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Articles 91 - 120 of 128
Full-Text Articles in Law
Going Beyond The Judicially Prescribed Boundaries Of The Americans With Disabilities Act, Ben Cristal
Going Beyond The Judicially Prescribed Boundaries Of The Americans With Disabilities Act, Ben Cristal
Hofstra Labor & Employment Law Journal
No abstract provided.
Focusing Title Vii: The Supreme Court Continues The Battle Against Intentional Discrimination In St. Mary's Honor Center V. Hicks, Julyn M. Mccarty, Michael J. Levy
Focusing Title Vii: The Supreme Court Continues The Battle Against Intentional Discrimination In St. Mary's Honor Center V. Hicks, Julyn M. Mccarty, Michael J. Levy
Hofstra Labor & Employment Law Journal
No abstract provided.
Reports, Awards, And Opinions 1996-1997-1, Eric J. Schmertz
Reports, Awards, And Opinions 1996-1997-1, Eric J. Schmertz
Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection
Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Boston Gas Company, General Electric Company, and New York Bus Service, among others.
Taking The Public Out Of Determining Government Policy: The Need For An Appropriate Scope Of Bargaining Test In The Illinois Public Sector, 29 J. Marshall L. Rev. 531 (1996), Eric C. Scheiner
UIC Law Review
No abstract provided.
The Subtle Vices Of The Employment Discrimination Laws, 29 J. Marshall L. Rev. 575 (1996), Richard A. Epstein
The Subtle Vices Of The Employment Discrimination Laws, 29 J. Marshall L. Rev. 575 (1996), Richard A. Epstein
UIC Law Review
No abstract provided.
Public Employee Speech And Public Concern: A Critique Of The U.S. Supreme Court's Threshold Approach To Public Employee Speech Cases, 30 J. Marshall L. Rev. 121 (1996), Pengtian Ma
UIC Law Review
No abstract provided.
Rethinking Civil Rights And Employment At Will: Toward A Coherent National Discharge Policy, Ann C. Mcginley
Rethinking Civil Rights And Employment At Will: Toward A Coherent National Discharge Policy, Ann C. Mcginley
Scholarly Works
America's employment discharge policy begs for reform. Although most states have created exceptions to the employment at will doctrine, the doctrine thrives. Title VII of the Civil Rights Act of 1964 (“Title VII”), which bans discrimination in employment based on race, gender, color, religion, and national origin, has proved ineffective in combating employment discrimination. Despite the statutory and common law exceptions to the employment at will doctrine, today's employees may have less job security than in the past. Although I applaud the Commissioners' efforts toward achieving justice in the workplace, I believe that abolishing the employment at will doctrine through …
The Enforceability Of Norms And The Employment Relationship, Edward B. Rock, Michael L. Wachter
The Enforceability Of Norms And The Employment Relationship, Edward B. Rock, Michael L. Wachter
All Faculty Scholarship
No abstract provided.
West Virginia University V. Decker: The Future Of Age Discrimination In West Virginia, Sophie E. Zdatny
West Virginia University V. Decker: The Future Of Age Discrimination In West Virginia, Sophie E. Zdatny
West Virginia Law Review
No abstract provided.
Union Lawyer's Obligations To Bargaining Unit Members: A Case Study Of The Interdependence Of Legal Ethics And Substantive Law, The Symposium: The Lawyer's Duties And Liabilities To Third Parties, Russell G. Pearce
Faculty Scholarship
One of the largest groups of purported nonclients to whom lawyers might have obligations are members of bargaining units represented by unions. Despite the much publicized decline of labor unions, they have almost 16.4 million members. In addition, many workers are members of bargaining units represented by labor unions, but are not union members. The relationship of union lawyers to these millions of bargaining unit members, whether members of the union or not, is unclear. An examination of how this relationship influences and is influenced by labor law offers a fascinating case study of the synergy between the substantive law …
(Dis)Assembling Rights Of Women Workers Along The Global Assembly Line: Human Rights And The Garment Industry Symposium: Political Lawyering: Conversations On Progressive Social Change, Laura Ho, Catherine Powell, Leti Volpp
(Dis)Assembling Rights Of Women Workers Along The Global Assembly Line: Human Rights And The Garment Industry Symposium: Political Lawyering: Conversations On Progressive Social Change, Laura Ho, Catherine Powell, Leti Volpp
Faculty Scholarship
Some observers would like to explain away sweatshops as immigrants exploiting other immigrants, as "cultural, or as the importation of a form of exploitation that normally does not happen here but occurs elsewhere, in the "Third World." While the public was shocked by the discovery at El Monte, garment workers and garment worker advocates have for years been describing abuses in the garment industry and have ascribed responsibility for such abuses to manufacturers and retailers who control the industry. Sweatshops, like the one in El Monte, are a home-grown problem with peculiarly American roots. Since the inception of the garment …
Turning Labor Into Love: Housework And The Law, Katharine B. Silbaugh
Turning Labor Into Love: Housework And The Law, Katharine B. Silbaugh
Faculty Scholarship
Women's unpaid domestic labor produces tremendous economic value. In the United States, women spend more of their productive work hours in unpaid labor than in paid labor, and the credible estimates of the economic value of unpaid labor range from the equivalent of 24% to 60% of the U.S. Gross Domestic Product ("GDP"). Given its economic value and its significant role in the working lives of women, it is surprising that the topic of home labor has received no systematic examination by legal scholars. This Article undertakes such an examination. It concludes that a wide range of legal doctrines treat …
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
Faculty Scholarship
No abstract provided.
Annual Survey Of Virginia Law: Employment Law, Paul G. Beers
Annual Survey Of Virginia Law: Employment Law, Paul G. Beers
University of Richmond Law Review
This article focuses upon Virginia employment law between spring 1995 and August 1996. Special topics, such as public sector employment, unemployment compensation and workers compensation2 lie outside the scope of this article, as do developments under federal statutes.
"The Harvest Is Plentiful, But The Laborers Are Few": Hiring Practices And Religiously Affiliated Universities, Robert John Araujo
"The Harvest Is Plentiful, But The Laborers Are Few": Hiring Practices And Religiously Affiliated Universities, Robert John Araujo
University of Richmond Law Review
This is a paper with a modest goal about an immodest topic: how mankind does God's work in this world. In particular, I address a small part of this rather large question: how do religiously affiliated schools make their modest contribution to this work? More particularly, who gets chosen to be a laborer in bringing in the plentiful harvest. The laborer is the teacher or administrator, the vineyard is the religiously affiliated university or college of the late twentieth century United States. Consequently, I address employment practices: who gets hired as a laborer and by what criteria is this special …
Does Title Vii Allow For Liability Against Individual Defendants?, Kendra Samson
Does Title Vii Allow For Liability Against Individual Defendants?, Kendra Samson
Kentucky Law Journal
No abstract provided.
Enforcing Conventional Morality Through Taxation?: Determining The Excludability Of Employer-Provided Domestic Partner Health Benefits Under Sections 105(B) And 106 Of The Internal Revenue Code, Lindsay Brooke King
Washington and Lee Law Review
No abstract provided.
Comparable Worth And The Fair Pay Act Of 1994, Rhonda J. Blackburn
Comparable Worth And The Fair Pay Act Of 1994, Rhonda J. Blackburn
Kentucky 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.
Mandatory Arbitration Of Individual Employment Rights: The Yellow Dog Contract Of The 1990s, Katherine V.W. Stone
Mandatory Arbitration Of Individual Employment Rights: The Yellow Dog Contract Of The 1990s, Katherine V.W. Stone
Cornell Law Faculty Publications
No abstract provided.
Mandatory Arbitration: Alternative Dispute Resolution Or Coercive Dispute Suppression?, Sharona Hoffman
Mandatory Arbitration: Alternative Dispute Resolution Or Coercive Dispute Suppression?, Sharona Hoffman
Faculty Publications
The enforceability of mandatory arbitration policies contained in employment contracts between employees and their direct employers remains an open question, even after the Supreme Court's 1991 decision in Gilmer v. Interstate Johnson Lane Corp. While Gilmer gave effect to a mandatory arbitration clause in a contract between a securities broker and his licensing exchange, the Court noted that the contract at issue was not an ordinary employment contract between employer and employee. The Court declined to decide whether arbitration agreements in ordinary employment contracts are per se enforceable under the Federal Arbitration Act or whether these provisions are exempt from …
A Universal Fully-Funded Pension Scheme, Lok Sang Ho
A Universal Fully-Funded Pension Scheme, Lok Sang Ho
Centre for Public Policy Studies : CPPS Working Paper Series
No abstract provided.
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
Scholarly Works
Employment lawyers have witnessed a virtual revolution in the law of employment relations during the past thirty years. Although the federal government intervened substantially in private employment relationships in response to the economic catastrophe of the Great Depression, employers remained largely free of regulation until the explosion of statutes and common law developments that commenced in the 1960s and continues today. Recent developments in common law tort and contract principles are particularly troubling for defense counsel in employment matters, since the resulting doctrinal uncertainty renders it difficult to assess the client's exposure with any assurance until the appeals in the …
Book Review. Sexual Abuse By Professionals: A Legal Guide By Steven B. Bisbing, Et.Al., Juliet Casper Smith
Book Review. Sexual Abuse By Professionals: A Legal Guide By Steven B. Bisbing, Et.Al., Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
The Excludability Of Employment Discrimination Awards Under Code Section 104(A)(2) After Burke V. United States And Commissioner V. Schleier, Leandra Lederman
The Excludability Of Employment Discrimination Awards Under Code Section 104(A)(2) After Burke V. United States And Commissioner V. Schleier, Leandra Lederman
Articles by Maurer Faculty
No abstract provided.
Employment Law - Ramifications Of St. Mary's Honor Center V. Hicks: The Third Circuit's Revival Of The Pretext-Only Standard At Summary Judgment, Alison M. Donahue
Employment Law - Ramifications Of St. Mary's Honor Center V. Hicks: The Third Circuit's Revival Of The Pretext-Only Standard At Summary Judgment, Alison M. Donahue
Villanova Law Review
No abstract provided.
Downsizing The Age Discrimination In Employment Act: The Availability Of Disparate Impact Liability, Brendan Sweeney
Downsizing The Age Discrimination In Employment Act: The Availability Of Disparate Impact Liability, Brendan Sweeney
Villanova Law Review
No abstract provided.
The Business Necessity Defense In Disparate Impact Discrimination Cases, Susan Grover
The Business Necessity Defense In Disparate Impact Discrimination Cases, Susan Grover
Faculty Publications
No abstract provided.
How To Count To Fifteen: Determining The Jurisdictional Scope Of Title Vii: An Analysis Of Walters V. Metropolitan Educational Enterprises Inc., Barbara J. Fick
How To Count To Fifteen: Determining The Jurisdictional Scope Of Title Vii: An Analysis Of Walters V. Metropolitan Educational Enterprises Inc., Barbara J. Fick
Journal Articles
This article previews the Supreme Court case Walters v. Metropolitan Educational Enterprises, Inc., 519 U.S. 202 (1997). The author expected the Court to consider how the number of employees of a particular employer should be counted for for purposes of Title VII of the Civil Rights Act of 1964.
Book Review. Turbulence!: Challenges And Opportunities In The World Of Work: Are You Prepared For The Future? By Roger E. Herman, Juliet Casper Smith
Book Review. Turbulence!: Challenges And Opportunities In The World Of Work: Are You Prepared For The Future? By Roger E. Herman, Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.