Law Commons^™

The Silenced Majority: Martin V. Wilks And The Legislative Response, Susan Grover

Faculty Publications

An American worker finds himself disadvantaged by an employer's affirmative action program. The worker heads for the courthouse, reverse discrimination complaint in hand. Will he be allowed to sue? Prior to the Supreme Court's 1989 Martin v. Wilks decision, the answer to that question tended to be "no." Wilks changed the answer to an emphatic ·yes." With the 1991 Civil Rights Act, the answer has become "probably not." This article discusses the bar against such challenges as developed through case law and recent congressional action. It addresses the implications that the new statutory bar will have for the structure of …

Citizenship, Alienage, And Ethnic Origin Discrimination In Employment Under The Law Of The United States, Mack Player

Faculty Publications

INTRODUCTION

This paper will survey the federal law of discrimination in employment based on ethnic origin, alienage, and citizenship. There are a number of sources of this law, many of them overlapping. The federal constitution provides some protections, but only to governmental employees or applicants. The traditional centerpiece of employment discrimination law is Title VII of the Civil Rights Act of 1964. The 1866 Civil Rights Act also provides protection which overlaps with that provided by Title VII. Finally, the recently enacted Immigration Reform and Control Act of 1986 regulates both national origin discrimination, thus duplicating the protections of Title …

The Fourth Bite At The Apple: A Study Of The Operation And Utility Of The Social Security Administration's Appeals Council, Charles H. Koch Jr., David A. Koplow

Faculty Publications

The Social Security Administration's Appeals Council performs the fourth and final administrative evaluation of appealed disability claims. Very little information about the Appeals Council has been available to claimants and their representatives, even though claimants must request Appeals Council review before filing an appeal in federal court. In response to criticism and controversy surrounding this obscure branch of the Social Security Administration, the Administrative Conference of the United States (ACUS) asked Professors Koch and Koplow to study the Appeals Council's effectiveness in disability claims and adjudication. In this Article, the authors examine Appeals Council operations and the Council's relationship to …

Challenging Discriminatory Guesswork: Does Impact Analysis Apply, Michael A. Middleton

Faculty Publications

This article initially examines the traditional theories of proof in Title VII cases. It then discusses approaches by lower courts in resolving the competing concerns raised in applying those traditional theories in challenges to subjective selection devices. This article next discusses the Supreme Court's resolution of the problem in Watson and suggests a workable alternative resolution that will not undermine the broad prophylactic purposes of Title VII.

Successorship And The Duty To Bargain, B. Glenn George

Faculty Publications

No abstract provided.

Divided We Stand: Concerted Activity And The Maturing Of The Nlra, B. Glenn George

Faculty Publications

No abstract provided.

A Guide For The Selection Of Faculty Recruiters...Or Any First Year Course, Paul A. Lebel

Faculty Publications

No abstract provided.

The Possible Final Word On Employment Discrimination Relief, Neal Devins

Faculty Publications

No abstract provided.

To Bargain Or Not To Bargain: A New Chapter In Work Relocation Decisions, B. Glenn George

Faculty Publications

No abstract provided.

Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins

Faculty Publications

No abstract provided.

Are Residential Quotas Constitutional?, Neal Devins

Faculty Publications

No abstract provided.

Ohio's Public Employee Bargaining Law: Can It Withstand Constitutional Challenge?, Rebecca Hanner White, Robert E. Kaplan, Michael W. Hawkins

Faculty Publications

No abstract provided.

Antitrust And Employer Restraints In Labor Markets, Robert H. Jerry Ii

Faculty Publications

This Article argues that the Sherman Act regulates concerted employer activity in the labor market only if such activity restrains or attempts to restrain the product market. After discussing the legislative history of the Act, the Article examines and synthesizes two conflicting lines of cases. Finally, the Article suggests how courts should dispose of challenges to employer conduct and posits the basis for a unified theory of labor-antitrust law.

Labor Unions In The Boardroom: An Antitrust Dilemma, Davison M. Douglas

Faculty Publications

No abstract provided.

Sex Discrimination In Coaching, R. Lawrence Dessem

Faculty Publications

This article will attempt to provide a legal framework for analysis of this not uncommon payment of lower salaries or stipends to the teacher-coaches (both male and female) of girls' athletics than to the teacher-coaches of comparable or identical boys' sports.

Federal Regulation Of Collective Bargaining By State And Local Employees: Constitutional Alternatives, Ronald C. Brown

Faculty Publications

No abstract provided.

Constitional Basis And Implications Of Federal Collective Bargaining Legislation For State And Local Employees, Ronald C. Brown

Faculty Publications

No abstract provided.

Federal Legislation For Public Sector Collective Bargaining: A Minimum Standards Approach, Ronald C. Brown

Faculty Publications

No abstract provided.

The Philadelphia Plan And Strict Racial Quotas In Federal Contracts, Paul Marcus

Faculty Publications

No abstract provided.

Right To Work, A Decade Of Development, William F. Swindler

Faculty Publications

No abstract provided.

Operation Of The Mexican Labor Law (Part Ii), Joseph M. Cormack

Faculty Publications

No abstract provided.

Operation Of The Mexican Labor Law (Part I), Joseph M. Cormack

Faculty Publications

No abstract provided.