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Full-Text Articles in Law

Dealing With Diversity: Changing Theories Of Discrimination, Deborah Calloway Jan 1995

Dealing With Diversity: Changing Theories Of Discrimination, Deborah Calloway

Faculty Articles and Papers

No abstract provided.


Accommodating Pregnancy In The Workplace, Deborah Calloway Jan 1995

Accommodating Pregnancy In The Workplace, Deborah Calloway

Faculty Articles and Papers

No abstract provided.


The Selection Of Employment Discrimination Disputes For Litigation: Using Business Cycle Effects To Test The Priest-Klein Hypothesis, Peter Siegelman, John J. Donohue Iii Jan 1995

The Selection Of Employment Discrimination Disputes For Litigation: Using Business Cycle Effects To Test The Priest-Klein Hypothesis, Peter Siegelman, John J. Donohue Iii

Faculty Articles and Papers

Employment discrimination cases filed during recessions are more likely to settle after filing and less likely to be won by plaintiffs than those filed when the economy is strong. This model of litigation confirms two predictions of the Priest-Klein model of litigation. First, relatively weak cases (for either party) should be more likely to settle. Second, the party with the greater stake in litigation will have the higher win rate in adjudicated disputes; the special case of even stakes produces a 50 percent plaintiff win rate. The settlement process does not produce complete selection, however: the strong version of the …


St. Mary's Honor Center V. Hicks: Questioning The Basic Assumption, Deborah Calloway Jan 1994

St. Mary's Honor Center V. Hicks: Questioning The Basic Assumption, Deborah Calloway

Faculty Articles and Papers

No abstract provided.


The Changing Nature Of Employment Discrimination Litigation, Peter Siegelman, John J. Donohue Iii Jan 1991

The Changing Nature Of Employment Discrimination Litigation, Peter Siegelman, John J. Donohue Iii

Faculty Articles and Papers

Two major pieces of employment discrimination legislation were passed in the early 1990s: the 1991 Civil Rights Act and Americans with Disabilities Act. Using some simple regression models, we examine the effects of this legislation on the volume, content and outcomes of employment discrimination cases filed in federal courts. We find, first, that the volume of discrimination cases nearly doubled between 1992 and 1997, in contrast to a 10 percent decline during the previous 8 years, and despite a sharply falling unemployment rate that–in the past–would have substantially reduced the amount of litigation. We also observe a significant shift in …


Studying The Iceberg From Its Tip: A Comparison Of Published And Unpublished Employment Discrimination Cases, Peter Siegelman, John J. Donohue Iii Jan 1990

Studying The Iceberg From Its Tip: A Comparison Of Published And Unpublished Employment Discrimination Cases, Peter Siegelman, John J. Donohue Iii

Faculty Articles and Papers

Researchers often rely on published opinions to draw conclusions about cases decided by the courts, determinants of court decisions, and broader social phenomena. We demonstrate that 80 to 90 percent of employment discrimination cases filed in federal court do not produce a published opinion. There are good theoretical reasons to believe that the process generating a published opinion is not random and thus that samples of published cases will not be representative of all cases. Through a direct comparison of published and unpublished cases, we show that the two actually do differ in significant and predictable ways. Examining several studies …


United States Report: The Protection Of Worker's Rights In The Event Of Insolvency And Business Reorganization: A Symposium, Phillip Blumberg Jan 1989

United States Report: The Protection Of Worker's Rights In The Event Of Insolvency And Business Reorganization: A Symposium, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.


Self, Others, And Section 7: Mutualism And Protected Protest Activities Under The National Labor Relations Act, Michael Fischl Jan 1989

Self, Others, And Section 7: Mutualism And Protected Protest Activities Under The National Labor Relations Act, Michael Fischl

Faculty Articles and Papers

No abstract provided.


Labor, Management And The First Amendment: Whose Rights Are These Anyway?, Michael Fischl Jan 1989

Labor, Management And The First Amendment: Whose Rights Are These Anyway?, Michael Fischl

Faculty Articles and Papers

No abstract provided.


Equal Employment And Third Party Privacy Interests: An Analytical Framework For Reconciling Competing Rights, Deborah Calloway Jan 1985

Equal Employment And Third Party Privacy Interests: An Analytical Framework For Reconciling Competing Rights, Deborah Calloway

Faculty Articles and Papers

No abstract provided.


The Problem Of The Missing Witness: Toward An Educator-Facilitator Role For Labor Arbitrators, Lewis Kurlantzick Jan 1983

The Problem Of The Missing Witness: Toward An Educator-Facilitator Role For Labor Arbitrators, Lewis Kurlantzick

Faculty Articles and Papers

No abstract provided.


New Definition Of Seniority System Violations Under Title Vii: He Who Seeks Equity..., Stephen Utz Jan 1978

New Definition Of Seniority System Violations Under Title Vii: He Who Seeks Equity..., Stephen Utz

Faculty Articles and Papers

No abstract provided.


Erisa Preemption And Indirect Regulation Of Employee Welfare Plans Through State Insurance Laws, Leslie Levin Jan 1978

Erisa Preemption And Indirect Regulation Of Employee Welfare Plans Through State Insurance Laws, Leslie Levin

Faculty Articles and Papers

The Employee Retirement Income Security Act of 1974 (ERISA), enacted to correct widespread abuses in the area of employee benefit plans, imposes federal minimum standards for plan reporting and disclosure, vesting, funding, and fiduciary responsibilities. To ensure national uniformity, section 514 preempts state laws that "relate to" employee benefit plans. Since ERISA affects many areas traditionally governed by state law, the extent to which states may continue to regulate certain activities whenever such regulation "relate[s] to" employee benefit plans has been the subject of much litigation.


Corporate Responsibility And The Employee's Duty Of Loyalty And Obedience: A Preliminary Inquiry, Phillip Blumberg Jan 1971

Corporate Responsibility And The Employee's Duty Of Loyalty And Obedience: A Preliminary Inquiry, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.