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- Maurice A. Deane School of Law at Hofstra University (17)
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- UIC School of Law (5)
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- Keyword
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- Law reform (16)
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- Discrimination against people with disabilities in employment (5)
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- Publication
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- Hofstra Labor & Employment Law Journal (15)
- University of Michigan Journal of Law Reform (15)
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- All Faculty Scholarship (4)
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Articles 31 - 60 of 128
Full-Text Articles in Law
Community Guide To Environmental & Occupational Safety Laws - Part Ii - Your Right To A Clean Environment: Review Of Selected Environmental Laws
Environmental Law and Justice Clinic
The Environmental Law and Justice Clinic ("ELJC") of Golden Gate University School of Law developed this part of the Community Guide to assist you and your community in addressing environmental pollution concerns. It explains several state and federal environmental laws, and provides an overview of several governmental agencies responsible for enforcing these laws. We hope you will fmd this Community Guide useful, such as when you want to identify and contact a governmental agency, obtain information about an environmental hazard in your neighborhood or workplace, participate in an environmental decision-making process, or voice your concerns on a particular environmental issue …
How Will Welfare Recipients Fare In The Labor Market?, Jeffrey S. Lehman, Sheldon Danziger
How Will Welfare Recipients Fare In The Labor Market?, Jeffrey S. Lehman, Sheldon Danziger
Cornell Law Faculty Publications
No abstract provided.
Keeping The Government Out Of The Way: Project Labor Agreements Under The Supreme Court's Boston Harbor Decision, Henry H. Perritt Jr.
Keeping The Government Out Of The Way: Project Labor Agreements Under The Supreme Court's Boston Harbor Decision, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Sexual Harassment Policies: An Employer's Burden Or Advantage?, Lisa L. Fowler
Sexual Harassment Policies: An Employer's Burden Or Advantage?, Lisa L. Fowler
Brigham Young University Journal of Public Law
No abstract provided.
Separating Business Decisions And Fiduciary Duty In Erisa Litigation?, Mary O. Jensen
Separating Business Decisions And Fiduciary Duty In Erisa Litigation?, Mary O. Jensen
Brigham Young University Journal of Public Law
No abstract provided.
Interference On Both Sides: The Case Against The Nfl-Nflpa Contract, Robert A. Mccormick
Interference On Both Sides: The Case Against The Nfl-Nflpa Contract, Robert A. Mccormick
Washington and Lee Law Review
No abstract provided.
Arbitrating Statutory Employment Claims In The Aftermath Of Gilmer, Martin H. Malin
Arbitrating Statutory Employment Claims In The Aftermath Of Gilmer, Martin H. Malin
All Faculty Scholarship
No abstract provided.
Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin
Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin
All Faculty Scholarship
No abstract provided.
Adarand Constructors, Inc. V. Pena And The Continuing Irrelevance Of Supreme Court Affirmative Action Decisions, Neal Devins
Adarand Constructors, Inc. V. Pena And The Continuing Irrelevance Of Supreme Court Affirmative Action Decisions, Neal Devins
William & Mary Law Review
No abstract provided.
Perception Or Reality?: Some Reflections On The Interpretation Of Disability Discrimination Statutes, Michael D. Moberly
Perception Or Reality?: Some Reflections On The Interpretation Of Disability Discrimination Statutes, Michael D. Moberly
Hofstra Labor & Employment Law Journal
No abstract provided.
Innovations In Collective Bargaining: Nummi - Driven To Excellence, Marley S. Weiss
Innovations In Collective Bargaining: Nummi - Driven To Excellence, Marley S. Weiss
Hofstra Labor & Employment Law Journal
No abstract provided.
First, Do No Harm: Why Doctors Are Not Omnipotent Under The Americans With Disabilities Act, Sharona Hoffman
First, Do No Harm: Why Doctors Are Not Omnipotent Under The Americans With Disabilities Act, Sharona Hoffman
Hofstra Labor & Employment Law Journal
No abstract provided.
Step Up To The Bargaining Table: A Call For The Unionization Of Minor League Baseball, David M. Szuchman
Step Up To The Bargaining Table: A Call For The Unionization Of Minor League Baseball, David M. Szuchman
Hofstra Labor & Employment Law Journal
No abstract provided.
Pandora's (E-Mail) Box: E-Mail Monitoring In The Workplace, John Araneo
Pandora's (E-Mail) Box: E-Mail Monitoring In The Workplace, John Araneo
Hofstra Labor & Employment Law Journal
No abstract provided.
No Individual Liability For Managers Under The Americans With Disabilities Act Of 1990: Eeoc V. Aic Security Investigations, Ltd., William L. Morrissey Jr.
No Individual Liability For Managers Under The Americans With Disabilities Act Of 1990: Eeoc V. Aic Security Investigations, Ltd., William L. Morrissey Jr.
Villanova Law Review
No abstract provided.
Listening To Deaf Culture: A Reconceptualization Of Difference Analysis Under Title Vii, Mary Ellen Maatman
Listening To Deaf Culture: A Reconceptualization Of Difference Analysis Under Title Vii, Mary Ellen Maatman
Hofstra Labor & Employment Law Journal
This article at 13 Hofstra Labor Law Journal 269 (1996) considers and critiques the treatment of difference under federal antidiscrimination law by discussing and applying key insights from the "Deaf Culture" movement and its scholarship.
The Nlrb's Proposed Rule On The Appropriateness Of Single Location Bargaining Units: Clarity And Predictability, But Has Anything Changed?, Jonathan M. Kozak
The Nlrb's Proposed Rule On The Appropriateness Of Single Location Bargaining Units: Clarity And Predictability, But Has Anything Changed?, Jonathan M. Kozak
Hofstra Labor & Employment Law Journal
No abstract provided.
Multiemployer Bargaining And Withdrawing From The Association After Bargaining Has Begun: 38 Years Of "Unusual Circumstances" Under Retail Associates, Richard A. Bock
Multiemployer Bargaining And Withdrawing From The Association After Bargaining Has Begun: 38 Years Of "Unusual Circumstances" Under Retail Associates, Richard A. Bock
Hofstra Labor & Employment Law Journal
No abstract provided.
Arbitration Of Employment Discrimination Claims: Doctrine And Policy In The Wake Of Gilmer, Joseph R. Grodin
Arbitration Of Employment Discrimination Claims: Doctrine And Policy In The Wake Of Gilmer, Joseph R. Grodin
Hofstra Labor & Employment Law Journal
No abstract provided.
Guilty Knowledge, Daniel S. Kleinberger
Guilty Knowledge, Daniel S. Kleinberger
Faculty Scholarship
Agency law's attribution rules impose most of the risk of agent misconduct on the party who selects the agent and benefits from the agent's endeavors, i.e., the principal. The rules thus help establish and maintain a proper balance of risk between principals and third parties. Unfortunately, a recent unpublished decision of the Minnesota Court of Appeals, Engen v. Mitch's Bar & Grill, threatens to upset that balance and release principals from responsibility for an important type of information possessed by their agents. Engen is dangerous, despite its unpublished status. This Case Note seeks to eliminate any influence the case might …
Principles Of Insurance Coverage: A Guide For The Employment Lawyer, Francis J. Mootz Iii
Principles Of Insurance Coverage: A Guide For The Employment Lawyer, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.
Unemployment Compensation: Continuity, Change, And The Prospects For Reform, Jerry L. Mashaw
Unemployment Compensation: Continuity, Change, And The Prospects For Reform, Jerry L. Mashaw
University of Michigan Journal of Law Reform
The Symposium proceedings for which this Introduction provides an overview had a decidedly reformative impulse and focus. Authors and discussants came together not just to ruminate about the future, but to grapple with concrete problems that are both a legacy of the past and the product of relatively recent changes. Reformers found much to criticize and to suggest, whether their focus was on stable structures or newly emerging issues. The purpose of this Introduction is to synthesize the views expressed and to reflect on them from the perspective of a student of benefits administration, but one not expert in the …
Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin
Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin
University of Michigan Journal of Law Reform
The demographics of the workplace have changed substantially since the nation's unemployment insurance system was enacted in the 1930s. The number of dual-earner and single-parent families has increased dramatically. Yet, the basic requirements for eligibility for unemployment compensation have not varied much since their initial enactment. In this Article, Professor Malin explores the availability of benefits to individuals who lose their jobs because of conflicts between work and family responsibilities and to unemployed individuals whose family responsibilities restrict the types of jobs that they are able to take. He finds that the states have differed greatly concerning the degree to …
A Case For Pregnancy-Based Unemployment Insurance, Mark R. Brown
A Case For Pregnancy-Based Unemployment Insurance, Mark R. Brown
University of Michigan Journal of Law Reform
Professor Brown argues that unemployment insurance laws should be amended to provide coverage to otherwise eligible, pregnant claimants. Under current law, women who quit because of pregnancy are either disqualified from receiving unemployment benefits altogether or qualify only after childbirth. Those who are fired, meanwhile, often either cannot prove the motivation for their discharge or discover that they are disqualified because of their unavailability for work. Professor Brown uses a case study to illustrate the problems posed by pregnancy and unemployment insurance. He proposes model legislation that extends coverage to all pregnant claimants who temporarily separate from their employment.
Procedural Reform In The Unemployment Insurance System, Marla D. Clark, Jesse S. Reyes
Procedural Reform In The Unemployment Insurance System, Marla D. Clark, Jesse S. Reyes
University of Michigan Journal of Law Reform
In the 1990s, we have witnessed a political movement toward smaller governament and reduced federal funding for social benefits programs. At the same time, evidence suggests that the unemployment insurance (UI) system as it works today still may not benefit all of its intended recipients. The need for improved UI services and the scarcity of resources available to meet this need create a tension between political pressures and constitutional considerations of fairness and due process. While constitutional considerations always override political pressures, the real issue is where to strike the appropriate balance between fundamental fairness and economic reality.
Clarifying Conditions For Nonmonetary Eligibility In The Unemployment Insurance System, Amy B. Chasanov
Clarifying Conditions For Nonmonetary Eligibility In The Unemployment Insurance System, Amy B. Chasanov
University of Michigan Journal of Law Reform
This Article explores the nonmonetary eligibility requirements that unemployed individuals must meet in order to receive Unemployment Insurance (UI) benefits. These eligibility criteria, which are decided by the states, vary significantly. Because states often have relatively vague statutes regarding their specific nonmonetary eligibility criteria, state rules, regulations, and case law interpret these statutes and better define the criteria. The author discusses the results of a recent survey of UI nonmonetary eligibility criteria which provides information on the status of criteria across the nation than has been available previously. The author concludes that policy reform in this area should be focused …
Representation Of Claimants At Unemployment Compensation Proceedings: Identifying Models And Proposed Solutions, Maurice Emsellem, Monica Halas
Representation Of Claimants At Unemployment Compensation Proceedings: Identifying Models And Proposed Solutions, Maurice Emsellem, Monica Halas
University of Michigan Journal of Law Reform
Emsellem and Halas posit that claimants need representation at unemployment compensation proceedings. Evaluating statistical and survey data, the authors find that representation significantly improves a claimant's chance of receiving unemployment compensation. Improved recovery rates, they argue, benefit not only claimants but also society. The authors analyze the factors inducing employer appeals of compensation awards. They also review the systemic issues that accompany the provision of representation to those unable to afford it or to those unfamiliar with the unemployment compensation process. Finally, the authors present models of expanding claimant representation.
Essay: Torquemada And Unemployment Compensation Appeals, William W. Milligan
Essay: Torquemada And Unemployment Compensation Appeals, William W. Milligan
University of Michigan Journal of Law Reform
The premise of this Essay is that unemployment compensation appeals hearings take the form of inquests rather than follow the traditional adversarial model. Given this, the hearing officer carries a special burden of ensuring that due process is afforded. State review systems should structure the process so that the difference, along with the unique burden, is made explicit.
Are Non-English-Speaking Claimants Served By Unemployment Compensation Programs? The Need For Bilingual Services, Mary K. Gillespie, Cynthia G. Schneider
Are Non-English-Speaking Claimants Served By Unemployment Compensation Programs? The Need For Bilingual Services, Mary K. Gillespie, Cynthia G. Schneider
University of Michigan Journal of Law Reform
This Article examines the need for interpreters and translated written materials in unemployment compensation programs for those claimants who do not read, understand, or speak English well or at all. Thousands of employable persons in the United States do not read, understand, or speak English. These persons may be unable to receive unemployment compensation benefits or may receive delayed benefits solely because they are unable to comprehend English. The authors examine how ten states with substantial populations of limited-English-proficient speakers have provided these persons access to their state's unemployment compensation programs. The authors find varying practices among the states in …
Due Process Implications Of Telephone Hearings: The Case For An Individualized Approach To Scheduling Telephone Hearings, Allan A. Toubman, Tim Mcardle, Linda Rogers-Tomer
Due Process Implications Of Telephone Hearings: The Case For An Individualized Approach To Scheduling Telephone Hearings, Allan A. Toubman, Tim Mcardle, Linda Rogers-Tomer
University of Michigan Journal of Law Reform
As the executive branch shrinks and reduces expenditures, its adjudicative functions adjust to the new fiscal reality. Telephone hearings are, therefore, increasingly being used in order to control costs. This Article examines the impact of telephone hearings on the due process elements of unemployment compensation 'fair" hearings. The Authors review the applicable federal and state law and find that there is no absolute bar to using the telephone to conduct administrative hearings. They test the empirical effect of the telephone on hearings in California and Maine. Their analysis of hundreds of hearings indicates that parties to telephone hearings are less …