Law Commons^™

Filling An Enforcement Void: Using Testers To Uncover And Remedy Discrimination In Hiring For Lower-Skilled, Entry-Level Jobs, Michael J. Yelnosky

University of Michigan Journal of Law Reform

Part I of this Article concludes that the current enforcement scheme under Title VII has resulted in underenforcement of the Act in the context of hiring for lower-skilled, entry-level jobs and that testers should be used to fill that enforcement void. Part II agrees with the EEOC's conclusion that testers have standing to sue under Title VII.

Parts III and IV assert that the EEOC cannot rely on private testers to fill the enforcement void. First, under current doctrine, prevailing testers can obtain only "de minimis" or "technical" relief from an offending employer and therefore cannot recover attorneys' fees. Moreover, …

Public Employees' Right To Strike: Law And Experience, Martin H. Malin

University of Michigan Journal of Law Reform

This Article analyzes the law of and experience with the statutory right to strike in the public sector. Part I examines the policy debate over whether public employees should have a right to strike and concludes that reliance on the right to strike is superior to other forms of collective-bargaining dispute resolution in the public sector. The remainder of the Article focuses in detail on the experiences in Illinois and Ohio since those states legalized public employee strikes. The analysis is supplemented with an examination of the experiences with legalized strikes in Oregon and Pennsylvania. Part II compares and contrasts …