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Articles 1 - 6 of 6
Full-Text Articles in Law
Pay Secrecy/ Confidentiality Rules And The National Labor Relations Act, Rafael Gely, Leonard Bierman
Pay Secrecy/ Confidentiality Rules And The National Labor Relations Act, Rafael Gely, Leonard Bierman
Faculty Publications
This article seeks to provide a comprehensive account of doctrinal issues related to the use of pay secrecy/confidentiality rules (“PSC rules”) under the NLRA. In Part II, we describe what pay secrecy/confidentiality is and discuss recent survey evidence of their presence in workplaces across the United States. In Part III, we describe the current legal framework under which PSC rules are evaluated under the NLRA, while in Parts IV and V, we explore various doctrinal issues related to these rules in more detail. This leads us to Part VI, where we ponder the future of PSC rules under the NLRA …
Book Review Of Against Equality Of Opportunity, Michael Ashley Stein
Book Review Of Against Equality Of Opportunity, Michael Ashley Stein
Faculty Publications
No abstract provided.
Supreme Court's 2002 Term Employment Law Cases: Is This Justice Scalia's Court?, Rafael Gely
Supreme Court's 2002 Term Employment Law Cases: Is This Justice Scalia's Court?, Rafael Gely
Faculty Publications
In a recent article,' Erwin Chemerinsky argues that the Supreme Court's constitutional law decisions of the 2002 Term "cannot be explained by any overarching theory or underlying set of interpretative principles." Instead, he argues, "constitutional law is all about value choices made by the Justices." Professor Chemerinsky also argues that given the current composition of the Court, "it is the value choices of the middle" - Justice O'Connor and Justice Kennedy - that matter the most. Professor Chemerinsky ends his article with the assertion that "[f]or better or worse, this really is the O'Connor Court." In reviewing the cases decided …
"Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond
"Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond
Faculty Publications
This article will consider four areas of concern. First, the structural changes underway in the Chinese economy are creating both domestic and international imbalances that exacerbate inequalities among Chinese workers and create new inequities in the global labor market. Second, the Chinese regime's approach to labor rights remains rigidly authoritarian and, as a result, it is triggering ever more dramatic confrontations between workers and the Chinese state, despite the regime's nominal commitment to "socialism." Third, these developments are being reinforced by a pathological evolution in the principles that govern key international institutions such as the WTO and the ILO. A …
Priestley V. Fowler (1837) And The Emerging Tort Of Negligence, Michael Ashley Stein
Priestley V. Fowler (1837) And The Emerging Tort Of Negligence, Michael Ashley Stein
Faculty Publications
Priestly v. Fowler has long been noted as the source of the doctrine of common employment. This Article, however, argues that the case is better understood in the context of the then-emerging independent tort of negligence-specifically, as an unsuccessful attempt to require of masters a duty of care towards their servants. The Article re-examines the facts, arguments, personalities, and various reported versions of the case in tracing the effort to establish a new duty of care. The Article traces, as well, to another case, Hutchinson v. York, the true origins of the common employment doctrine. Finally, the Article compares the …
Corrective Justice And Title I Of The Ada, Sharona Hoffman
Corrective Justice And Title I Of The Ada, Sharona Hoffman
Faculty Publications
Several recent studies have shown that employment discrimination plaintiffs filing lawsuits in federal court under Title I of the Americans with Disabilities Act (ADA) win only approximately five percent of their cases. This Article argues that this phenomenon is attributable at least in part to the ADA's very flawed definition of the term "disability." It suggests that the current definition be abandoned and that a new approach be adopted, one that would reshape the ADA's protected class so that it more closely resembles a discrete and insular minority, such as those traditionally protected by the civil rights laws. While Title …