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Full-Text Articles in Law

Underclaiming And Overclaiming, Sachin Pandya, Peter Siegelman Mar 2014

Underclaiming And Overclaiming, Sachin Pandya, Peter Siegelman

Peter Siegelman

Arguments that we have too much litigation (overclaiming) or too little (underclaiming) cannot be valid without estimating how many of the undecided claims that are brought (actual claims) or not brought (potential claims) have or lack legal merit. We identify the basic conceptual structure of such underclaiming and overclaiming arguments, which entails inferences about the distribution of actual or potential claims by their probability of success on the merits within a claims-processing institution. We then survey the available methods for estimating claim merit.


Awaking Rip Van Winkle: Has The National Labor Relations Act Reached A Turning Point?, William Corbett Dec 2013

Awaking Rip Van Winkle: Has The National Labor Relations Act Reached A Turning Point?, William Corbett

William R. Corbett

No abstract provided.


A Case Of Statutory Interpretation: Does 42 U.S.C. 1981 Prohibit Retaliation, Barbara J. Fick Dec 2013

A Case Of Statutory Interpretation: Does 42 U.S.C. 1981 Prohibit Retaliation, Barbara J. Fick

Barbara J. Fick

This article discusses the case CBOCS West, Inc. v. Humphries, 553 U.S. 442 (2008). That case presented two questions: (1) Can an employee bring a claim under 42 U.8.C. § 1981 if he is terminated from employment because he has complained about racial discrimination at work?; and (2) Can the language of the statute be interpreted to include retaliation claims? Professor Fick argues that the this case is of great concern to employers whose liability for retaliation will be greatly expanded if the statute is interpreted to include retaliation claims and also that the case may be important from a …


Title Vii: When Is A Pretext Not A Pretext? An Analysis Of Westinghouse Electric Corp. V. Vaughn, Barbara J. Fick Dec 2013

Title Vii: When Is A Pretext Not A Pretext? An Analysis Of Westinghouse Electric Corp. V. Vaughn, Barbara J. Fick

Barbara J. Fick

This article previews the Supreme Court case Westinghouse Electric Corp. v. Vaughn, 466 U.S. 521 (1984). The author expected the Court to clarify the evidentiary requirements and burdens of plaintiffs and defendants in litigating a disparate treatment claim under Title VII of the Civil Rights Act of 1964.


Do You Know Your Basic Employee Rights?, Denver Burke Dec 2013

Do You Know Your Basic Employee Rights?, Denver Burke

Denver Burke

The law has changed, favouring employer's while undertaking human resource changes. This post informs you of the basics, helping you to react effectively.


Shelter From The Storm: Rekindling Research On Collective Bargaining And Representation Issues, William A. Herbert Nov 2013

Shelter From The Storm: Rekindling Research On Collective Bargaining And Representation Issues, William A. Herbert

William A. Herbert

The National Center for the Study of Collective Bargaining in Higher Education and the Professions (National Center) is a four-decade old institution that is supported by and located at Hunter College, City University of New York. The National Center was founded in the wake of the granting of collective bargaining rights by various states and localities to public employees including higher education faculty members and shortly after the National Labor Relations Board (NLRB) asserted jurisdiction over private institutions of higher education. Consistent with its mission, the National Center intends to be an engine for rekindling, incubating and promoting research and …


Workmen's Compensation For Maritime Employees: Obscurity In The Twilight Zone, Robert E. Rodes Nov 2013

Workmen's Compensation For Maritime Employees: Obscurity In The Twilight Zone, Robert E. Rodes

Robert Rodes

No abstract provided.


Workmen's Compensation (Survey Of The Law Of New Jersey, 1955-56), Robert Rodes Nov 2013

Workmen's Compensation (Survey Of The Law Of New Jersey, 1955-56), Robert Rodes

Robert Rodes

No abstract provided.


Employment Discrimination: Recent Developments In The Supreme Court (Symposium: The Supreme Court And Local Government Law: The 1992-93 Term), Eileen Kaufman Nov 2013

Employment Discrimination: Recent Developments In The Supreme Court (Symposium: The Supreme Court And Local Government Law: The 1992-93 Term), Eileen Kaufman

Eileen Kaufman

At a symposium entitled, “The Supreme Court and Local Government Law; The 1992/93 Term”, Professor Eileen Kaufman spoke about the cases involving employment discrimination that were decided during that particular Term, Hazen Paper Company v. Biggins and St. Mary's Honor Center v. Hicks. While Hazen is an age discrimination case and St. Mary's is a Title VII case, they can be viewed as companion cases which serve to explain what an employment discrimination plaintiff must now establish when attempting to prove disparate treatment by indirect evidence. By way of preview, suffice it to say that plaintiff's task has been made …


Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman Nov 2013

Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman

Eileen Kaufman

In the Supreme Court's 1997 Term, the Supreme Court had decided a record number of statutory discrimination cases. However, that record was exceeded in the Supreme Court's 1998 Term with the Court addressing issues arising under Title VII, which covers discrimination in employment; Title IX, which covers discrimination in schools; and most significantly, the Americans with Disabilities Act, which prohibits discrimination based on disability. Overall, the term scored significant victories for employers who were given considerable latitude to set their own physical characteristic standards and who were, to a large extent, immunized from liability for punitive damages. There was an …


Political Abuse Of Hiring Halls: Comparative Treatment Under The Nlra And The Lmrda, Barbara J. Fick Nov 2013

Political Abuse Of Hiring Halls: Comparative Treatment Under The Nlra And The Lmrda, Barbara J. Fick

Barbara J. Fick

Union hiring halls provide the essential service of referring qualified job applicants to immediate job opportunities in many industries. Unfortunately, opportunities sometimes exist for union leaders to abuse hiring hall mechanisms by manipulating applicant referrals to favor friends and disfavor political enemies. The author discusses hiring hall mechanisms and opportunities for their abuse as well as the prevailing legal theories under which abusive practices may be combatted. She first focuses on NLRA provisions which forbid union conduct causing a person to be discriminated against in employment. She then discusses LMRDA provisions protecting union members' internal union political conduct. She argues …


Labor Racketeering And Labor Law: State Regulation V. Federal Rights: An Analysis Of Brown V. Hotel And Restaurant Employees Union Local 54, Barbara J. Fick Nov 2013

Labor Racketeering And Labor Law: State Regulation V. Federal Rights: An Analysis Of Brown V. Hotel And Restaurant Employees Union Local 54, Barbara J. Fick

Barbara J. Fick

This article previews the Supreme Court case Brown v. Hotel and Restaurant Employees, 468 U.S. 491 (1984). The author expected the Court to decide which interest prevails where there is a conflict between New Jersey's regulation of labor unions in order to reduce the influence of organized crime in the labor sector and federally granted rights to organize and bargain collectively.


Survey Of Recent Developments In Indiana Law: Labor And Employment Law, Barbara J. Fick Nov 2013

Survey Of Recent Developments In Indiana Law: Labor And Employment Law, Barbara J. Fick

Barbara J. Fick

This article examines developments in labor and employment law occuring shortly before its publicaiton in 1992. The article discusses cases revisiting the Frampton rule, addressing employee defamation suits against employers, employment discrimination, issues arising in public sector employment, wage statutes, unemployment compensation, and workers' compensation. It also discusses a state statute prohibiting employment discrimination based on employees' off-duty use of tobacco.


Free Speech And Compulsory Union Fees: An Analysis Of Lehnert V. Ferris Faculty Association, Barbara J. Fick Nov 2013

Free Speech And Compulsory Union Fees: An Analysis Of Lehnert V. Ferris Faculty Association, Barbara J. Fick

Barbara J. Fick

This article previews the Supreme Court case Lehnert v. Ferris Faculty Ass'n, 500 U.S. 507 (1991). The author expected the case to address the line between those types of activities that effectuate a union's duties as collective bargaining representative, and thus can be charged to non-members, and those activities that are not related to collective bargaining and therefore are not chargeable to objecting non-members.


Does Title Vii Apply In Saudi Arabia? An Analysis Of Eeoc V. Arabian American Oil Co., Barbara J, Fick Nov 2013

Does Title Vii Apply In Saudi Arabia? An Analysis Of Eeoc V. Arabian American Oil Co., Barbara J, Fick

Barbara J. Fick

This article previews the Supreme Court case EEOC v. Arabian American Oil Co., 499 U.S. 244 (1991). The author expected the Court to decied whether Congress intended the mandates of Title VII of the Civil Rights Act of 1964 prohibiting employment discrimination to extend extraterritorially.


Does A Conspiracy To Terminate At-Will Employment Constitute An Injury To Property? An Analysis Of Haddle V. Garrison, Barbara J. Fick Nov 2013

Does A Conspiracy To Terminate At-Will Employment Constitute An Injury To Property? An Analysis Of Haddle V. Garrison, Barbara J. Fick

Barbara J. Fick

This article previews the Supreme Court case Haddle v. Garrison, 525 U.S. 121 (1998). The author expected the Court to determine whether the termination of an at-will employee can be compensible under 42 U.S.C. § 1985, one of the Reconstruction Era Civil Rights Act.


Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick Nov 2013

Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick

Barbara J. Fick

This article previews the Supreme Court case University of Pennsylvania v. EEOC, 493 U.S. 192 (1990). The author expected the Court to decide whether the EEOC may subpeopna peer review documents submitted to a university tenure committee when investigating charges that the committee engaged in impermissible discrimination when denying tenure to an associate professor.


How To Count To Fifteen: Determining The Jurisdictional Scope Of Title Vii: An Analysis Of Walters V. Metropolitan Educational Enterprises Inc., Barbara J. Fick Nov 2013

How To Count To Fifteen: Determining The Jurisdictional Scope Of Title Vii: An Analysis Of Walters V. Metropolitan Educational Enterprises Inc., Barbara J. Fick

Barbara J. Fick

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.


Can Mother Vote In The Union Election? The Board's Authority To Define The Appropriate Bargaining Unit: An Analysis Of Nlrb V. Action Automotive, Inc., Barbara J. Fick Nov 2013

Can Mother Vote In The Union Election? The Board's Authority To Define The Appropriate Bargaining Unit: An Analysis Of Nlrb V. Action Automotive, Inc., Barbara J. Fick

Barbara J. Fick

This article previews the Supreme Court case NLRB v. Action Automotive, Inc., 469 U.S. 490 (1985). The author expected the Court to address whether the NLRB can exclude from the bargaining unit an employee-relative of the owners/managers of a closely held corporation when that employee does not enjoy any special work benefits because of that relationship.


Pretext Or Pretext-Plus: What Must A Plaintiff Prove To Win A Title Vii Lawsuit? An Analysis Of St. Mary's Honor Center V. Hicks, Barbara J. Fick Nov 2013

Pretext Or Pretext-Plus: What Must A Plaintiff Prove To Win A Title Vii Lawsuit? An Analysis Of St. Mary's Honor Center V. Hicks, Barbara J. Fick

Barbara J. Fick

This article previews the Supreme Court case St. Mary's Honor Center v. Hicks, 509 U.S. 502 (1993). The author expected the Court to address whether, in the context of an employment discrimination case under Title VII of the Civil Rights Act of 1964, a plaintiff should prevail upon proof that the legitimate, non-discriminatory reasons advanced by the defendant as its motives for an adverse employment action are pretextural.


Mixed Up About Mixed Motive: What Will Trigger A "Mixed Motive" Analysis In Title Vii Cases? An Analysis Of Desert Palace, Inc. V. Costa, Barbara J. Fick Nov 2013

Mixed Up About Mixed Motive: What Will Trigger A "Mixed Motive" Analysis In Title Vii Cases? An Analysis Of Desert Palace, Inc. V. Costa, Barbara J. Fick

Barbara J. Fick

This article previews the Supreme Court case Desert Palace, Inc. v. Costa, 539 U.S. 90, 2003. The author expected the Court to clarify and define the circumstances in which it is appropriate to use the "mixed-motive model" to prove a violation of Title VII under the disparate treatment theory.


Musical Courts: Plaintiff Picks A Court But Can Defendant Trump The Choice? An Analysis Of Breuer V. Jim's Concrete Of Brevard, Inc., Barbara J. Fick Nov 2013

Musical Courts: Plaintiff Picks A Court But Can Defendant Trump The Choice? An Analysis Of Breuer V. Jim's Concrete Of Brevard, Inc., Barbara J. Fick

Barbara J. Fick

This article previews the Supreme Court case Brewer v. Jim's Concrete of Brevard, 538 U.S. 691 (2003). The author expected the Court to address the issue of whether the language of the Fair Labor Standards Act providing that "an action . . . may be maintained in any federal or state court" constitutes an express provision prohibiting removal to federal court when the plaintiff has chosen to maintain its lawsuit in state court.


Negotiation Theory And The Law Of Collective Bargaining, Barbara J. Fick Nov 2013

Negotiation Theory And The Law Of Collective Bargaining, Barbara J. Fick

Barbara J. Fick

This Article focuses on the procedural aspects developed under the National Labor Relations Act in defining the concept of collective bargaining and discusses their applicability to a general theory of negotiation.


Who's Responsible? Employer Liability For Supervisors' Hostile-Environment Sexual Harassment: An Analysis Of Faragher V. City Of Boca Raton, Barbara J. Fick Nov 2013

Who's Responsible? Employer Liability For Supervisors' Hostile-Environment Sexual Harassment: An Analysis Of Faragher V. City Of Boca Raton, Barbara J. Fick

Barbara J. Fick

This article previews the Supreme Court case Faragher v. City of Boca Raton, 524 U.S. 775 (1998). The author expected the Court to address the issue of under what circumstances an employer is liabile under title VII of the Civil Rights Act of 1964 for a supervisor's sexual harassement that creates a hostile work environment.


What Is An Employer's Liability For Constructive Discharge Under Title Vii? An Analysis Of Pennsylvania State Police V. Suders, Barbara J. Fick Nov 2013

What Is An Employer's Liability For Constructive Discharge Under Title Vii? An Analysis Of Pennsylvania State Police V. Suders, Barbara J. Fick

Barbara J. Fick

This article previews the Supreme Court case Pennsylvania State Police v. Suders, 542 U.S. 129 (2004). In this case involving Title VII, the author expected the Court to analyze whether whether a constructive discharge caused by supervisory harassment is a tangible employment action for purposes of imposing striet liability.


With All Due Deference: What Constitutes The Exercise Of "Independent Judgment" In The Workplace? An Analysis Of Nlrb V. Kentucky River Community Care, Barbara J. Fick Nov 2013

With All Due Deference: What Constitutes The Exercise Of "Independent Judgment" In The Workplace? An Analysis Of Nlrb V. Kentucky River Community Care, Barbara J. Fick

Barbara J. Fick

This article previews the Supreme Court case NLRB v. Kentucky River Community Care, Inc., 532 U.S. 706 (2001). The author expected the Court to examine two issues: (1) What is the appropriate interpretation of the statutory phrase "independent judgment" as used in § 2(11) of the National Labor Relations Act in defining which individuals are supervisors; and (2) Who has the burden of proving that an employee meets the definition of supervisor?


Reconciling The Nlra And Irca: Can An Undocumented Worker Receive Back Pay? An Analysis Of Hoffman Plastic Compound, Inc. V. Nlrb, Barbara J. Fick Nov 2013

Reconciling The Nlra And Irca: Can An Undocumented Worker Receive Back Pay? An Analysis Of Hoffman Plastic Compound, Inc. V. Nlrb, Barbara J. Fick

Barbara J. Fick

This article previews the Supreme Court case Hoffman Plastic Compound, Inc., v. NLRB, 535 U.S. 137 (2002). The author expected the Court to address in this case the apparent conflict between the National Labor Relations Act's goal of the prevention of unfair labor practices and the Immigration Reform and Control Act's denial of employment to undocumented aliens. This issue arose because of an award of back pay to an undocumented worker who was fired because of his union organizing activities.


Labor Law Preemption: Procedure And Substance: An Analysis Of International Longshoremen's Association V. Davis, Barbara J. Fick Nov 2013

Labor Law Preemption: Procedure And Substance: An Analysis Of International Longshoremen's Association V. Davis, Barbara J. Fick

Barbara J. Fick

This article previews the Supreme Court case Int'l Longshoremen's Ass'n v. Davis, 476 U.S. 380 (1986). The author expected the Court to address 2 issues: (1) at what point in a case must the issue of federal preemption be raised?; and (2) to what extent is state law preempted by federal labor law?


Do Agency Employees Have A Right To Union Representation When Questioned By An Oig Investigator? An Analysis Of Nasa V. Flra, Barbara J. Fick Nov 2013

Do Agency Employees Have A Right To Union Representation When Questioned By An Oig Investigator? An Analysis Of Nasa V. Flra, Barbara J. Fick

Barbara J. Fick

This article previews the Supreme Court case NASA v. Federal Labor Relations Authority, 527 U.S. 229 (1999). The author expected the case to raise the question of whether the Office of Inspector General within a federal agency is acting as a representative of the agency when it conducts investigatory interviews of agency employees, so as to trigger the employee's right to union representation.


Protecting Worker Complaints After Meyers Industries, Barbara Fick Nov 2013

Protecting Worker Complaints After Meyers Industries, Barbara Fick

Barbara J. Fick

This Article examines the effect of the Meyers Industries decision on the protection available to workers under the NLRA, and discusses other statutory and common-law remedies protecting workers now foreclosed from NLRA protection as a result of Meyers Industries.