Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 24 of 24

Full-Text Articles in Law

The J.O.B.S. Act & The New Texas Intrastate Crowdfunding Provision, Neal Newman Nov 2014

The J.O.B.S. Act & The New Texas Intrastate Crowdfunding Provision, Neal Newman

Neal F. Newman

No abstract provided.


In The U.S. Supreme Court: How To Define Who Qualifies As An 'Employer' Within The Meaning Of Title Vii, Steven Kaminshine Oct 2014

In The U.S. Supreme Court: How To Define Who Qualifies As An 'Employer' Within The Meaning Of Title Vii, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.


New Rights For The Disabled: The Americans With Disabilities Act Of 1990, Steven Kaminshine Oct 2014

New Rights For The Disabled: The Americans With Disabilities Act Of 1990, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.


The Cost Of Older Workers, Disparate Impact And The Age Discrimination In Employment Act, Steven Kaminshine Oct 2014

The Cost Of Older Workers, Disparate Impact And The Age Discrimination In Employment Act, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.


Workers' Compensation In Georgia, Steven Kaminshine Oct 2014

Workers' Compensation In Georgia, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.


In The U.S. Supreme Court: Does Title Vii Protect Former Employees From Acts Of Retaliation By Former Employers?, Steven Kaminshine Oct 2014

In The U.S. Supreme Court: Does Title Vii Protect Former Employees From Acts Of Retaliation By Former Employers?, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.


Nlrb: Employers May Restrict Employee Use Of Office E-Mail For Union Solicitation And Other Employee Organizational Activity, John Wymer, William Barker, Windsor Adams Oct 2014

Nlrb: Employers May Restrict Employee Use Of Office E-Mail For Union Solicitation And Other Employee Organizational Activity, John Wymer, William Barker, Windsor Adams

Windsor Adams

No abstract provided.


Working Group On Chapter 2 Of The Proposed Restatement Of Employment Law: Employment Contracts: Termination, Lea Vandervelde, Matthew Finkin, Stephen Befort, William Corbett Sep 2014

Working Group On Chapter 2 Of The Proposed Restatement Of Employment Law: Employment Contracts: Termination, Lea Vandervelde, Matthew Finkin, Stephen Befort, William Corbett

William R. Corbett

No abstract provided.


Labour Rights In An Interregnum: The Ambiguous Legacy Of J.S. Woodsworth, Eric Tucker Jul 2014

Labour Rights In An Interregnum: The Ambiguous Legacy Of J.S. Woodsworth, Eric Tucker

Eric M. Tucker

J.S. Woodsworth was a prominent Canadian socialist who was a member of the Canadian Parliament from 1921 to 1942 and a founder of the Co-operative Commonwealth Federation (CCF), the predecessor of the present New Democratic Party (NDP). This paper uses a Gramscian framework to explore his promotion of labour rights in the inter-war years, which I argue was an interregnum, a period when the hegemony of the old order was weakened. In this period, counter-hegemonic projects were launched to challenge the old order but, at the same time, so too were liberal passive revolutionary projects that aimed to restore the …


All That Is Solid Melts Into Air: Worker Participation In Health And Safety Regulation In Ontario, 1970-2000, Eric Tucker, Robert Storey Jul 2014

All That Is Solid Melts Into Air: Worker Participation In Health And Safety Regulation In Ontario, 1970-2000, Eric Tucker, Robert Storey

Eric M. Tucker

No abstract provided.


Locating Labour Law: Conflicting Perspectives And The Case Of Occupational Health And Safety, Eric Tucker Jul 2014

Locating Labour Law: Conflicting Perspectives And The Case Of Occupational Health And Safety, Eric Tucker

Eric M. Tucker

While the need to locate employment and labour law in its social context is now widely recognized, there is significant disagreement over the character of that social context, how law is located in it, and the way that law both shapes and is shaped by its social location. The importance of these disputes is not just theoretical because their resolution shapes the way labour law is written and implemented. Nowhere is this truer than in one particular area of labour law, occupational health and safety (OHS) regulation. This chapter argues that from its origins in the nineteenth century, OHS regulation …


And Defeat Goes On: An Assessment Of The Third Wave Of Health And Safety Regulation, Eric Tucker Jul 2014

And Defeat Goes On: An Assessment Of The Third Wave Of Health And Safety Regulation, Eric Tucker

Eric M. Tucker

No abstract provided.


Street Railway Strikes, Collective Violence, And The Canadian State, 1886-1914, Eric Tucker Jul 2014

Street Railway Strikes, Collective Violence, And The Canadian State, 1886-1914, Eric Tucker

Eric M. Tucker

Street railway strikes in the late nineteenth and early twentieth centuries were often accompanied by high levels of public disorder. The challenge to public authorities, however, was not just in the scale of the disorder but also the disjuncture between the behaviour that a significant portion of the working-class community felt was legitimate in the circumstances and what the law tolerated. Public officials confronted with this dilemma had to negotiate between the disparate zones of community and legal toleration. How much disorder would they tolerate before mobilizing the coercive power of the state to protect the right of the street …


Will The Vicious Circle Of Precariousness Be Unbroken?: The Exclusion Of Ontario Farm Workers From The Occupational Health And Safety Act, Eric Tucker Jul 2014

Will The Vicious Circle Of Precariousness Be Unbroken?: The Exclusion Of Ontario Farm Workers From The Occupational Health And Safety Act, Eric Tucker

Eric M. Tucker

No abstract provided.


Precarious Employment And The Law’S Flaws: Identifying Regulatory Failure And Securing Effective Protection For Workers, Eric Tucker, Stephanie Bernstein, Katherine Lippel, Leah Vosko Jul 2014

Precarious Employment And The Law’S Flaws: Identifying Regulatory Failure And Securing Effective Protection For Workers, Eric Tucker, Stephanie Bernstein, Katherine Lippel, Leah Vosko

Eric M. Tucker

No abstract provided.


The Persistence Of Market Regulation Of Occupational Health And Safety: The Stillbirth Of Voluntarism, Eric Tucker Jul 2014

The Persistence Of Market Regulation Of Occupational Health And Safety: The Stillbirth Of Voluntarism, Eric Tucker

Eric M. Tucker

No abstract provided.


Labour Law And Fragmentation Before Statutory Collective Bargaining, Eric Tucker Jul 2014

Labour Law And Fragmentation Before Statutory Collective Bargaining, Eric Tucker

Eric M. Tucker

No abstract provided.


Occupational Health And Safety Management Systems In The United Kingdom And Ontario, Canada: A Political Economy Perspective, Eric Tucker, Theo Nichols Jul 2014

Occupational Health And Safety Management Systems In The United Kingdom And Ontario, Canada: A Political Economy Perspective, Eric Tucker, Theo Nichols

Eric M. Tucker

No abstract provided.


Veiled Discrimination, Sahar F. Aziz Mar 2014

Veiled Discrimination, Sahar F. Aziz

Sahar F. Aziz

Should employees have the legal right to “be themselves” at work? Most Americans would answer in the negative because work is a privilege, not an entitlement. An employer’s workplace rules that define professionalism, therefore, are his prerogative and defined by the demands of the marketplace. Underlying this conclusion is the false premise that objective and neutral factors shape modern notions of professionalism. To the contrary, professionalism is a subjective concept dependent on the decision makers’ worldview, norms, values, and definitions of propriety. Employees who belong to the employer’s social group or fall within society’s majority are advantaged as minimal effort …


Regulation Of Compensation: Proceedings Of The 66th N.Y.U. Annual Conference On Labor (Forthcoming), César Rosado Marzán Dec 2013

Regulation Of Compensation: Proceedings Of The 66th N.Y.U. Annual Conference On Labor (Forthcoming), César Rosado Marzán

César F. Rosado Marzán

No abstract provided.


Bajo Vientre Del Jaguar: Fiscalización Y Falta De Auto-Tutela En El Derecho Del Trabajo Chileno [The Jaguar's Underbelly: Labor Inspection And The Lack Of Self-Protection In Chilean Work Law], César Rosado Marzán Dec 2013

Bajo Vientre Del Jaguar: Fiscalización Y Falta De Auto-Tutela En El Derecho Del Trabajo Chileno [The Jaguar's Underbelly: Labor Inspection And The Lack Of Self-Protection In Chilean Work Law], César Rosado Marzán

César F. Rosado Marzán

No abstract provided.


Temporary Employment Agencies And Temporary Work In Sweden, Jenny Julén Votinius Dec 2013

Temporary Employment Agencies And Temporary Work In Sweden, Jenny Julén Votinius

Jenny Julén Votinius

No abstract provided.


Company Restructuring And Collective Dismissals In Sweden, Jenny Julén Votinius Dec 2013

Company Restructuring And Collective Dismissals In Sweden, Jenny Julén Votinius

Jenny Julén Votinius

No abstract provided.


The Duty Of Fair Representation: Steele V. Louisville & Nashville Ry. Co., Thomas Kohler Dec 2013

The Duty Of Fair Representation: Steele V. Louisville & Nashville Ry. Co., Thomas Kohler

Thomas C. Kohler

Discussion of lead case dealing with race, the duty of fair representation, historical and legal setting and significance.