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Full-Text Articles in Law

Chosen Family, Care, And The Workplace, Deborah Widiss Nov 2021

Chosen Family, Care, And The Workplace, Deborah Widiss

Articles by Maurer Faculty

Employees often request time off work to care for the medical needs of loved ones who are part of their extended or chosen family. Until recently, most workers would not have had any legal right to take such leave. A rapidly growing number of state laws, however, not only guarantee paid time off for family health needs, but also adopt innovative and expansive definitions of eligible family.

Several provide leave to care for intimate partners without requiring legal formalization of the relationship. Some go further to include any individual who has a relationship with the employee that is “like” or ...


2021 Labor Day Facts - Travel, Money & More: Ask The Experts, John S. Kiernan, Erin J. Hendrickson Aug 2021

2021 Labor Day Facts - Travel, Money & More: Ask The Experts, John S. Kiernan, Erin J. Hendrickson

Popular Media

No abstract provided.


A Roadmap To Revising Ethiopia’S Gender Discriminatory Laws: A Comparative Analysis, Rangita De Silva De Alwis Jul 2021

A Roadmap To Revising Ethiopia’S Gender Discriminatory Laws: A Comparative Analysis, Rangita De Silva De Alwis

Faculty Scholarship at Penn Law

Ethiopia is Africa's oldest independent country, the second-most populous nation in Africa, and one of the founding members of the Organization of African Unity (OAU), which was established on 25 May 1963 and replaced by the African Union (AU) in 2002. The headquarters of the AU is based in Addis Ababa. Today, Ethiopia has the largest GDP in East Africa and its economy is also one of the fastest growing economies in the world.

Ethiopia is one of the few countries in the world which had achieved gender parity in the cabinet, and where women hold the positions of ...


Using The Iied Tort To Address Discrimination And Retaliation In The Workplace, Alex B. Long Apr 2021

Using The Iied Tort To Address Discrimination And Retaliation In The Workplace, Alex B. Long

UTK Law Faculty Publications

Citing the need to preserve managerial discretion, courts frequently espouse the need to adopt an “especially strict approach” in cases of intentional infliction of emotional distress (IIED) in the workplace. As a result, the IIED tort currently has a limited role to play in the fight against workplace discrimination and harassment. At the same time, a few courts – almost undetected in the literature on the subject - have recognized that one form of employer conduct may merit special treatment when assessing an IIED claim against an employer. According to these courts, the fact that an employer has engaged in retaliatory conduct ...


2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law Mar 2021

2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Age Diversity, Alexander Boni-Saenz Jan 2021

Age Diversity, Alexander Boni-Saenz

All Faculty Scholarship

This Article is the first to examine age diversity in the legal literature, mapping out its descriptive, normative, and legal dimensions. Age diversity is a plural concept, as heterogeneity of age can take many forms in various human institutions. Likewise, the normative rationales for these assorted age diversities are rooted in distinct theoretical foundations, making the case for or against age diversity contextual rather than universal. A host of legal rules play a significant role in regulating age diversity, influencing the presence of different generations in the workplace, judiciary, and Congress. Better understanding the nature and consequences of age diversity ...


Covid-19 Employee Health Checks, Remote Work, And Disability Law, Elizabeth Pendo Jan 2021

Covid-19 Employee Health Checks, Remote Work, And Disability Law, Elizabeth Pendo

All Faculty Scholarship

The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities, about 61 million individuals in the U.S. The law’s protections in the workplace are especially important during COVID-19, which has worsened pre-existing disparities experienced by people with disabilities. The ADA also applies to new strategies to reduce the risk of COVID-19 infection in the workplace. This Chapter will focus on two strategies that impact individuals with and without disabilities – employee health screening, testing and vaccination policies, and new or expanded remote work programs.


Disclosing Discrimination, Stephanie Bornstein Jan 2021

Disclosing Discrimination, Stephanie Bornstein

UF Law Faculty Publications

In the United States, enforcement of laws prohibiting workplace discrimination rests almost entirely on the shoulders of employee victims, who must first file charges with a government agency and then pursue litigation themselves. While the law forbids retaliation against employees who complain, this does little to prevent it, in part because employees are also responsible for initiating any claims of retaliation they experience as a result of their original discrimination claims. The burden on employees to complain—and their justified fear of retaliation if they do so—results in underenforcement of the law and a failure to spot and redress ...


Rwu Law Equity Scorecard February 2021, Roger Williams University School Of Law Jan 2021

Rwu Law Equity Scorecard February 2021, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Can Contract Emancipate? Contract Theory And The Law Of Work, Hanoch Dagan, Michael A. Heller Jan 2021

Can Contract Emancipate? Contract Theory And The Law Of Work, Hanoch Dagan, Michael A. Heller

Faculty Scholarship

Contract and employment law have grown apart. Long ago, each side gave up on the other. In this Article, we re-unite them to the betterment of both. In brief, we demonstrate the emancipatory potential of contract for the law of work.

Today, the dominant contract theories assume a widget transaction between substantively equal parties. If this were an accurate description of what contract is, then contract law would be right to expel workers. Worker protections would indeed be better regulated by – and relegated to – employment and labor law. But contract law is not what contract theorists claim. Neither is contract ...


The Pro Bono Collaborative Project Spotlight: Can You Help? December 2020, Roger Williams University School Of Law Dec 2020

The Pro Bono Collaborative Project Spotlight: Can You Help? December 2020, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


Law School News: Yelnosky Patio Dedicated 11/16/2020, Michael M. Bowden Nov 2020

Law School News: Yelnosky Patio Dedicated 11/16/2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Law School News: A Fond Farewell To Dean Michael Yelnosky 06-26-2020, Michael M. Bowden Jun 2020

Law School News: A Fond Farewell To Dean Michael Yelnosky 06-26-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Roger Williams University School Of Law Commencement, May 15, 2020, Bristol, Rhode Island, Roger Williams University School Of Law May 2020

Roger Williams University School Of Law Commencement, May 15, 2020, Bristol, Rhode Island, Roger Williams University School Of Law

School of Law Commencement (1996- )

No abstract provided.


Expungement Of Criminal Convictions: An Empirical Study, J.J. Prescott, Sonja B. Starr May 2020

Expungement Of Criminal Convictions: An Empirical Study, J.J. Prescott, Sonja B. Starr

Articles

Laws permitting the expungement of criminal convictions are a key component of modern criminal justice reform efforts and have been the subject of a recent upsurge in legislative activity. This debate has been almost entirely devoid of evidence about the laws’ effects, in part because the necessary data (such as sealed records themselves) have been unavailable. We were able to obtain access to de-identified data that overcome that problem, and we use it to carry out a comprehensive statewide study of expungement recipients and comparable nonrecipients in Michigan. We offer three key sets of empirical findings. First, among those legally ...


Law School News: Faq For 1ls 04-16-2020, Roger Williams University School Of Law Apr 2020

Law School News: Faq For 1ls 04-16-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Women In Law Leadership: Inaugural Lecture: A "Fireside Chat" With Gillian Lester 2-18-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen Feb 2020

Women In Law Leadership: Inaugural Lecture: A "Fireside Chat" With Gillian Lester 2-18-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen

School of Law Conferences, Lectures & Events

No abstract provided.


Law School News: 'Injustice Dehumanizes Everyone It Touches' 1-31-2020, Michael M. Bowden Jan 2020

Law School News: 'Injustice Dehumanizes Everyone It Touches' 1-31-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


The 15th Annual Rev. Dr. Martin Luther King, Jr. Celebration Keynote Address 1-28-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen Jan 2020

The 15th Annual Rev. Dr. Martin Luther King, Jr. Celebration Keynote Address 1-28-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen

School of Law Conferences, Lectures & Events

No abstract provided.


The Politics Of Pregnancy Accommodation, Stephanie Bornstein Jan 2020

The Politics Of Pregnancy Accommodation, Stephanie Bornstein

UF Law Faculty Publications

How can antidiscrimination law treat men and women “equally” when it comes to the issue of pregnancy? The development of U.S. law on pregnancy accommodation in the workplace tells a story of both legal disagreements about the meaning of “equality” and political disagreements about how best to achieve “equality” at work for women. Federal law has prohibited sex discrimination in the workplace for over five decades. Yet, due to long held gender stereotypes separating work and motherhood, the idea that prohibiting sex discrimination requires a duty to accommodate pregnant workers is a relatively recent phenomenon—and still only partially ...


Discrimination, The Speech That Enables It, And The First Amendment, Helen Norton Jan 2020

Discrimination, The Speech That Enables It, And The First Amendment, Helen Norton

Articles

Imagine that you’re interviewing for your dream job, only to be asked by the hiring committee whether you’re pregnant. Or HIV positive. Or Muslim. Does the First Amendment protect your interviewers’ inquiries from government regulation? This Article explores that question.

Antidiscrimination laws forbid employers, housing providers, insurers, lenders, and other gatekeepers from relying on certain characteristics in their decision-making. Many of these laws also regulate those actors’ speech by prohibiting them from inquiring about applicants’ protected class characteristics; these provisions seek to stop illegal discrimination before it occurs by preventing gatekeepers from eliciting information that would enable them ...


Disgorging Harvey Weinstein's Salary, Jessica K. Fink Jan 2020

Disgorging Harvey Weinstein's Salary, Jessica K. Fink

Faculty Scholarship

Harvey Weinstein dramatically altered the way that people view sexual harassment in the workplace. While workplace sexual harassment is far from a new phenomenon – with many perpetrators of such harassment (including Weinstein himself) having gotten away with this misbehavior for decades – the exposure of Weinstein’s misdeeds opened the floodgates, leading countless women from a variety of work environments to share their own experiences with sexual harassment at work. As the #MeToo movement has continued to occupy the headlines, workplace harassment has begun to seem as ubiquitous as it is distressing.

This intensified spotlight on sexual harassment has exposed a ...


The New "Essential": Rethinking Social Goods In The Age Of Covid-19, Olatunde C.A. Johnson Jan 2020

The New "Essential": Rethinking Social Goods In The Age Of Covid-19, Olatunde C.A. Johnson

Faculty Scholarship

The Covid-19 crisis has laid bare the fragility of social insurance systems in the United States and the lack of income security and basic benefits for many workers and residents. The pandemic has had a particularly grave impact on people of color and low-income individuals, while also affecting a wide array of tenants, students, and health care, service and “gig” workers. One consequence for law and policy is that addressing the social dislocations caused by the pandemic might lead to profound changes in what Americans consider essential goods for a sustainable society. This chapter examines government efforts to buttress the ...


Form, Substance And Recharacterisation, Pey Woan Lee Nov 2019

Form, Substance And Recharacterisation, Pey Woan Lee

Research Collection School Of Law

This chapterexamines the jurisprudence of recharacterisations in the selective areas of tenancy, employment,trusts and financing arrangements. It argues that the characterisation of atransaction is always a question of law informed by policy considerations. Specifically,recharacterisations are concerned with avoidancesso the central question is whetherand to what extent parties are legally permitted to ‘contract out’ of astatutory regime or the legal incidents of a relationship. As such, the processof recharacterisation is not reducible to the application of narrow legaldoctrines, nor is it merely an exercise in contractual interpretation. As willbe observed, English courts generally incorporate policy considerations in thisdiscourse but ...


Law School News: Dean Michael Yelnosky To Step Down After 2019-20 Academic Year 9-5-2019, Jill Rodrigues, Roger Williams University School Of Law Sep 2019

Law School News: Dean Michael Yelnosky To Step Down After 2019-20 Academic Year 9-5-2019, Jill Rodrigues, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Law School News: Millennial Law 08-21-2019, Dick Dahl Aug 2019

Law School News: Millennial Law 08-21-2019, Dick Dahl

Life of the Law School (1993- )

No abstract provided.


Future Work, Jeffrey M. Hirsch Jul 2019

Future Work, Jeffrey M. Hirsch

AI-DR Collection

The Industrial Revolution. The Digital Age. These revolutions radically altered the workplace and society. We may be on the cusp of a new era—one that will rival or even surpass these historic disruptions. Technology such as artificial intelligence, robotics, virtual reality, and cutting-edge monitoring devices are developing at a rapid pace. These technologies have already begun to infiltrate the workplace and will continue to do so at ever increasing speed and breadth.

This Article addresses the impact of these emerging technologies on the workplace of the present and the future. Drawing upon interviews with leading technologists, the Article explains ...


Brief Of Brian Wolfman, Aderson B. Francois, And Eric Schnapper As Amici Curiae In Support Of Petitioner In Peterson V. Linear Controls Incorporated, No. 18-1401 (U.S. Supreme Court June 6, 2019), Brian Wolfman, Aderson B. François Jun 2019

Brief Of Brian Wolfman, Aderson B. Francois, And Eric Schnapper As Amici Curiae In Support Of Petitioner In Peterson V. Linear Controls Incorporated, No. 18-1401 (U.S. Supreme Court June 6, 2019), Brian Wolfman, Aderson B. François

U.S. Supreme Court Briefs

In Title VII disparate-treatment, employment-discrimination cases, the term “adverse employment action” originally developed as judicial shorthand for the statute’s text, which broadly prohibits any discriminatory conduct by an employer against an employee based on the employee's race, color, religion, sex, or national origin. See 42 U.S.C. 2000e-2(a)(1). But what started simply as shorthand has taken on a life of its own and now improperly limits the statute’s reach. The Fifth Circuit’s version of the adverse-employment-action rule stands out as especially improper: Only an “ultimate employment decision”—a refusal to hire, a firing ...


“It’S Hard Out Here If You’Re A Black Felon”: A Critical Examination Of Black Male Reentry, Jason M. Williams, Sean K. Wilson, Carrie Bergeson May 2019

“It’S Hard Out Here If You’Re A Black Felon”: A Critical Examination Of Black Male Reentry, Jason M. Williams, Sean K. Wilson, Carrie Bergeson

Department of Justice Studies Faculty Scholarship and Creative Works

Formerly incarcerated Black males face many barriers once they return to society after incarceration. Research has long established incarceration as a determinant of poor health and well-being. While research has shown that legally created barriers (e.g., employment, housing, and social services) are often a challenge post-incarceration, far less is known of Black male’s daily experiences of reentry. Utilizing critical ethnography and semi-structured interviews with formerly incarcerated Black males in a Northeastern community, this study examines the challenges Black males experience post-incarceration.


Competition Policy For Labour Markets, Herbert J. Hovenkamp May 2019

Competition Policy For Labour Markets, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

Competition law in many jurisdictions defines its consumer welfare goal in terms of low consumer prices. For example, mergers are challenged when they threaten to cause a price increase from reduced competition in the post-merger market. While the consumer welfare principle is under attack in some circles, it remains the most widely expressed goal of antitrust policy.

We would do better, however, to define consumer welfare in terms of output rather than price. Competition policy should strive to facilitate the highest output in any market that is consistent with sustainable competition. That goal is in most ways the same as ...