Law Commons^™

Reconsidering Legal Regulation Of Race, Sex, And Sexual Orientation, Ann C. Mcginley

Scholarly Works

No abstract provided.

Debunking Unequal Burdens, Trivial Violations, Harmless Stereotypes, And Similar Judicial Myths: The Convergence Of Title Vii Literalism, Congressional Intent, And Kantian Dignity Theory, Peter Brandon Bayer

Scholarly Works

Title VII prohibits employers from imposing their racial, sex-based, ethnic, or religiously inspired grooming and appearance standards, even if, in light of widely accepted social conventions, the vast majority would feel exceptionally uncomfortable in the presence of employees who refuse to comport with their employers' discriminatory rules. Indeed, nearly four decades ago, with correct simplicity and directness the Supreme Court recognized Title VII's first principle: "Congress intended to prohibit all practices in whatever form which create inequality in employment opportunity due to discrimination on the basis of race, religion, sex, or national origin." Therefore, contrary to the harsh dismay expressed …

Stabilizing Low-Wage Work: Legal Remedies For Unpredictable Work Hours & Income Stability, Charlotte Alexander, Anna Haley-Lock, Nantiya Ruan

Scholarly Works

Low-wage, hourly-paid service workers are increasingly subject to employers' "just-in-time" scheduling practices. In a just-in-time model, employers give workers little advance notice of their schedules, call workers in to work during non-scheduled times to meet unexpected customer demand, and send workers home early when business is slow. The federal Fair Labor Standards Act, the main guarantor of workers' wage and hour rights, provides no remedy for the unpredictable work hours and income instability caused by employers' last minute call-in and send-home practices. This Article examines two alternative sources of legal protection that have received little attention in the literature on …

Disarming Employees: How American Employers Are Using Mandatory Arbitration To Deprive Workers Of Legal Protection, Jean R. Sternlight

Scholarly Works

Employers’ imposition of mandatory arbitration constricts employees’ access to justice. The twenty percent of the American workforce covered by mandatory arbitration clauses file just 2,000 arbitration claims annually, a minuscule number even compared to the small number of employees who litigate claims individually or as part of a class action. Exploring how mandatory arbitration prevents employees from enforcing their rights the Article shows employees covered by mandatory arbitration clauses (1) win far less frequently and far less money than employees who litigate; (2) have a harder time obtaining legal representation; (3) are often precluded from participating in class, collective or …

Cyberharassment And Workplace Law, Helen Norton

Publications

No abstract provided.

On Not 'Having It Both Ways' And Still Losing: Reflections On Fifty Years Of Pregnancy Litigation Under Title Vii, Deborah L. Brake

Articles

This article, published in the B.U. Law Review Symposium issue, “The Civil Rights Act of 1964 at 50: Past, Present and Future,” reflects on the past fifty years of conflict and struggle over how to treat pregnancy discrimination under Title VII. Pregnancy has played a pivotal role in debates among feminist legal scholars and women’s rights advocates about the limitations of both the equal treatment and special treatment anti-discrimination frameworks. The article’s title references the much-discussed Wendy W. Williams cautionary note that if we cannot have it “both ways” we need to decide which way we want to have it …

There’S No Place Like Work: How Modern Technology Is Changing The Judiciary’S Approach To Work-At-Home Arrangements, As An Ada Accommodation,, Benjamin D. Johnson

Law Student Publications

This comment addresses the extent to which the evolving definition of the "workplace" has upset the courts' traditional approach to teleworking as a reasonable accommodation for disabled employees under the ADA and ultimately necessitated changes in the reasonable accommodation framework.

Mandatory Disclosure And Individual Investors: Evidence From The Jobs Act, Colleen Honisberg, Robert J. Jackson Jr., Yu-Ting Forester Wong

Faculty Scholarship

One prominent justification for the mandatory disclosure rules that define modem securities law is that these rules encourage individual investors to participate in stock markets. Mandatory disclosure, the theory goes, gives individual investors access to information that puts them on a more equal playing field with sophisticated institutional shareholders. Although this reasoning has long been cited by regulators and commentators as a basis for mandating disclosure, recent work has questioned its validity. In particular, recent studies contend that individual investors are overwhelmed by the amount of information required to be disclosed under current law, and thus they cannot and do …

Where Trade And Industrial Policy Converge: How Developing Countries Can Utilize Trade Preferences To Generate Sustainable, Local Growth In The Garment Sector, Collette Van Der Ven

The International Lawyer

The rise of the textile and apparel global value chains and trade preferences has created unprecedented opportunities for developing countries to participate in trade in textiles and apparel. Yet, while some countries have managed to build backward linkages and engage in industrial upgrading, others remain locked in the lower echelons of the textile and apparel value chai

This Article demonstrates that trade preferences and rules of origin alone do not explain countries' diverging experiences in the apparel value chain. Rather, a country's industrial policy is crucial in determining sustainable growth: is it solely export-oriented, or does it balance promoting growth …

Labour Law In A Greying Labour Market - In Need Of A Reconceptualisation Of Work And Pension Norms?, Ann Numhauser-Henning

Ann Numhauser-Henning

No abstract provided.

Disqualifiying Universality Under The Americans With Disabilities Act Amendments Act, Michelle Travis

Michelle A. Travis

This Article reveals a new resistance strategy to disability rights in the workplace. The initial backlash against the Americans with Disabilities Act of 1990 (ADA) targeted protected class status by characterizing the ADA's accommodation mandate as special treatment that benefitted the disabled at the expense of the nondisabled workforce. As a result, federal courts treated the ADA as a welfare statute rather than a civil rights law, which resulted in the Supreme Court dramatically narrowing the definition of disability. Congress responded with sweeping amendments in 2008 to expand the class of individuals with disabilities who are entitled to accommodations and …

Age Discrimination And Labour Law. Comparative And Conceptual Perspectives In The Eu And Beyond, Ann Numhauser-Henning, Mia Rönnmar

Ann Numhauser-Henning

No abstract provided.

Work, Study, Organize!: Why The Northwestern University Football Players Are Employees Under The National Labor Relations Act (With Alex Tilletts-Saks), César Rosado Marzán

César F. Rosado Marzán

No abstract provided.

Labour Law, Pension Norms And The Eu Ban On Age Discrimination: Towards Ultimate Flexibilisation?, Ann Numhauser-Henning

Ann Numhauser-Henning

No abstract provided.

Age Discrimination And Labour Law In Latin America: The Challenges Of Equality Law In Light Of Underdevelopment (With Sergio Gamonal Contreras), César Rosado Marzán

César F. Rosado Marzán

No abstract provided.

Ncaa Athletes, Unpaid Interns And The S-Word: Exploring The Rhetorical Impact Of The Language Of Slavery, Maria Ontiveros

Maria L. Ontiveros

Worker (Mis)Classification In The Sharing Economy: Trying To Fit Square Pegs Into Round Holes, Robert Sprague

Robert Sprague

The Neglected Tort — Breach Of Statutory Duty And Workplace Injuries Under The Model Work Health And Safety Law, Neil J. Foster, Ann E. Apps

Neil J Foster

The tort of ‘breach of statutory duty’ (BSD) operates at the intersection of private and public law by providing a civil remedy for those whose injuries were sustained as a consequence of a statutory breach. One of the areas where the tort has clear relevance is the area of work health and safety, with the courts almost invariably holding that the breach of a statute primarily designed to protect workers from injury will provide them with a civil remedy as well as having criminal law consequences. The tort continues to be recognised in this area at the highest judicial level …

تطــور المنظــور القانونــي للعمــل مــن السلعــة إلــى القيمــة: دراســة في المفاهيــم الاقتصاديــة و السياسيــة و الاتفاقــات الدوليــة المتعلقة بقيمــة العمــل و أثرهــا في التشريــع الكويتـي الوطنــي - قانون العمل رقم 6 لسنة 2010, Mashael Alhajeri

Mashael Alhajeri

The Genesis of the Legal Perception to Labour Law: From Commodity to Value

A Study in the Economic and Political Conceptions and the International Conventions Related to Labour Value and their Impact to the National Kuwaiti Legislation (Labour Law No. 6/2010)

Alhajeri, Mashael A. Kuwait Unversity mashael.alhajeri@ku.edu.kw

The protective stance of contemporary labour law is based on a bipartite legislative position, where two perspectives to labour compete; a ‘commodity’ perspective that regards labour as a mere factor (input) of production, and a ‘value’ perspective that elevates is to an honorary, morally-charged rank.

This bilateral view to labour casts its shadow …

The Nba And The Great Recession: Implications For The Upcoming Collective Bargaining Agreement Renegotiation, Matthew J. Parlow

Matthew Parlow