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Full-Text Articles in Law
Challenging Discriminatory Guesswork: Does Impact Analysis Apply, Michael A. Middleton
Challenging Discriminatory Guesswork: Does Impact Analysis Apply, Michael A. Middleton
Faculty Publications
This article initially examines the traditional theories of proof in Title VII cases. It then discusses approaches by lower courts in resolving the competing concerns raised in applying those traditional theories in challenges to subjective selection devices. This article next discusses the Supreme Court's resolution of the problem in Watson and suggests a workable alternative resolution that will not undermine the broad prophylactic purposes of Title VII.
Rational Decisions And Regulation Of Union Entry, Keith N. Hylton, Maria O'Brien
Rational Decisions And Regulation Of Union Entry, Keith N. Hylton, Maria O'Brien
Faculty Scholarship
More than a decade after the publication of Law and Reality, the debate continues over the proper scope of election campaign regulation under the National Labor Relations Act (the "Act"). The issue has been whether employer efforts to dissuade employees from electing a union to represent them in collective bargaining actually influence the outcomes of elections. Several academic lawyers and social scientists have criticized one aspect or another of the Getman, Goldberg and Herman results (hereinafter the "Getman Study"), suggesting that many employer tactics have no effect on election outcomes, and that such tactics should not be regulated by …
Labor, Management, And The First Amendment: Whose Rights Are These, Anyway?, Richard Michael Fischl
Labor, Management, And The First Amendment: Whose Rights Are These, Anyway?, Richard Michael Fischl
Cardozo Law Review
No abstract provided.
Work On A Labor Theory Of Meaning, Kenneth M. Casebeer