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Articles 31 - 60 of 83
Full-Text Articles in Law
Predictive Scheduling Is Trending: Is Milwaukee Next?, Kelly J. Lyden
Predictive Scheduling Is Trending: Is Milwaukee Next?, Kelly J. Lyden
Marquette Benefits and Social Welfare Law Review
No abstract provided.
How Twenty-First Century Technology Affects Inmates' Access To Prison Law Libraries In The United States Prison System, Kelsey Brown
How Twenty-First Century Technology Affects Inmates' Access To Prison Law Libraries In The United States Prison System, Kelsey Brown
Marquette Benefits and Social Welfare Law Review
In today’s generation America is open 24 hours, 7 days a week. Americans live in an open-all-night society, where with one click, one can buy groceries, watch a 3D movie, bowl a perfect game, and eat pizza all at two in the morning without ever leaving his or her living room. Therefore, is not a stretch to imagine a single digital device, such as a computer or phone, that could hold thousand, if not, millions of books with topics ranging from comedy, fiction, nonfiction, business, cooking, fitness, etc. But most importantly, and one of the focuses of this Comment, are …
Advancing A Feasible Solution To Cross-Border Employment Enforcement Mechanisms, Alina Veneziano
Advancing A Feasible Solution To Cross-Border Employment Enforcement Mechanisms, Alina Veneziano
Marquette Benefits and Social Welfare Law Review
This study analyzes the prior and current practice of the judiciary in deciding cases of extraterritorial applications of U.S. anti-discrimination statutes, such as Title VII, the ADA, and the ADEA. Specifically, it analyzes when and to what extent courts have applied the protections of these Acts to foreign elements. In 1991, Aramco held that legislation of Congress, unless a contrary intent is shown, is meant to apply only within the territorial borders of the United States. Because of the congressional silence in Title VII, the Supreme Court in Aramco dismissed the case even though it involved a claim of discriminatory …
Believing Survivors: In Veterans Affairs Benefits Claims, No In-Service Report Is Required To Prove An Instance Of Military Sexual Trauma, Allysen Adrian
Believing Survivors: In Veterans Affairs Benefits Claims, No In-Service Report Is Required To Prove An Instance Of Military Sexual Trauma, Allysen Adrian
Marquette Benefits and Social Welfare Law Review
AZ v. Shinseki held that the Department of Veterans Affairs could not treat the absence of military documentation of an in-service sexual assault as proof that the assault never occurred. Nor can the Department of Veterans Affairs assert that a veteran’s decision not to report an instance of sexual trauma to military authorities is proof that the assault did not occur. A veteran’s submission of testimonial lay evidence can supplant the lack of report. This holding aligns with the Department of Veterans Affairs’ duty to consider all evidence in the file and to maximize benefits for the veteran.
You Catch More Flies With Honey: Reevaluating The Erroneous Premises Of The Military Exception To Title Vii, Craig Westergard
You Catch More Flies With Honey: Reevaluating The Erroneous Premises Of The Military Exception To Title Vii, Craig Westergard
Marquette Benefits and Social Welfare Law Review
Discrimination is a problem in the military. Though Title VII of the Civil Rights Act prohibits employment discrimination in the “military departments,” courts have held that the statute does not apply to members of the military. The primary justification for this judge-made exception is that Title VII suits might have an adverse effect on military discipline. In their haste to condemn suits for military discrimination, however, courts tend to overlook the negative effects discrimination has on discipline, as well as the positive effects of diversity. This Note calls upon Congress to abrogate the military exception to Title VII; in the …
The Teachers' Strike Of 2018 In Historical Perspective, Joseph Slater
The Teachers' Strike Of 2018 In Historical Perspective, Joseph Slater
Marquette Benefits and Social Welfare Law Review
No abstract provided.
Where The Law Ends - Part 1: M&G; Polymers V. Tackett And Cnh Industrial V. Reese - Federal Labor Policy, The Interpretation Of Collective Bargaining Agreements, And The Failure Of Stare Decisis, Roger J. Mcclow
Marquette Benefits and Social Welfare Law Review
No abstract provided.
Sign Or Else: Employment Arbitration In The Wake Of An Epic Decision, Brendan Williams
Sign Or Else: Employment Arbitration In The Wake Of An Epic Decision, Brendan Williams
Marquette Benefits and Social Welfare Law Review
No abstract provided.
Table Of Contents
Marquette Benefits and Social Welfare Law Review
No abstract provided.
Comment: Microchipping Employees And Privacy Implications - Does My Boss Know Where I Am Right Now?, Samuel E. Simpson
Comment: Microchipping Employees And Privacy Implications - Does My Boss Know Where I Am Right Now?, Samuel E. Simpson
Marquette Benefits and Social Welfare Law Review
Existing law surrounding employee privacy does not adequately address privacy concerns raised by microchip programs. A handful of states have passed laws that prohibit mandatory employee microchipping programs, but the vast majority have not passed any preventative legislation. In states that have passed laws, the limited protections that do exist fail to address a wide range of issues that have not yet come up in the context of employer-provided technology. This comment will briefly overview employee privacy law to highlight some of the issues that will arise if the law remains untouched. Then, it will propose solutions that would serve …
Foreward: Wedding Cakes, Religion, And Sexual Orientation Discrimination, Paul M. Secunda
Foreward: Wedding Cakes, Religion, And Sexual Orientation Discrimination, Paul M. Secunda
Marquette Benefits and Social Welfare Law Review
No abstract provided.
Comment: Unconstitutional Accountability In The Department Of Veterans Affairs, Ian Pomplin
Comment: Unconstitutional Accountability In The Department Of Veterans Affairs, Ian Pomplin
Marquette Benefits and Social Welfare Law Review
The Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017, Pub. L. No. 115-41, 131 Stat. 862 (2017), was enacted into law on June 23, 2017, in an effort to reform a troubled government agency that has had the media shine a spotlight on its abuses and waste. This new law significantly lowers the standard of evidence to take adverse actions against federal employees at the Department of Veterans Affairs, overrides collective bargaining agreements, and greatly shortens notice and response time periods that are constitutionally guaranteed. This comment will discuss the history of due process in federal employment, …
Table Of Contents
Marquette Benefits and Social Welfare Law Review
No abstract provided.
No Cake For You: Discrimination, Dignity, And Refusals To Serve, William D. Araiza
No Cake For You: Discrimination, Dignity, And Refusals To Serve, William D. Araiza
Marquette Benefits and Social Welfare Law Review
No abstract provided.
The Growing Gender/Religion Divide, Marcia L. Mccormick
The Growing Gender/Religion Divide, Marcia L. Mccormick
Marquette Benefits and Social Welfare Law Review
No abstract provided.
Sex, Religion, And Politics, Or The Future Of Healthcare Antidiscrimination Law, Elizabeth Sepper, Jessica L. Roberts
Sex, Religion, And Politics, Or The Future Of Healthcare Antidiscrimination Law, Elizabeth Sepper, Jessica L. Roberts
Marquette Benefits and Social Welfare Law Review
No abstract provided.
Comment: Queer Womyn Of Color And Employment Discrimination Law In Wisconsin - Does Wisconsin Law Do Enough To Lift Anxiety?, Amber Lara
Marquette Benefits and Social Welfare Law Review
America's current leadership appears to actively seek out ways to isolate and oppress those who do not identify as cis-gender white heterosexual males. The purpose of this comment is to help readers understand the issues queer womyn of color face interacting with society on a daily basis. This comment will outline the harmful expectations of assimilation and how failure to assimilate may make these womyn targets in their work environments. This comment will also compare the handling of employment discrimination under Title VII and Wisconsin law and determine whether Wisconsin law in practice actually affords queer womyn of color more …
Table Of Contents
Marquette Benefits and Social Welfare Law Review
No abstract provided.
An Assessment Of Advance Directives In China: The "Coming Of Age" For Legal Regulation?, Yue An, Mimi Zou
An Assessment Of Advance Directives In China: The "Coming Of Age" For Legal Regulation?, Yue An, Mimi Zou
Marquette Benefits and Social Welfare Law Review
Advance directives (AD) are playing an increasingly important role in end-of-life medical care and treatment in ageing societies. A growing number of jurisdictions have introduced AD-related laws as a component of their medical and health care regulatory frameworks. This article presents an analytical account of why specific regulation on ADs has yet to develop in China, the most populous ageing society in the world. We argue that the regulatory vacuum to date can be partly explained by limited public demand, which can be further accounted by relatively low public awareness as well as the influence of traditional views on life-and-death …
Collateral Consequences For Justice-Involved Youth: A Model Approach To Reducing The Number Of Collateral Consequences, Jennica Janssen
Collateral Consequences For Justice-Involved Youth: A Model Approach To Reducing The Number Of Collateral Consequences, Jennica Janssen
Marquette Benefits and Social Welfare Law Review
Collateral consequences—stigma and disadvantages individuals face after becoming entangled in the legal system—for justiceinvolved youth differ by jurisdiction and number in the thousands. Although the American Bar Association (ABA) and the Office of Juvenile Justice and Delinquency Prevention (OJJDP) advocated for the reduction of juvenile collateral consequences over five years ago, after an initial surge in activism, the movement lost momentum. The Federal Advisory Committee on Juvenile Justice and several non-profit, public interest law firms, continue to advocate for the clarification of juvenile collateral consequences and the elimination of specific sanctions. This Note recognizes the importance of gathering juvenile collateral …
Lessons Learned From Texas' Special Education Cap, Raj Salhotra
Lessons Learned From Texas' Special Education Cap, Raj Salhotra
Marquette Benefits and Social Welfare Law Review
No abstract provided.
The Sincerely Religious Corporation, Richard Carlson
The Sincerely Religious Corporation, Richard Carlson
Marquette Benefits and Social Welfare Law Review
No abstract provided.
A Prescription For Teaching The Law Of Reasonable Religious And Disability Accommodation, Kerri Lynn Stone
A Prescription For Teaching The Law Of Reasonable Religious And Disability Accommodation, Kerri Lynn Stone
Marquette Benefits and Social Welfare Law Review
No abstract provided.
The Logic Of Speech And Religion Rights In The Public Workplace, Scott R. Bauries
The Logic Of Speech And Religion Rights In The Public Workplace, Scott R. Bauries
Marquette Benefits and Social Welfare Law Review
No abstract provided.
Comment: The Flint Water Crisis: A National Warning Of Failing Infrastructure
Comment: The Flint Water Crisis: A National Warning Of Failing Infrastructure
Marquette Benefits and Social Welfare Law Review
I look at the Flint, Michigan Water Crisis from a combined perspective that broadens the scope of one of the worst manmade environmental disasters in the history of the United States. The goal of this examination is to bring attention to preventable environmental catastrophes, and put a spotlight on the policies and governing philosophies, which aggregated into neglect to the health of the people of Flint. I briefly analyze Michigan’s emergency manager law’s role in fostering the poor oversight that allowed the crisis to spiral out of control. I then pivot to the nation’s water infrastructure and regulatory environment at …
Activation Measures In Social Security: Lessons From The Dutch Case
Activation Measures In Social Security: Lessons From The Dutch Case
Marquette Benefits and Social Welfare Law Review
Dutch social security has undergone important changes since the 1990s, in that the focus shifted from predominantly compensating the loss of income into giving incentives for claimants and benefits recipients to stay in or get back to work. While still providing a relatively high level of benefit if there is no chance to work (to the full extent), the legislature has been quite creative in adopting conditions that stimulate persons to do their best to be in work. For this purpose, this is interesting for an American audience, since the USA system is far less generous out of fear that …
The Prosecution Of Climate Change Dissent
The Prosecution Of Climate Change Dissent
Marquette Benefits and Social Welfare Law Review
A May 2015 op-ed in the Washington Post by Sen. Sheldon Whitehouse (D. RI) accused the fossil fuel industry of funding a campaign to mislead Americans about the environmental harm caused by carbon pollution. The Attorney Generals of New York and Massachusetts began investigating Exxon Mobil. We look at these two investigations through the lenses of the federal mail and wire fraud statutes (at issue in the racketeering case against big tobacco), and the First Amendment.
We analyze the difficulty of prosecuting someone under the federal mail and wire fraud statutes for expressing an opinion, and discuss why scientific statements …
Table Of Contents
Marquette Benefits and Social Welfare Law Review
No abstract provided.
An Intersectional Approach To Homelessness: Discrimination And Criminalization
An Intersectional Approach To Homelessness: Discrimination And Criminalization
Marquette Benefits and Social Welfare Law Review
The purpose of this essay is to address discrimination against homeless people. First of all, the theory of intersectionality will be explained and then applied as a method of analysis. The complexity of defining homelessness will be tackled, focusing on the difficulties encountered when approaching this concept. I will discuss notions of protected ground and immutability of personal characteristics, then outline an intersectional approach to homelessness. Intersectional discrimination has not yet been applied by many courts and tribunals, but Canada has proven to be a vanguard in this area. For this reason, Canadian case law has been chosen as the …
Some Thoughts On "Healthism" And Employee Benefits In The Age Of Trump
Some Thoughts On "Healthism" And Employee Benefits In The Age Of Trump
Marquette Benefits and Social Welfare Law Review
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