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- University of Massachusetts Boston (8)
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- Hofstra Labor & Employment Law Journal (12)
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Articles 121 - 150 of 153
Full-Text Articles in Law
Silencing Speech In The Workplace: Re-Examining The Use Of Specific Speech Injunctive Relief For Title Vii Hostile Environment Work Claims, 34 J. Marshall L. Rev. 321 (2000), Sonali Das
UIC Law Review
No abstract provided.
The Toleration Of Unjustified Distinctions Between The Mentally And Physically Disabled In Lewis V. Kmart Corp. Makes One Thing Clear: Not All Disabilities Were Created Equal, Donna M. Orzell
Villanova Law Review
No abstract provided.
I Can't Work, Just Kidding, I Can: The Effects That Applying For Disability Benefits Have On An Ada Claim, John Bisordi
I Can't Work, Just Kidding, I Can: The Effects That Applying For Disability Benefits Have On An Ada Claim, John Bisordi
Villanova Law Review
No abstract provided.
Supervisory Sexual Harassment And Employer Liability: The Third Circuit Sheds Light On Vicarious Liability And Affirmative Defenses, David F. Mccann
Supervisory Sexual Harassment And Employer Liability: The Third Circuit Sheds Light On Vicarious Liability And Affirmative Defenses, David F. Mccann
Villanova Law Review
No abstract provided.
En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey M. Monks
En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey M. Monks
Articles
No abstract provided.
Kimel V. Florida Bd. Of Regents, 120 S. Ct. 631(2000), Tanya Smith
Kimel V. Florida Bd. Of Regents, 120 S. Ct. 631(2000), Tanya Smith
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel
Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel
Articles by Maurer Faculty
No abstract provided.
¡Viva La Evolución!: Recognizing Unconscious Motive In Title Vii, Ann C. Mcginley
¡Viva La Evolución!: Recognizing Unconscious Motive In Title Vii, Ann C. Mcginley
Scholarly Works
This article analyzes the different proof mechanisms developed under Title VII discriminatory treatment doctrine, demonstrating their ability to identify unconscious, as well as conscious, discriminatory behavior. It demonstrates that soon after its enactment Title VII began to evolve, expanding its reach to unconscious discrimination. Although in many instances courts were unaware of this expansion, courts appear to have followed their intuition to further the broad remedial and preventive purposes of the statute. In response to the evolution and to the courts' failure to articulate a justification for their decisions, a counter-evolution is currently occurring, with many courts attempting rigidly to …
Anjelino V. New York Times Co.: Granting Men Standing To Fight Against Injuries Received As A Result Of Sexual Discrimination Towards Female Co-Workers, Christine Coyne
Anjelino V. New York Times Co.: Granting Men Standing To Fight Against Injuries Received As A Result Of Sexual Discrimination Towards Female Co-Workers, Christine Coyne
Villanova Law Review
No abstract provided.
Avoiding The Trap Of Res Judicata: A Practitioner's Guide To Litigating Multiple Employment Discrimination Claims In The Third Circuit, Victoria L. Hooper
Avoiding The Trap Of Res Judicata: A Practitioner's Guide To Litigating Multiple Employment Discrimination Claims In The Third Circuit, Victoria L. Hooper
Villanova Law Review
No abstract provided.
Labor Law And Industrial Peace: A Comparative Analysis Of The United States, The United Kingdom, Germany, And Japan Under The Bargaining Model, Kenneth G. Dau-Schmidt
Labor Law And Industrial Peace: A Comparative Analysis Of The United States, The United Kingdom, Germany, And Japan Under The Bargaining Model, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
In this Article, Professor Dau-Schmidt provides a comparative analysis of the labor laws of the United States, the United Kingdom, Germany, and Japan for the purposes of identifying which characteristics of a country's labor laws are likely to reduce strike incidence and intensity and promote industrial peace. To identify which characteristics of a country's law are likely to encourage industrial peace, Professor Dau-Schmidt presents game theory arguments based on his analysis of unions and collective bargaining. Dau-Schmidt then provides a simple empirical test as to the relative success of different countries' laws in advancing industrial peace by comparing data on …
Sexual Harassment And Racial Disparity: The Mutual Construction Of Gender And Race, Tanya K. Hernandez
Sexual Harassment And Racial Disparity: The Mutual Construction Of Gender And Race, Tanya K. Hernandez
Faculty Scholarship
For a number of years, commentators have proffered anecdotal evidence to suggest that women of color figure prominently as sexual harassment plaintiffs. Until recently, a systematic statistical analysis of women's experiences of sexual harassment by race was largely unavailable. For the first time, this Article comprehensively analyzes Equal Employment Opportunity Commission (EEOC) sexual harassment charge statistics, by looking at data from the last seven years along with Lexis-Nexis and Westlaw electronic reports of sexual harassment complaints for the last twenty years. What immediately becomes apparent in this statistical analysis of sexual harassment charges in the United States is the overrepresentation …
The Changing Complexion Of Workplace Law: Labor And Employment Decisions Of The Supreme Court's 1999-2000 Term , James J. Brudney
The Changing Complexion Of Workplace Law: Labor And Employment Decisions Of The Supreme Court's 1999-2000 Term , James J. Brudney
Faculty Scholarship
At the dawn of a new century of Supreme Court workplace law, it seems especially appropriate to offer some perspective on the recent and relatively recent past. Before addressing the seven cases involving labor and employment issues decided by the Supreme Court in the Term just ended, I want briefly to describe (in what I hope are not mechanical terms) how the Court's interests in labor and employment law have evolved from the start of the Burger Era in 1969 to the current, mature stage of the Rehnquist Court.
Contract Reading' In Labor Arbitration, Theodore J. St. Antoine
Contract Reading' In Labor Arbitration, Theodore J. St. Antoine
Articles
A quarter century ago, I used the phrase "contract reader" to characterize the role an arbitrator plays in construing a collective bargaining agreement. This phrase has almost invariable been misunderstood to refer to reading or interpreting the contract. When I spoke of the "contract reader," it was in the context of judicial review of an award. My point was this: When a court has before it an arbitrator's award applying a collective bargaining agreement, it is as if the employer and the union had signed a stipulation stating: "What the arbitrator says this contract means is exactly what we meant …
Employment Discrimination In Higher Education, Oren R. Griffin, Thomas P. Hustoles
Employment Discrimination In Higher Education, Oren R. Griffin, Thomas P. Hustoles
Articles, Chapters in Books and Other Contributions to Scholarly Works
During 1999, the most significant development in employment discrimination law involving colleges and universities, by a large margin, was a series of cases affirming that Eleventh Amendment immunity from private money damage claims brought pursuant to various federal employment discrimination statutes applied to state colleges and universities. This development eventually culminated in the Supreme Court's year 2000 decision in Kimel v. Florida Board of Regents.' Numerous other interesting decisions were rendered that, although not creating any bold new law, either affirmed trends in past cases, or illustrated important practical implications for generally predicting judicial outcomes given certain fact patterns. After …
Employment Discrimination, Stewart J. Schwab
Employment Discrimination, Stewart J. Schwab
Cornell Law Faculty Publications
This article first parses the multiple overlapping definitions of discrimination, including distinctions between group and individual discrimination and between segregation and discrimination in pay. The article then summarizes the major economic models of discrimination, particularly Becker’s taste-for-discrimination model and statistical-discrimination models, as well as sorting the status-production models. The discussion focuses on the conditions under which markets will tend to eliminate discrimination, noting that this occurs in a more limited range of situations than commonly recognized. The article next surveys the economic role of anti-discrimination laws, evaluating arguments that the law speeds the journey to a non-discriminatory equilibrium and that …
Arbitration And Judicial Review, Theodore J. St. Antoine
Arbitration And Judicial Review, Theodore J. St. Antoine
Other Publications
A quarter century ago, in a presentation at the Academy's annual meeting, I used the phrase "contract reader" to characterize the role an arbitrator plays in construing a collective bargaining agreement. That two-word phrase may be the only thing I ever said before this body that has been remembered. Unfortunately, it is almost invariably misunderstood. Time and again members have reproached me: "What's the big deal about contract reading, anyway? Isn't it just the same as contract interpretation?" Or, more substantively scathing: "Do you really think, Ted, that all you have to do to interpret a labor agreement is to …
Taking Stock: New Views Of American Labor Law Between The World Wars, Daniel R. Ernst
Taking Stock: New Views Of American Labor Law Between The World Wars, Daniel R. Ernst
Georgetown Law Faculty Publications and Other Works
This symposium originated in a session at the annual meeting of the American Society for Legal History held in Seattle in October 1998. Entitled "Labor, Law, and the State in the Interwar Period," the panel provided four different views of a decisive period in the development of labor law in the United States. In the 1980s the panel's chair, Katherine Van Wezel Stone, and commentator, Christopher L. Tomlins, published works that helped spark a modern revival in the historical study of U.S. labor law. The authors of the four papers presented at the session were more recent entrants into the …
Recent Supreme Court Employment Law Developments, Olatunde C.A. Johnson, Douglas D. Scherer
Recent Supreme Court Employment Law Developments, Olatunde C.A. Johnson, Douglas D. Scherer
Faculty Scholarship
This article discusses recent employment law developments at the United States Supreme Court. Employment law cases took center stage during the October 1997 and 1998 Terms of the Supreme Court and important employment law cases were pending, or have been decided, during the October 1999 Term. This article briefly surveys the Court's employment law cases during the October 1997 Term, focusing more extensively on the Court's employment law cases during the October 1998 Term, and then discusses two very important employment law cases before the Court during the October 1999 Term, involving the constitutionality of the Age Discrimination in Employment …
Ratcheting Labor Standards: Regulation For Continuous Improvement In The Global Workplace, Charles F. Sabel, Dara O'Rourke, Archon Fung
Ratcheting Labor Standards: Regulation For Continuous Improvement In The Global Workplace, Charles F. Sabel, Dara O'Rourke, Archon Fung
Faculty Scholarship
It is a brute fact of contemporary globalization – unmistakable as activists and journalists catalog scandal after scandal – that the very transformations making possible higher quality, cheaper products often lead to unacceptable conditions of work: brutal use of child labor, dangerous environments, punishingly long days, starvation wages, discrimination, suppression of expression and association. In all quarters, the question is not whether to address these conditions, but how.
That question, however, admits no easy answers. Globalization itself has freed capital from many of its former constraints – national workplace standards, collective bargaining, and supervisory state agencies and courts – designed …
Managed Care Issues, Chapter 14, § Viii (2008 Annual Update), Donald Bogan
Managed Care Issues, Chapter 14, § Viii (2008 Annual Update), Donald Bogan
Donald T. Bogan
No abstract provided.
Managed Care Issues, Chapter 14, § Viii (2009 Annual Update), Donald Bogan
Managed Care Issues, Chapter 14, § Viii (2009 Annual Update), Donald Bogan
Donald T. Bogan
No abstract provided.
A Logit Model To Predict The Enforceability Of Non Compete Agreements, Helen Lavan
A Logit Model To Predict The Enforceability Of Non Compete Agreements, Helen Lavan
Helen LaVan
No abstract provided.
Open Heart Surgery: Reform Of Labour Mediation Regime In Sweden, Reinhold Fahlbeck
Open Heart Surgery: Reform Of Labour Mediation Regime In Sweden, Reinhold Fahlbeck
Reinhold Fahlbeck
No abstract provided.
Conditioning Expectations: The Protection Of The Employment Bond In German And American Law, Thomas Kohler, Michael Kittner
Conditioning Expectations: The Protection Of The Employment Bond In German And American Law, Thomas Kohler, Michael Kittner
Thomas C. Kohler
According to many observers, one of the critical factors accounting for the unprecedented economic growth that the United States enjoyed during the past decade is a regulatory regime that places few restrictions on an employer's ability to shed unwanted employees. Similarly, the slower economic growth that Germany and Europe experienced during this period often is attributed to elaborate employment protection schemes that restrict the ability of employers to discharge undesired workers. These protections are blamed for making countries like Germany less attractive places for foreign investment. This piece examines in comparative perspective the restrictions the American and German regulatory schemes …
The Integrity Of Unrestricted Desire: Community, Values, And The Problem Of Personhood, Thomas Kohler
The Integrity Of Unrestricted Desire: Community, Values, And The Problem Of Personhood, Thomas Kohler
Thomas C. Kohler
No abstract provided.
Kyrkans Sociallära - En Lära För Vår Tid? [Social Teaching Of The Catholic Church – A Teaching For Our Time?], Reinhold Fahlbeck
Kyrkans Sociallära - En Lära För Vår Tid? [Social Teaching Of The Catholic Church – A Teaching For Our Time?], Reinhold Fahlbeck
Reinhold Fahlbeck
No abstract provided.
Managed Care Issues, Chapter 14, § Viii (2011 Annual Update), Donald Bogan
Managed Care Issues, Chapter 14, § Viii (2011 Annual Update), Donald Bogan
Donald T. Bogan
No abstract provided.
Sweden. National Monograph, Reinhold Fahlbeck
Employee Loyalty In Sweden, Reinhold Fahlbeck