Open Access. Powered by Scholars. Published by Universities.®
- Publication Year
Articles 31 - 44 of 44
Full-Text Articles in Law
Dealing With Diversity: Changing Theories Of Discrimination, Deborah Calloway
Dealing With Diversity: Changing Theories Of Discrimination, Deborah Calloway
Faculty Articles and Papers
No abstract provided.
Accommodating Pregnancy In The Workplace, Deborah Calloway
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
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
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
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
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
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
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
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
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
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
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
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
Corporate Responsibility And The Employee's Duty Of Loyalty And Obedience: A Preliminary Inquiry, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.