Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
- File Type
Articles 1 - 15 of 15
Full-Text Articles in Law
Toward A Foundational Theory Of Workers' Rights: The Autonomous Dignified Worker, Anne M. Lofaso
Toward A Foundational Theory Of Workers' Rights: The Autonomous Dignified Worker, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Discrimination At Will: Job Security Protections And Equal Employment Opportunity In Conflict, Julie C. Suk
Discrimination At Will: Job Security Protections And Equal Employment Opportunity In Conflict, Julie C. Suk
ExpressO
The conventional wisdom amongst scholars and advocates of employment discrimination law is that the success of Title VII is significantly hampered by the enduring doctrine of employment at will. As long as employers have broad discretion to fire employees for any reason, no reason, or a bad reason, employers can easily get away with terminating or refusing to promote racial minorities and women as long as some credible nondiscriminatory reason, such as personal animosity, can be presented. This account feeds the widely accepted view that employment at will and the goals of Title VII, namely equal employment opportunity, are at …
Unfulfilled Expectations: An Empirical Analysis Of Why Sarbanes-Oxley Whistleblowers Rarely Win, Richard E. Moberly
Unfulfilled Expectations: An Empirical Analysis Of Why Sarbanes-Oxley Whistleblowers Rarely Win, Richard E. Moberly
ExpressO
Scholars praise the whistleblower protections of the Sarbanes-Oxley Act of 2002 as one of the most protective anti-retaliation provisions in the world. Yet, during its first three years, only 3.6% of Sarbanes-Oxley whistleblowers won relief through the initial administrative process that adjudicates such claims, and only 6.5% of whistleblowers won appeals through the process. This Article reports the results of an empirical study of all Department of Labor Sarbanes-Oxley determinations during this time, consisting of over 700 separate decisions from administrative investigations and hearings. The results of this detailed analysis demonstrate that administrative decision-makers strictly construed, and in some cases …
The Solomon Amendment, Expressive Associations, And Public Employment, Paul Secunda
The Solomon Amendment, Expressive Associations, And Public Employment, Paul Secunda
ExpressO
Rumsfeld v. FAIR apparently concedes that public employers, in the guise of public law school members of the FAIR association, have expressive association rights. This state of affairs could now mean that public employers could gain constitutional rights at the expense of pubic employees. Thus, to the extent that public employers are considered expressive associations, public employees may see their free speech and other constitutional rights diminished (even more so than they recently have been by the Garcetti v. Ceballos decision).
Thankfully, I cannot imagine that the Court, if faced with the question directly, would find that public employers have …
The New Direct Proximate Cause: How The U.S. Supreme Court Has Attempted To Limit Civil Rico In A Manner Congress Aimed To Protect, Gregory M. Zarin
The New Direct Proximate Cause: How The U.S. Supreme Court Has Attempted To Limit Civil Rico In A Manner Congress Aimed To Protect, Gregory M. Zarin
ExpressO
This comment explores a heavily litigated issue since civil RICO's enactment - its unclear statutory scope and private party standing. To illustrate this issue, this comment explores recent RICO litigation related to the unlawful hiring of undocumented workers as an example of a Congressionally supported application of civil RICO, but in a manner wholly unrelated to organized crime or the mafia. While the Supreme Court has continued to limit civil RICO's outer boundaries, Congress seems to go the complete opposite direction by expanding the statute.
Myspace Isn't Your Space, Donald Carrington Davis
Myspace Isn't Your Space, Donald Carrington Davis
ExpressO
The advent and popularity of online social networking has changed the way Americans socialize. Employers have begun to tap into these online communities as a simple and inexpensive way to perform background checks on candidates. However, a number of problems arise and may arise when employers base adverse employment decisions on the results of these online searches. Three basic problems or issues accompany searches of online profiles for employment decisions: inaccurate, irrelevant, or false information leads to unfair employment decisions; lack of accountability and disclosure tempts employers to make illegal employment decisions; and employer searches of an employee’s online social …
Derecho Laboral Y Organización Sindical En Puerto Rico, César F. Rosado Marzán
Derecho Laboral Y Organización Sindical En Puerto Rico, César F. Rosado Marzán
All Faculty Scholarship
No abstract provided.
Derechos Mancos Para Manos Obreras: Cómo El Derecho Laboral Y La Economía Impactan La Organización Sindical En Puerto Rico, César F. Rosado Marzán
Derechos Mancos Para Manos Obreras: Cómo El Derecho Laboral Y La Economía Impactan La Organización Sindical En Puerto Rico, César F. Rosado Marzán
All Faculty Scholarship
No abstract provided.
Solidarity Or Colonialism? The Polemic Of "Labor Colonialism", César F. Rosado Marzán
Solidarity Or Colonialism? The Polemic Of "Labor Colonialism", César F. Rosado Marzán
All Faculty Scholarship
No abstract provided.
Labor Unions: A Corporatist Institution In A Competitive World, Michael L. Wachter
Labor Unions: A Corporatist Institution In A Competitive World, Michael L. Wachter
All Faculty Scholarship
Union membership, as a percentage of the private sector workforce, has been in decline for 50 years. I argue that the cause of this unrelenting decline is a single, fundamental factor – the change in the United States economy from a corporatist-regulated economy to one based on free competition. Most labor commentators have explained the decline by a confluence of unrelated economic and legal forces. Labor economists typically stress economic explanations, which vary from compositional shifts in the job structure to increased competition both domestically and internationally. On the other hand, labor law commentators naturally focus on labor law explanations, …
China Labor Contract Law And The Liberalization Of Global Markets: Will Employee Rights Equate To Employer Nightmares?, Sharon Breckenridge Thomas
China Labor Contract Law And The Liberalization Of Global Markets: Will Employee Rights Equate To Employer Nightmares?, Sharon Breckenridge Thomas
S. Breckenridge Thomas
No abstract provided.
Decentralizing Industrial Relations: The American Situation And Its Significance In Comparative Perspective, Thomas Kohler
Decentralizing Industrial Relations: The American Situation And Its Significance In Comparative Perspective, Thomas Kohler
Thomas C. Kohler
No abstract provided.
Body And Soul, Thomas Kohler
Labor Law: 'Making Life More Human' - Work And The Social Question, Thomas Kohler
Labor Law: 'Making Life More Human' - Work And The Social Question, Thomas Kohler
Thomas C. Kohler
No abstract provided.
From Taylorism To The Omnipticon: Expanding Employee Surveillance Beyond The Workplace, Robert Sprague
From Taylorism To The Omnipticon: Expanding Employee Surveillance Beyond The Workplace, Robert Sprague
Robert Sprague
No abstract provided.