Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (39)
- American Dental Association (3)
- Chicago-Kent College of Law (3)
- Mercer University School of Law (3)
- Mississippi College School of Law (3)
-
- University of Colorado Law School (3)
- Brooklyn Law School (2)
- Georgia State University College of Law (2)
- Mitchell Hamline School of Law (2)
- University at Buffalo School of Law (2)
- University of Cincinnati College of Law (2)
- Vanderbilt University Law School (2)
- Association of Arab Universities (1)
- Cleveland State University (1)
- Loyola Marymount University and Loyola Law School (1)
- Marquette University Law School (1)
- National Law School of India University (1)
- Northwestern Pritzker School of Law (1)
- Notre Dame Law School (1)
- Pepperdine University (1)
- Roger Williams University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- United Arab Emirates University (1)
- University of Arkansas, Fayetteville (1)
- University of Maine School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Washington School of Law (1)
- Villanova University Charles Widger School of Law (1)
- Washington and Lee University School of Law (1)
- William & Mary Law School (1)
- Keyword
-
- Law (10)
- Affirmative Action (6)
- SFFA (6)
- Diversity (5)
- Labor law (4)
-
- Supreme Court (4)
- Collective bargaining (3)
- Abortion (2)
- Corporate Law (2)
- Corporate law (2)
- Discrimination (2)
- ESG (2)
- Education (2)
- Employment discrimination (2)
- Employment law (2)
- Equality (2)
- Exploitation (2)
- Fourteenth Amendment (2)
- Influencers (2)
- Race (2)
- Securities Law (2)
- Stakeholder Governance (2)
- Unions (2)
- Workplace discrimination (2)
- 14th Amendment (1)
- A History of Securities Law in the Supreme Court (1)
- A.C. Pritchard (1)
- ADEA (1)
- AI (1)
- AI arbitrators (1)
- Publication
-
- Seattle University Law Review (38)
- Employee Rights and Employment Policy Journal (3)
- Mercer Law Review (3)
- Mississippi College Law Review (3)
- The Journal of the Michigan Dental Association (3)
-
- University of Colorado Law Review (3)
- Brooklyn Law Review (2)
- Buffalo Law Review (2)
- Georgia State University Law Review (2)
- University of Cincinnati Law Review (2)
- Vanderbilt Law Review (2)
- Arkansas Law Review (1)
- Cleveland State Law Review (1)
- Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات (1)
- Journal of Legislation (1)
- Loyola of Los Angeles Entertainment Law Review (1)
- Marquette Law Review (1)
- Mitchell Hamline Law Journal of Public Policy and Practice (1)
- Mitchell Hamline Law Review (1)
- National Law School Journal (1)
- Nevada Law Journal Forum (1)
- Northwestern University Law Review (1)
- Ocean and Coastal Law Journal (1)
- Pepperdine Law Review (1)
- Roger Williams University Law Review (1)
- Seattle Journal for Social Justice (1)
- Touro Law Review (1)
- UAEU Law Journal (1)
- Villanova Law Review (1)
- Washington Journal of Social & Environmental Justice (1)
Articles 1 - 30 of 84
Full-Text Articles in Law
Abortion, Citizenship, And The Right To Travel, Rebecca E. Zietlow
Abortion, Citizenship, And The Right To Travel, Rebecca E. Zietlow
Employee Rights and Employment Policy Journal
This article considers the changed landscape for abortion rights since the United States Supreme Court’s opinion in Dobbs v. Jackson Women’s Health. Before Dobbs, the right to choose an abortion was a fundamental right under federal law, enforceable against all state governments. After Dobbs, the scope of one’s right to choose an abortion depends on the state in which one lives, and if abortion is illegal in their home state, their right to travel to another state where abortion is legal. The right to travel is particularly important for workers who must live in an anti-abortion state because their …
Labor Law's Impact On The Post-Dobbs Workplace, Jeffrey M. Hirsch
Labor Law's Impact On The Post-Dobbs Workplace, Jeffrey M. Hirsch
Employee Rights and Employment Policy Journal
The Supreme Court’s Dobbs decision has left many workers, especially in states with restrictive abortion-related laws, in a precarious position. Labor laws and unions, however, provide one avenue for providing these workers with more protections. Unions can demand bargaining to protect or expand health care, leave, and other terms of employment that give workers with means to obtain abortion-related care. Unions can also provide members legal defense and other support if they face prosecutions. Additionally, both union and non-union workers who make up the vast majority of workers in states with restrictive laws may have labor law protection for discussing …
A Case For The Ages: Thompson And Preserving The Adea Statutory Time To File, Rachel Gadra Rankin
A Case For The Ages: Thompson And Preserving The Adea Statutory Time To File, Rachel Gadra Rankin
Georgia State University Law Review
This Note analyzes the contractual shortening of the ADEA’s filing period, contrasting it with Title VII’s requirements and advocating for legislative or judicial clarification.
From College Campus To Corner Office: The Impact Of Sffa V. Harvard On Voluntary Affirmative Action Programs, Ellen Whitehair
From College Campus To Corner Office: The Impact Of Sffa V. Harvard On Voluntary Affirmative Action Programs, Ellen Whitehair
University of Cincinnati Law Review
No abstract provided.
Clarett, Moultrie, And Applying The Nonstatutory Labor Exemption To Professional Sports’ Draft Eligibility Rules, Mathew Santoyo
Clarett, Moultrie, And Applying The Nonstatutory Labor Exemption To Professional Sports’ Draft Eligibility Rules, Mathew Santoyo
Brooklyn Law Review
Collective bargaining is the mechanism by which major sports leagues and their players unions have negotiated the terms and conditions of employment for many decades. One standard provision of these collective bargaining agreements is a draft eligibility rule governing the conditions by which prospective athletes are eligible for the league’s entry draft. These collective bargaining agreements exists at the intersection of two somewhat discordant areas of law: antitrust and labor law. Under antitrust law, Congress enacted a policy favoring competition and prohibiting unreasonable restraints on trade. On the other hand, under labor law, Congress enacted a policy favoring collective bargaining. …
Whither The Wagner Act: On The Waning View Of Labor Law And Leviathan, Brandon R. Magner
Whither The Wagner Act: On The Waning View Of Labor Law And Leviathan, Brandon R. Magner
Employee Rights and Employment Policy Journal
The National Labor Relations Act’s (NLRA) well-documented weaknesses in substance and enforcement, combined with legislators’ inability to adapt the Act to the modern economy, have understandably created many cynics in the field of labor law. For several decades, legal scholars have almost unanimously derided the NLRA and the agency which administers it, the National Labor Relations Board (NLRB), for failing to prevent rampant anti-union conduct by employers and the collapse of the union formation process through the Board’s election machinery. This “ossification” of the law, as it has come to be known, is considered to be a key contributor to …
Labor And Employment, W. Jonathan Martin Ii, Patricia-Anne Brownback
Labor And Employment, W. Jonathan Martin Ii, Patricia-Anne Brownback
Mercer Law Review
This Article focuses on recent cases concerning federal labor and employment laws. The following is a discussion of those opinions.
Dentistry And The Law: Taking Records When Leaving A Practice, Dan Schulte Jd
Dentistry And The Law: Taking Records When Leaving A Practice, Dan Schulte Jd
The Journal of the Michigan Dental Association
MDA Legal Counsel Dan Schulte advises on departing partner issues: without contracts, disputes arise regarding records, patient ownership, and practice buyout. Employment and shareholder agreements ensure orderly transitions and protect practice interests. Patient records legally belong to the practice, and transferring them without consent violates laws. Patients can request records, but fees apply. Schulte stresses the importance of agreements to avoid costly disputes and ensure continuity of care.
Gaps In Our National Security: How The Lack Of Female Leadership Impacts Our Nation’S Success And Safety, Maggie Sullivan
Gaps In Our National Security: How The Lack Of Female Leadership Impacts Our Nation’S Success And Safety, Maggie Sullivan
Cleveland State Law Review
Gender inequality in the workplace is an ever-evolving discussion. One aspect of gender inequality that is frequently overlooked is the leadership gap—the lack of representation of women in the top positions of their respective careers. Research demonstrates that the leadership gap is particularly pronounced in the legal field. This Article analyzes the factors within the legal field that perpetuate the leadership gap and examines the unique, confounding qualities of careers in national security to illustrate an exacerbated problem of inequality for women lawyers in national security. The lack of adequate diversity in people working in—and leading—the national-security field has been …
The Kids Are Not Alright: A Look Into The Absence Of Laws Protecting Children In Social Media, Libby Morehouse
The Kids Are Not Alright: A Look Into The Absence Of Laws Protecting Children In Social Media, Libby Morehouse
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
Reforming The Ministerial Exception, Paul E. Mcgreal
Reforming The Ministerial Exception, Paul E. Mcgreal
Villanova Law Review
No abstract provided.
Labor Pains: The Inadequacies Of Current Federal Pregnancy Laws And The Alternative Routes To Accommodation, Sara Alexander
Labor Pains: The Inadequacies Of Current Federal Pregnancy Laws And The Alternative Routes To Accommodation, Sara Alexander
Mississippi College Law Review
Although many women are able to work through their pregnancies without employer accommodations, some pregnant workers who require accommodations "are forced out of their jobs unnecessarily when minor adjustments would enable them to keep working." In 2003, a hardware assembler in Ohio was terminated after her doctor limited her weight-lifting to twenty pounds and ordered that she work no more than eight hours at a time. In 2009, a retail worker in Kansas was fired because she needed to keep a water bottle with her in order to stay hydrated and prevent bladder infections. In 2011, an activity director at …
The Work-Rule Doctrine Doesn't Work After Reeves V. Sanderson Plumbing Products, Grafton Bragg
The Work-Rule Doctrine Doesn't Work After Reeves V. Sanderson Plumbing Products, Grafton Bragg
Mississippi College Law Review
This Note is about an existing plague on employment-law jurisprudence in the Fifth Circuit. Small and big companies alike can terminate an employee for no discriminatory reason but then be tagged with a lawsuit that has a fair chance of success, just because the disgruntled former employee is willing to lie or the parties disagree over the facts. This is true even though no evidence of actual discrimination exists. The work-rule doctrine changes at-will employment to good-will employment under the guise of federal employment discrimination statutes. Whatever your position is on the longstanding at-will employment regimes, there can be no …
At-Will Employment And Healthcare: A Constant Conflict, Chris White
At-Will Employment And Healthcare: A Constant Conflict, Chris White
Mississippi College Law Review
Perfection is impossible. Perfection is essentially possible in the healthcare field, where adverse events are a part of the profession. For this reason, the government has developed systems that attempt to curb the inevitable issues that will arise; however, those systems do not always catch the shortcomings of healthcare-providing institutions. For this reason, the non-physician employees on the ground level, interacting with the patients on a daily basis, are often the best source of information when targeting and curing a healthcare organization’s shortfalls. Unfortunately, barriers exist that keep those non-physician employees from bringing to light what they have noticed.
Don’T Lose The Remote: An Employer’S Guide To Remote Employee And Trade Secret Retention Without Non-Competes, Kayla Lya Pfeifer
Don’T Lose The Remote: An Employer’S Guide To Remote Employee And Trade Secret Retention Without Non-Competes, Kayla Lya Pfeifer
Mercer Law Review
This Comment discusses potential employer solutions to the intersectional challenges of balancing trade secret protection and employee retention in a post-COVID-19 remote employment market. First, this Comment provides an overview of the FTC’s proposed rule to ban non-competes, as well as the political context and history behind the FTC’s enhanced focus on policing anti-competitive business behaviors. Additionally, this Comment explains the utility behind non-competes and contextualizes the ban’s potential effects through a legal survey of non-compete enforceability in the U.S. To illustrate the steep challenge of trade secret protection in the modern employment market, this Comment separately analyzes the rise …
Different Sides Of The Same Coin: How The Eleventh Circuit Deepened The Circuit Split For An Americans With Disabilities Act Failure-To-Accommodate Claim In Beasley V. O’Reilly Auto Parts, Anna Carr Hanks
Mercer Law Review
Through its decision in Beasley v. O’Reilly Auto Parts, the United States Court of Appeals for the Eleventh Circuit deepened the split among the circuit courts nationwide by explicitly requiring an adverse employment action in failure-to-accommodate claims under Title I of the Americans with Disabilities Act. Through this opinion, the Eleventh Circuit joined the minority of circuits and suggested that the Supreme Court of the United States may soon need to revisit this issue to resolve the uncertainty stemming from this fundamental disagreement among the circuits.
The Case For Waivable Employee Rights: A Contrarian View, William R. Corbett
The Case For Waivable Employee Rights: A Contrarian View, William R. Corbett
Buffalo Law Review
No abstract provided.
A Proposed Framework For A Federal Inevitable Disclosure Doctrine Under The Defend Trade Secrets Act, Michael J. Garrison, Dawn R. Swink, John T. Wendt
A Proposed Framework For A Federal Inevitable Disclosure Doctrine Under The Defend Trade Secrets Act, Michael J. Garrison, Dawn R. Swink, John T. Wendt
Buffalo Law Review
No abstract provided.
Public Health Consequences Of Appellate Standards For Hostile Work Environment Claims, Lauren Krumholz
Public Health Consequences Of Appellate Standards For Hostile Work Environment Claims, Lauren Krumholz
Washington Journal of Social & Environmental Justice
No abstract provided.
Kidfluencers: New Child Stars In Need Of Protection, Mikayla B. Jayroe
Kidfluencers: New Child Stars In Need Of Protection, Mikayla B. Jayroe
Arkansas Law Review
Despite the explosive growth of social media and various lobbying efforts, the legal system has fallen woefully behind in extending labor protections to children engaged in social media production. This Comment will offer a solution to the current gray area surrounding kidfluencers and the lack of protections they are afforded. First, this Comment will discuss the emergence and growth of the kidfluencer industry and explore the legal history of child labor laws in the United States, specifically evaluating protections historically provided to child actors. Second, this Comment will explain why posts by kidfluencers should be considered work, explore the harms …
An Unfair Method Of Rulemaking: An Application Of Constitutional Doctrines That Oppose The Ftc Rule Banning Non-Competition Agreements, Jared Yaggie
University of Cincinnati Law Review
No abstract provided.
Obedience Restrictions On Public Employee, فيصل الحوامدة
Obedience Restrictions On Public Employee, فيصل الحوامدة
Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات
This research deals with the subject of obedience restrictions that can be applied on public employee and shows the concept of public employee, obedience and its verdict and importance. The concept of restrictions which control the employee's compliance for his employers in public administration is considered to be a legal responsibility within certain limits shown in this research in details:
In public jobs, employees have to comply their employers' orders in which employees should implement these orders without raising opposition. This research shows that compliance has certain limits in which employees should work within them .Compliance won't be obligatory if …
Dogma, Discrimination, And Doctrinal Disarray: A New Test To Define Harm Under Title Vii, Zach Islam
Dogma, Discrimination, And Doctrinal Disarray: A New Test To Define Harm Under Title Vii, Zach Islam
Brooklyn Law Review
Historically, federal courts have used the “adverse employment action” test in Title VII disparate treatment, disparate impact, and retaliation cases to determine whether a plaintiff has suffered adequate harm. This note argues that this approach is fundamentally flawed. At the outset, the test is a judicial power grab with no support in the statutory language. What is more, it fails to uphold the plain policy purposes for Title VII by largely ignoring evidence of discriminatory acts in the workplace that Congress sought to prevent in passing the statute. Consequently, Title VII plaintiffs get the short end of the stick with …
The Labor Gerrymander, Joel Heller
The Labor Gerrymander, Joel Heller
Vanderbilt Law Review
The foundational metaphor of federal labor law is “industrial democracy.” But like any good metaphor, it is subject to overuse. The National Labor Relations Act (NLRA) grants employees the right to have a say in the decisions that govern their working lives through union representation and collective bargaining. Parties and policymakers often invoke the language of American political democracy when describing and debating that right. Democracy is not a unitary concept, however, and not all norms and concepts from the political sphere can or should translate into the labor sphere.
This Article interrogates the political-model analogy through the lens of …
Misrepresentations In Labor Trafficking: State Laws As An Alternative Theory Of Liability For Recruiters, Hannah Garvin
Misrepresentations In Labor Trafficking: State Laws As An Alternative Theory Of Liability For Recruiters, Hannah Garvin
Georgia State University Law Review
When addressing labor trafficking of migrants, the focus is typically on prosecuting the traffickers directly involved in obtaining a victim’s labor, but traffickers cannot exploit labor without victims. Research has shown that recruiters, both those intending to provide labor traffickers with victims and those who have no knowledge of the subsequent exploitation perpetrated by the supposed employer, often misrepresent job opportunities to migrants. Both types of recruiters profit off of the exploitation of migrants and ultimately continue to propagate labor trafficking. To effectively deter trafficker-recruiters and ensure independent recruiters are acting ethically, an all-encompassing method of accountability needs to be …
Telecommuting And Workers' Compensation In Wisconsin: Adopting Standards For The Work-From-Home Revolution, Elliott J. Manuel
Telecommuting And Workers' Compensation In Wisconsin: Adopting Standards For The Work-From-Home Revolution, Elliott J. Manuel
Marquette Law Review
The modern trend of telecommuting has gained popularity in recent years, with many employees working from home in lieu of reporting to brick-and-mortar offices. Yet the law has failed to keep up with this trend, particularly in the context of workers’ compensation. And with the rise in telecommuting, a rise in workers’ compensation claims for injuries sustained in the home is likely to follow. While the common law provides a framework for resolving telecommuter claims in Wisconsin, this framework invites inconsistent application and fails to abide by the purpose of Wisconsin’s Workers’ Compensation Act. In anticipation of the inevitable rise …
When Amazon Drivers Kill: Accidents, Agency Law, And The Contractor Economy, Keith Cunningham-Parmeter
When Amazon Drivers Kill: Accidents, Agency Law, And The Contractor Economy, Keith Cunningham-Parmeter
William & Mary Law Review
Amazon vans and Uber drivers frequently crash into other cars. Despite the many injuries and deaths that result from these accidents, Amazon and Uber deny responsibility for such claims because they categorize their drivers as “independent contractors.” But this contractor defense distorts the basic rules of agency law. Over a century ago, courts crafted agency standards that forced businesses to pay for the harms that their workers caused. Since that time, American firms have attempted to skirt this rule by labeling their workers as “contractors” rather than as “employees.” Aware of this age-old tactic to avoid liability, courts historically built …
Guarantees Of Payment Of Wages In Enterprise Contracts And Its Contemporary Applications In Accordance With The Enforced Legislation In Palestine, Muayad K. Hattab Phd, Ashraf Muhammad Hussein Dr
Guarantees Of Payment Of Wages In Enterprise Contracts And Its Contemporary Applications In Accordance With The Enforced Legislation In Palestine, Muayad K. Hattab Phd, Ashraf Muhammad Hussein Dr
UAEU Law Journal
remuneration under the contracting contract, and the mechanisms of enforcing the employer to implement his obligation to pay the remuneration, in light of the Palestinian legislative reality, which is still dependent upon the Mejella (Journal of Judicial Rules), as the Civil Law in force in Palestine. The study attempted to find a solution to the legislative shortcoming represented in the fact that the provisions of the Mejella devoid of a clear and explicit regulation of the provisions of the contracting contract and the responsibilities of the parties to that contract, especially with regard to obligating the employer …
Constitutional Clash: Labor, Capital, And Democracy, Kate Andrias
Constitutional Clash: Labor, Capital, And Democracy, Kate Andrias
Northwestern University Law Review
In the last few years, workers have engaged in organizing and strike activity at levels not seen in decades; state and local legislators have enacted innovative workplace and social welfare legislation; and the National Labor Relations Board has advanced ambitious new interpretations of its governing statute. Viewed collectively, these efforts—“labor’s” efforts for short—seek not only to redefine the contours of labor law. They also present an incipient challenge to our constitutional order. If realized, labor’s vision would extend democratic values, including freedom of speech and association, into the putatively private domain of the workplace. It would also support the Constitution’s …
A Haven For Traffickers: How The United States Provides A Legal Safe Haven For Businesses That Rely On Forced Labor In The International Supply Chain, Ramona Lampley
Pepperdine Law Review
Congress enacted the Trafficking Victims Protection Act (“TVPRA” or “Act”) in 2000, which, through its amendments, gives victims of human trafficking, including forced labor or slave labor, a private right of action against those who knowingly benefit from the abusive labor practices perpetrated on them. Even though slave labor, particularly child labor, is a perceived evil in the foreign supply chains of many domestic companies, courts appear uncomfortable with the some of the civil liability provisions of the TVPRA. This Article examines recent cases brought under the TVPRA, and how, in some cases, courts have eviscerated the private right of …