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Series

2012

Faculty Articles

Labor and Employment Law

Articles 1 - 3 of 3

Full-Text Articles in Law

Citizens, United And Citizens United: The Future Of Labor Speech Rights?, Charlotte Garden Jan 2012

Citizens, United And Citizens United: The Future Of Labor Speech Rights?, Charlotte Garden

Faculty Articles

Within hours of its announcement, the Supreme Court's decision in Citizens United v. FEC came under attack from progressive groups. Among these groups were some of America's largest labor unions-even though the decision applies equally to unions and for-profit corporations. The reason is clear: there exist both practical and structural impediments that will prevent unions from benefitting from Citizens United to the same extent as corporations. Therefore, Citizens United stands to unleash a torrent of corporate electioneering that could drown out the countervailing voice of organized labor.

This article, however, takes a broader view of Citizens United to explore a …


Teaching For America: Unions And Academic Freedom, Charlotte Garden Jan 2012

Teaching For America: Unions And Academic Freedom, Charlotte Garden

Faculty Articles

Much of the current controversy regarding the rights and responsibilities of public-sector employees and their unions has focused on elementary and secondary school teachers. On one side of that controversy, critics of teachers and teachers' unions argue that teachers are overpaid civil servants and that unions’ focus on wages and working conditions comes at the expense of students’ learning. On the other side, teachers’ unions and their supporters focus on the unique role educators play in forming the next generation of citizens and the need to adequately support teachers in fulfilling that role.

Implicit in this discourse are two distinct …


Diversity And The Virtual Workplace: Performance Identity And Shifting Boundaries Of Workplace Engagement, Natasha T. Martin Jan 2012

Diversity And The Virtual Workplace: Performance Identity And Shifting Boundaries Of Workplace Engagement, Natasha T. Martin

Faculty Articles

This article explores the meaning of workplace discrimination where reality meets the imaginary world in virtual work settings. Using a more recent development in the realm of virtual work--workplace avatars--the article considers the impact on law of virtual performance identity by workers where appearances can be altered in virtual reality.

Current protected-class approaches to antidiscrimination law have not served as the antidote to workplace bias and exclusion. Thus, the article investigates whether avatar technology holds promise for facilitating greater inclusion of marginalized workers in the contemporary workplace. Does this mode of virtual work serve as a platform for diversity or …