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Full-Text Articles in Law

A Dilemma Of Doctrinal Design: Rights, Identity And The Work-Family Conflict, Lauren Sudeall Apr 2013

A Dilemma Of Doctrinal Design: Rights, Identity And The Work-Family Conflict, Lauren Sudeall

Vanderbilt Law School Faculty Publications

This symposium article suggests that with regard to the work-family conflict, we may have exhausted doctrine’s potential in setting a constitutional foundation for women to be treated as equals in the workplace and requiring that they not be discriminated against in the event that they decide to start a family. For purposes of this piece, those accomplishments constitute the first phase or “first generation” of progress. This article is concerned with how doctrine relates to “second generation” issues arising from the work-family conflict: how to balance work and family once some initial level of equality has been achieved; how to …


The Point Of A Points System: Attracting Highly Skilled Immigrants The United States Needs And Ensuring Their Success, Carla Tabag Jan 2013

The Point Of A Points System: Attracting Highly Skilled Immigrants The United States Needs And Ensuring Their Success, Carla Tabag

Vanderbilt Journal of Transnational Law

In a globalizing world, labor is an increasingly mobile and competitive resource. Responding to this changing labor market, countries like Canada, the United Kingdom, and Australia have adopted points systems with the goal of attracting talented, highly skilled immigrants. In the United States, however, much of the national focus on immigration remains on deterring illegal immigration rather than attracting immigrants that the United States needs to remain competitive in a globalized world. But attracting skilled immigrants is only one ingredient to a successful points system; a country must also ensure those immigrants are successful and use their talents to the …


He Said, She Said, Let's Hear What The Data Say: Sexual Harassment In The Media, Courts, Eeoc, And Social Science, Joni Hersch, Beverly Moran Jan 2013

He Said, She Said, Let's Hear What The Data Say: Sexual Harassment In The Media, Courts, Eeoc, And Social Science, Joni Hersch, Beverly Moran

Vanderbilt Law School Faculty Publications

We examine whether two national newspapers (The New York Times and The Wall Street Journal) provide a realistic representation of sexual harassment in the workplace by comparing media coverage to empirical evidence on sexual harassment drawn from three distinct sources: reports of workplace sexual harassment that emerge from employee self-reporting through a sexual harassment survey of government employees, charges of sexual harassment gathered through Equal Employment Opportunity Commission charge data, and federal district court complaints recorded by the Public Access to Court Electronic Records system. Whether intentional or inadvertent, the national media influences attitudes and subsequent behavior. We find that …


Decertifying Players Unions: Lessons From The Nfl And Nba Lockouts Of 2011, Nathaniel Grow Jan 2013

Decertifying Players Unions: Lessons From The Nfl And Nba Lockouts Of 2011, Nathaniel Grow

Vanderbilt Journal of Entertainment & Technology Law

This Article analyzes the National Football League (NFL) and National Basketball Association (NBA) lockouts of 2011, focusing in particular on the role union dissolution played in each work stoppage. Although the existing academic literature had generally concluded that players unions in the four major US professional sports leagues were unlikely to disband during a labor dispute, the unions in both the NFL and NBA elected to dissolve in response to lockouts by ownership. This Article provides an explanation for why the prior literature misjudged the role that union dissolution would play during the 2011 work stoppages. It argues that previous …