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Articles 31 - 60 of 243
Full-Text Articles in Law
Salary History Should Be Her Story: Upholding Regulations Of Salary History Through A Commercial Speech Analysis, Elizabeth Lester-Abdalla
Salary History Should Be Her Story: Upholding Regulations Of Salary History Through A Commercial Speech Analysis, Elizabeth Lester-Abdalla
William & Mary Law Review
No abstract provided.
Pregnancy As A Normal Condition Of Employment: Comparative And Role-Based Accounts Of Discrimination, Reva B. Siegel
Pregnancy As A Normal Condition Of Employment: Comparative And Role-Based Accounts Of Discrimination, Reva B. Siegel
William & Mary Law Review
As the Pregnancy Discrimination Act of 1978 (PDA) turns forty, it is time to consider how we define pregnancy discrimination.
In recent years, courts have come to define pregnancy discrimination almost exclusively through comparison. Yet our understanding of discrimination, inside and outside the pregnancy context, depends on judgments about social roles as well as comparison. Both Congress and the Court appealed to social roles in defining the wrongs of pregnancy discrimination. In enacting the PDA, Congress repudiated employment practices premised on the view that motherhood is the end of women’s labor force participation, and affirmed a world in which women …
Motion To Dismiss For Failure To Succeed On The Merits: The Eeoc And Rule 12(B)(6), Perry F. Austin
Motion To Dismiss For Failure To Succeed On The Merits: The Eeoc And Rule 12(B)(6), Perry F. Austin
William & Mary Law Review
No abstract provided.
Bringing Up Baby Under The Fmla: How The Federal Unpaid Maternity Leave System In The United States Will Not Carry To Term, Samantha Jean Quan Forsyth
Bringing Up Baby Under The Fmla: How The Federal Unpaid Maternity Leave System In The United States Will Not Carry To Term, Samantha Jean Quan Forsyth
William & Mary Journal of Race, Gender, and Social Justice
This Note will examine current maternity leave laws both within the United States and internationally, and argues that there are major issues with the existing federal law in the United States that render such legislation ineffective. This Note will further argue that because paid maternity leave remains almost exclusively as a benefit employers can choose to provide, the federal government should not only adopt a paid maternity leave program, but also ensure that it is broader and more encompassing than current legislation.
A Return On Investment: How The Breastfeeding Promotion Act Can Change The Make-Up Of The Private Workforce, Krishna Jani
A Return On Investment: How The Breastfeeding Promotion Act Can Change The Make-Up Of The Private Workforce, Krishna Jani
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Data-Driven Discrimination At Work, Pauline T. Kim
Data-Driven Discrimination At Work, Pauline T. Kim
William & Mary Law Review
A data revolution is transforming the workplace. Employers are increasingly relying on algorithms to decide who gets interviewed, hired, or promoted. Although data algorithms can help to avoid biased human decision-making, they also risk introducing new sources of bias. Algorithms built on inaccurate, biased, or unrepresentative data can produce outcomes biased along lines of race, sex, or other protected characteristics. Data mining techniques may cause employment decisions to be based on correlations rather than causal relationships; they may obscure the basis on which employment decisions are made; and they may further exacerbate inequality because error detection is limited and feedback …
Bare Minimum: Stripping Pay For Independent Contractors In The Share Economy, Michael H. Leroy
Bare Minimum: Stripping Pay For Independent Contractors In The Share Economy, Michael H. Leroy
William & Mary Journal of Race, Gender, and Social Justice
My study explores a small but revealing corner of the share economy, where an individual’s private resources are bartered for limited use by others in exchange for compensation. Strip clubs create value for owners by commoditizing sexual labor. Clubs avoid employment in favor of independent contracting with dancers. They pay no wages or benefits; patrons pay dancers with fees and tips. But clubs extract entry fees from dancers who work; require them to rent dressing rooms and stage time; and compel them to share tips with DJs, emcees, house moms, bouncers, and bartenders. My research identified seventy-five federal and state …
Leave And Marriage: The Flawed Progress Of Paternity Leave In The U.S. Military, T. J. Keefe
Leave And Marriage: The Flawed Progress Of Paternity Leave In The U.S. Military, T. J. Keefe
William & Mary Law Review
No abstract provided.
Ptsd, Tbi, And Oth Discharges: A Case Study Of A Young Service Member, Patricia E. Roberts
Ptsd, Tbi, And Oth Discharges: A Case Study Of A Young Service Member, Patricia E. Roberts
Faculty Publications
No abstract provided.
Jack & Jill Take Lots Of Pills, But Jill Comes Tumbling After: Gender Inequality In Privately Funded Early Phase Clinical Trials, Shana F. Oppenheim
Jack & Jill Take Lots Of Pills, But Jill Comes Tumbling After: Gender Inequality In Privately Funded Early Phase Clinical Trials, Shana F. Oppenheim
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Madonnas And Whores In The Workplace, Jessica Fink
Madonnas And Whores In The Workplace, Jessica Fink
William & Mary Journal of Race, Gender, and Social Justice
Much has been written about “lookism”—the preferential treatment given to those who conform to societal standards of beauty. But in a recent case before the Iowa Supreme Court, a sex discrimination plaintiff alleged “reverse-lookism,” claiming that her male employer terminated her long-term employment because she was too physically attractive, thus tempting the employer to consider entering into an extramarital affair. To the great surprise of many who followed this case, the Iowa Supreme Court sided with the employer, declining to find him liable for sex discrimination. As one might expect, uproar ensued, with the media, the public, and the academic …
Vets Just Want Fair Benefits, Patricia E. Roberts
Section 1: Moot Court: Friedrichs V. California Teachers Association, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Moot Court: Friedrichs V. California Teachers Association, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Employment Discrimination Against Bisexuals: An Empirical Study, Ann E. Tweedy, Karen Yescavage
Employment Discrimination Against Bisexuals: An Empirical Study, Ann E. Tweedy, Karen Yescavage
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Cry Havoc: Are Incompetent Private Military Companies Ruining The Defense Base Act?, William Burke
Cry Havoc: Are Incompetent Private Military Companies Ruining The Defense Base Act?, William Burke
William & Mary Business Law Review
The Defense Base Act (“DBA” or “Act”) provides a no-fault, insurancebacked workers’ compensation mechanism for compensating private security contractors who are injured overseas. Critics of the Act allege that it should be fundamentally altered or replaced because combat zone work is uninsurable, the Act’s compensation is insufficient, and it is less efficient than the alternatives. This Note argues that, on the contrary, the DBA insurance market is functional and improving, its benefits are sufficient when viewed in combination with contractors’ other compensation, and it is a far more efficient compensation system than is offered by tort litigation. The flaws cited …
Dias V. Archdiocese Of Cincinnati: Deciphering The Ministerial Exception To Title Vii Post-Hosanna-Tabor, Caroline O. Dehaan
Dias V. Archdiocese Of Cincinnati: Deciphering The Ministerial Exception To Title Vii Post-Hosanna-Tabor, Caroline O. Dehaan
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Self-Perception Of Disability And Prospects For Employment Among U.S. Veterans, Christopher L. Griffin Jr., Michael Ashley Stein
Self-Perception Of Disability And Prospects For Employment Among U.S. Veterans, Christopher L. Griffin Jr., Michael Ashley Stein
Faculty Publications
No abstract provided.
The Unwelcome Requirement In Sexual Harassment: Choosing A Perspective And Incorporating The Effect Of Supervisor-Subordinate Relations, Larsa K. Ramsini
The Unwelcome Requirement In Sexual Harassment: Choosing A Perspective And Incorporating The Effect Of Supervisor-Subordinate Relations, Larsa K. Ramsini
William & Mary Law Review
No abstract provided.
Social Framework Studies Such As Women Don’T Ask And It Does Hurt To Ask Show Us The Next Step Toward Achieving Gender Equality—Eliminating The Long-Term Effects Of Implicit Bias—But Are Not Likely To Get Cases Past Summary Judgment, Andrea Doneff
William & Mary Journal of Race, Gender, and Social Justice
Lawyers and judges long have relied on outside evidence—usually studies or empirical research—to help them better understand the impact or meaning of the facts in certain cases. In employment cases, lawyers have used studies that show statistical variance in hiring or promotion between men and women to prove discrimination. They have used studies that talk about implicit bias, the kind of bias that we apply without even knowing we are biased, perhaps the kind of bias we apply even when we are doing our best not to be biased, to understand that comments like “You should go to charm school” …
Prostitutes, Orphans, And Entrepreneurs: The Effect Of Public Perceptions Of Ghana's Girl Child Kayayei On Public Policy, Sheryl Buske
Prostitutes, Orphans, And Entrepreneurs: The Effect Of Public Perceptions Of Ghana's Girl Child Kayayei On Public Policy, Sheryl Buske
William & Mary Journal of Race, Gender, and Social Justice
For a variety of reasons, including the growing disparity in resources and opportunities between Ghana’s mostly rural North and its urban South, the numbers and patterns of internal migration have changed dramatically over the last twenty years. Historically the province of men, and later women on a temporary basis that was tied to the rainy seasons, young girls between ten and sixteen years of age now make up the majority of the North-South migrants.
The lives of these girl migrants, who live and work in Ghana’s markets as porters, known locally as kayayoo, are complex and multifaceted. They endure …
Permanent Replacements: Organized Labor’S Fall, Employment Law’S (Incomplete) Rise, And The Way Forward, Alexander T. Macdonald
Permanent Replacements: Organized Labor’S Fall, Employment Law’S (Incomplete) Rise, And The Way Forward, Alexander T. Macdonald
W&M Law Student Publications
No abstract provided.
Innocent Beware: On Religion Clause Jurisprudence And The Negligent Retention Or Hiring Of Clergy, Mark Strasser
Innocent Beware: On Religion Clause Jurisprudence And The Negligent Retention Or Hiring Of Clergy, Mark Strasser
William & Mary Bill of Rights Journal
No abstract provided.
Competition Policy And The Great Depression: Lessons Learned And A New Way Forward, Alan J. Meese
Competition Policy And The Great Depression: Lessons Learned And A New Way Forward, Alan J. Meese
Faculty Publications
The recent Great Recession has shaken the nation’s faith in free markets and inspired various forms of actual or proposed regulatory intervention displacing free competition. Proponents of such intervention often claim that such interference with free-market outcomes will help foster economic recovery and thus macroeconomic stability by, for instance, enhancing the “purchasing power” of workers or reducing consumer prices. Such arguments for increased economic centralization echo those made during the Great Depression, when proponents of regulatory intervention claimed that such interference with economic liberty and free competition, including suspension of the antitrust laws, was necessary to foster economic recovery. Indeed, …
Applying Equitable Estoppel To Erisa Pension Benefit Claims, Adam S. Mcgonigle
Applying Equitable Estoppel To Erisa Pension Benefit Claims, Adam S. Mcgonigle
William & Mary Law Review
No abstract provided.
Disability Cause Lawyers, Michael E. Waterstone, Michael Ashley Stein, David B. Wilkins
Disability Cause Lawyers, Michael E. Waterstone, Michael Ashley Stein, David B. Wilkins
William & Mary Law Review
There is a vast and growing cause lawyering literature demonstrating how attorneys and their relationship to social justice movements matter greatly for law’s ability to engender progress. But to date, there has been no examination of the work of ADA disability cause lawyers as cause lawyers. Similarly, despite an extensive literature focused on the ADA’s revolutionary civil rights aspects and the manner in which the Supreme Court’s interpretation of that statute has stymied potential transformation of American society, no academic accounts of disability law have focused on the lawyers who bring these cases. This Article responds to these scholarly voids. …
Negligent Hiring And The Information Age: How State Legislatures Can Save Employers From Inevitable Liability, Katherine A. Peebles
Negligent Hiring And The Information Age: How State Legislatures Can Save Employers From Inevitable Liability, Katherine A. Peebles
William & Mary Law Review
No abstract provided.
Compatible Or Conflicting: The Promotion Of A High Level Of Employment And The Consumer Welfare Standard Under Article 101, Tom C. Hodge
Compatible Or Conflicting: The Promotion Of A High Level Of Employment And The Consumer Welfare Standard Under Article 101, Tom C. Hodge
William & Mary Business Law Review
The antitrust, or competition, regime of the European Union (EU) differs substantially from that of the United States, because EU competition law forms part of the EU Treaties and is therefore imbibed with the multiple values of the European Union itself. Accordingly, it is by no means clear or settled if the anti-cartel law of the European Union, Article 101 TFEU, must focus solely on a consumer welfare standard or must also consider the broad and multiple policy aims enshrined in the EU Treaties. If Article 101 must balance multiple aims, this would be in stark contrast to Section 1 …
Culture Matters: Cultural Differences In The Reporting Of Employment Discrimination Claims, Andrew Tae-Hyun Kim
Culture Matters: Cultural Differences In The Reporting Of Employment Discrimination Claims, Andrew Tae-Hyun Kim
William & Mary Bill of Rights Journal
Why don’t reasonable people complain about discrimination? Behavioral science evidence points to structural barriers, like the fear of retaliation and the lack of sociocultural power in the workplace, that discourage employees from reporting. By not reporting perceived discriminatory or harassing conduct, the employee not only underutilizes Title VII’s administrative scheme—which was created precisely to remedy and deter such conduct—but also incurs a heavy litigative cost in employer liability suits. This Article claims that for certain minority groups, namely Asian Americans, certain cultural differences significantly heighten those structural barriers and consequently leave them underprotected in the legal system. The Article locates …
Disparate Impact Realism, Amy L. Wax
Kennedy V. Plan Administrator For Dupont Savings & Investment Plan: Anti-Alienation And Anti-Cutback Rules, Christina Payne-Tsoupros
Kennedy V. Plan Administrator For Dupont Savings & Investment Plan: Anti-Alienation And Anti-Cutback Rules, Christina Payne-Tsoupros
W&M Law Student Publications
No abstract provided.