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Articles 1 - 19 of 19
Full-Text Articles in Law
How Employment-Discrimination Plaintiffs Fare In The Federal Courts Of Appeals, Kevin Clermont, Theodore Eisenberg, Stewart Schwab
How Employment-Discrimination Plaintiffs Fare In The Federal Courts Of Appeals, Kevin Clermont, Theodore Eisenberg, Stewart Schwab
Kevin M. Clermont
Employment-discrimination plaintiffs swim against the tide. Compared to the typical plaintiff, they win a lower proportion of cases during pretrial and after trial. Then, many of their successful cases are appealed. On appeal, they have a harder time in upholding their successes, as well in reversing adverse outcome. This tough story does not describe some tiny corner of the litigation world. Employment-discrimination cases constitute an increasing fraction of the federal civil docket, now reigning as the largest single category of cases at nearly 10 percent. In this article, we use official government data to describe the appellate phase of this …
How Employment Discrimination Plaintiffs Fare In Federal Court, Kevin Clermont, Stewart Schwab
How Employment Discrimination Plaintiffs Fare In Federal Court, Kevin Clermont, Stewart Schwab
Kevin M. Clermont
This article presents the full range of information that the Administrative Office’s data convey on federal employment discrimination litigation. From that information, the authors tell three stories about (1) bringing these claims, (2) their outcome in the district court, and (3) the effect of appeal. Each of these stories is a sad one for employment discrimination plaintiffs: relatively often, the numerous plaintiffs must pursue their claims all the way through trial, which is usually a jury trial; at both pretrial and trial these plaintiffs lose disproportionately often, in all the various types of employment discrimination cases; and employment discrimination litigants …
When Trade Secrets Become Shackles: Fairness And The Inevitable Disclosure Doctrine, Elizabeth Rowe
When Trade Secrets Become Shackles: Fairness And The Inevitable Disclosure Doctrine, Elizabeth Rowe
Elizabeth A Rowe
Critics of the inevitable disclosure doctrine decry the inconsistency with which courts rule on these cases, and the difficulty in predicting case outcomes. They contend that courts are left to "grapple with a decidedly ... nebulous standard of 'inevitability."' Further, they claim the doctrine undermines the employee's fundamental right to move freely and pursue his or her livelihood. Ultimately, both the problem and solution here are about fairness: fairness in the employer-employee relationship, fairness in the application of the law, and fairness in providing protection from unfair competition between competing employers. The crux of the opposition to the doctrine, in …
Race, Gender, And Work/Family Policy, Nancy Dowd
Race, Gender, And Work/Family Policy, Nancy Dowd
Nancy Dowd
Family leave is not an end in itself, but rather is part of a much bigger picture: work/family policy. The goal of work/family policy is to achieve a good society by supporting families. Ideally, families enable children to develop to their fullest capacity and to contribute to their communities and society. Public rhetoric in the United States has always strongly supported families. Our policies, however, have not. In the area of work/family policy, the United States continues to lag behind every other advanced industrialized country, as well as many developing countries, in the degree to which we provide affirmative support …
Protecting The Seafarer: An Insight On The Maritime Labour Convention, Cleopatra Doumbia-Henry
Protecting The Seafarer: An Insight On The Maritime Labour Convention, Cleopatra Doumbia-Henry
Cleopatra Doumbia-Henry
No abstract provided.
Self-Employed Workers Organize: Law, Policy, And Unions, Cynthia Cranford, Judy Fudge, Eric Tucker, Leah Vosko
Self-Employed Workers Organize: Law, Policy, And Unions, Cynthia Cranford, Judy Fudge, Eric Tucker, Leah Vosko
Eric M. Tucker
Over a million self-employed Canadians work every day but many of them not entitled to the basic labour protections and rights such as minimum wages, maternity and parental leaves and benefits, pay equity, a safe and healthy working environment, and access to collective bargaining. The authors of Self-Employed Workers Organize offer a multi-disciplinary examination of the legal, political, and social realities that both limit collective action by self-employed workers and create huge impediments for unions attempting to organize them. Through case studies of newspaper carriers, rural route mail couriers, personal care workers, and freelance editors - four groups who have …
Constitutional Labour Rights In Canada: Farm Workers And The Fraser Case, Fay Faraday, Judy Fudge, Eric Tucker
Constitutional Labour Rights In Canada: Farm Workers And The Fraser Case, Fay Faraday, Judy Fudge, Eric Tucker
Eric M. Tucker
On 29 April 2011, the Supreme Court of Canada released its much-anticipated decision in Attorney General of Ontario v Fraser, which dealt with the scope of constitutional protection of collective bargaining. The case involved a constitutional challenge to an Ontario statute on the grounds that it violated agricultural workers’ freedom of association and right to equality by excluding them from the statutory protection that is available to virtually all other private sector workers and by failing to provide them with alternative legislative support for meaningful and effective collective bargaining rights. Although the Court upheld the constitutionality of the legislation …
Working Disasters: The Politics Of Recognition And Response, Eric Tucker
Working Disasters: The Politics Of Recognition And Response, Eric Tucker
Eric M. Tucker
Every day, workers are injured, made ill, or killed on the job. Most often, workers experience these harms individually and in isolation. Particular occurrences rarely attract much public attention beyond, perhaps, a small paragraph in the local newspaper. Instead, these events are normalized. This membrane of normalcy, however, is ruptured from time to time, especially after a disaster. This edited collection draws together original case studies written by leading researchers in Australia, Canada, Great Britain, Sweden, and the United States that examine the politics of working disasters. The essays address two fundamental questions: what gets recognized as a work disaster? …
Labour Before The Law: The Regulation Of Workers' Collective Action In Canada, 1900-1948, Judy Fudge, Eric Tucker
Labour Before The Law: The Regulation Of Workers' Collective Action In Canada, 1900-1948, Judy Fudge, Eric Tucker
Eric M. Tucker
In this groundbreaking study of the relations between workers and the state, Judy Fudge and Eric Tucker examine the legal regulation of workers' collective action from 1900 to 1948. They analyze the strikes, violent confrontations, lockouts, union organizing drives, legislative initiatives, and major judicial decisions that transformed the labour relations regime of liberal voluntarism, which prevailed in the later part of the nineteenth century, into industrial voluntarism, whose centrepiece was Mackenzie King's Industrial Disputes Investigation Act of 1907. This period was marked by coercion and compromise, as workers organized and fought to extend their rights against the profit oriented owners …
Work On Trial: Canadian Labour Law Struggles, Judy Fudge, Eric Tucker
Work On Trial: Canadian Labour Law Struggles, Judy Fudge, Eric Tucker
Eric M. Tucker
Work on Trial is a collection of studies of eleven major cases and events that have helped to shape the legal landscape of work in Canada. While most of the cases are well-known because of the impact they have had on collective bargaining, individual employment law, or human rights, less is known about the social and political contexts in which the cases arose, the backgrounds and personalities of the judges and the litigants, the legal manoeuvres that were employed, or the ultimate fate of all those who were involved. These studies, written by some of Canada’s leading labour and legal …
Administering Danger In The Workplace: The Law And Politics Of Occupational Health And Safety Regulation In Ontario, 1850-1914, Eric Tucker
Eric M. Tucker
No abstract provided.
'Whatever They Need, We Will Get Them', Roger Abrams
'Whatever They Need, We Will Get Them', Roger Abrams
Roger I. Abrams
No abstract provided.
Contributory Disparate Impacts In Employment Discrimination Law, Peter Siegelman
Contributory Disparate Impacts In Employment Discrimination Law, Peter Siegelman
Peter Siegelman
An employer who adopts a facially neutral employment practice that disqualifies a larger proportion of protected-class applicants than others is liable under a disparate impact theory. Defendants can escape liability if they show that the practice is justified by business necessity. But demonstrating business necessity requires costly validation studies that themselves impose a significant burden on defendants-upwards of $100,000 according to some estimates. This Article argues that an employer should have a defense against disparate impact liability if it can show that protected-class applicants failed to make reasonable efforts to train or prepare for a job related test. That is, …
A-Rod Is Unrepentant And Vows Appeal, Roger Abrams
A-Rod Is Unrepentant And Vows Appeal, Roger Abrams
Roger I. Abrams
No abstract provided.
Disabling The Gender Pay Gap: Lessons From The Social Model Of Disability, Michelle Travis
Disabling The Gender Pay Gap: Lessons From The Social Model Of Disability, Michelle Travis
Michelle A. Travis
As we celebrate the fiftieth anniversary of Title VII’s prohibition against sex-based compensation discrimination in the workplace, the gender wage gap remains robust and progress toward gender pay equity has stalled. This article reveals the role that causal narratives play in undermining the law’s potential for reducing the gender pay gap. The most recent causal narrative is illustrated by the “women don’t ask” and “lean in” storylines, which reveal our society’s entrenched view that women themselves are responsible for their own pay inequality. This causal narrative has also embedded itself in subtle but pernicious ways in antidiscrimination doctrine, which helps …
The Fundamental Nature Of Title Vii, Maria Ontiveros
The Fundamental Nature Of Title Vii, Maria Ontiveros
Maria L. Ontiveros
This article explores the fundamental nature of Title VII and argues that Title VII is a statute designed to protect the right to own and use one's own labor free from discrimination in order to provide meaningful economic opportunity and participation. This conclusion is based upon three different types of analysis: the elements approach; the super statute approach and the human rights approach. The "elements approach" places Title VII in context and argues that it cannot be interpreted in isolation because it is only one element of the Civil Rights Act of 1964. The "super statute approach" argues that Title …
Protecting Workers As A Matter Of Principle: A Latin American View Of U.S. Work Law (With S. Gamonal C.), César Rosado Marzán
Protecting Workers As A Matter Of Principle: A Latin American View Of U.S. Work Law (With S. Gamonal C.), César Rosado Marzán
César F. Rosado Marzán
Scholars have noted that judicial conservatism has eroded labor and employment law (hereinafter referred to as “work law”) in the U.S. and elsewhere. The Roberts Court has kept in line with such conservatism, perhaps with sharpened audacity, deciding a number of key work law cases in the favor of employers. Moreover, the current seemingly pro-employer judicial hue over recent work law cases comes at the heels of recent legal scholarship calling for a rethinking of the “idea of labor law,” the demise of the standard employment contract, and an upsurge in labor precarity. Work law, which has always been under …
Migrant Labour In The United States: Working Beneath The Floor For Free Labour?, Maria Ontiveros
Migrant Labour In The United States: Working Beneath The Floor For Free Labour?, Maria Ontiveros
Maria L. Ontiveros
This chapter argues that the combination of United States employment and immigration laws create a system for the exploitation of immigrant workers that runs counter to the purpose of the Thirteenth Amendment to the US constitution. The chapter provides an overview to US employment and migration laws and then identifies specific problems raised for immigrant workers. The chapter then describes Thirteenth Amendment jurisprudence and shows how the current system of laws runs afoul of the amendments purpose.
Labor's Soft Means And Hard Challenges: Fundamental Discrepancies And The Promise Of Non-Binding Arbitration For International Framework Agreements, César Rosado Marzán
Labor's Soft Means And Hard Challenges: Fundamental Discrepancies And The Promise Of Non-Binding Arbitration For International Framework Agreements, César Rosado Marzán
César F. Rosado Marzán
Globalization has led to union decline almost universally across the world’s capitalist democracies. But despite globalization, global labor unions have been able to sign International Framework Agreements (“IFAs”) with more than 110 multinational corporations that cover about 9 million workers, excluding contractors and suppliers. IFAs are agreements signed by multi-national firms and global labor unions. Global labor unions are labor organizations composed of national-level labor organizations. All IFAs must submit to the core labor standards of the International Labor Organization (“ILO”), to wit, freedom of association and the effective recognition of the right to collective bargaining, elimination of all forms …