Law Commons^™

Tempering Title Vii's Straight Arrow Approach: Recognizing And Protecting Gay Victims Of Employment Discrimination, Marie E. Peluso

Vanderbilt Law Review

Consider the following scenario: Jerry, an outstanding graduate of Superior University's business school, has worked for Moneytree & Cashdollar, a prestigious investment banking firm, for three years. In that period, Jerry's hard work and keen instincts helped increase Moneytree's revenues by several million dollars. In addition, Jerry received two awards for landing important new clients. The firm's managing partners have discussed promoting Jerry to junior vice president, an executive position typically reserved for qualified fifth year employees. Jerry's supervisors and peers enthusiastically commend his dedication and skill. Two weeks before the vote on his promotion, Jerry lured a particularly valuable …

Labor Law Successorship: A Corporate Law Approach, Edward B. Rock, Michael L. Wachter

Michigan Law Review

In this article, we take an approach fundamentally different from that of the labor law commentators. We start from a broader perspective than is common: successorship is as important an issue for corporate law as it is for labor law. Given that the two principal inputs to the firm are labor and capital, it would be surprising if the laws for labor law successorship were completely different from the laws for corporate law successorship. To the extent that differences exist, those differences should hinge upon differences between the employees' and the creditors' relationships with the firm.

The Law And Metaphor Of Boycott, Gary Minda

Buffalo Law Review

No abstract provided.

Life-Cycle Justice: Accommodating Just Cause And Employment At Will, Stuart J. Schwab

Michigan Law Review

The goal of this article is to articulate a coherent framework for understanding the default rules for employment termination. While most observers see chaos here, I find a certain logic in the leading cases. The courts have been boldest when job protection is most appropriate, and they have hesitated precisely when at will plays its most useful role.

The Constitutionality Of Employer-Accessible Child Abuse Registries: Due Process Implications Of Governmental Occupational Blacklisting, Michael R. Phillips

Michigan Law Review

This Note discusses the due process implications of permitting employer access to state child abuse registries when disclosure affects registry members' employment.

Child Labor In America: An Historical Analysis, Caroline G. Trinkley

In the Public Interest

No abstract provided.

Our Eroding Industrial Base: U.S. Labor Laws Compared With Labor Laws Of Less Developed Nations In Light Of The Global Economy, Andrew K. Stutzman

Penn State International Law Review

No abstract provided.

St. Mary's Honor Center V. Hicks: Interpretation Of Title Vii Takes A Wrong Turn, Teresa C. Postle

West Virginia Law Review

No abstract provided.

And Promises To Keep: The Future In Employment Discrimination, Julia C. Lamber

Indiana Law Journal

No abstract provided.

Economically Targeted Investments: Can Public Pension Plans Do Good And Do Well?, Patrick S. Cross

Indiana Law Journal

No abstract provided.

Complete Justice: Upholding The Principles Of Title Vii Through Appropriate Treatment Of After-Acquired Evidence, Jennifer Miyoko Follette

Washington Law Review

Congress enacted Title VII of the 1964 Civil Rights Act to combat employment discrimination and to provide relief to discrimination victims. The 1972 and 1991 amendments strengthened the statute and delineated a clear congressional commitment to the statute's purposes. In most cases the courts have utilized the statutes remedial provisions to deter further discriminatory conduct and to provide relief to victims. However, the majority of federal circuit courts which have addressed the issue deny a remedy to plaintiffs in cases where an employer discovers evidence of an employee's misrepresentations on a resume or evidence of misconduct on the job after …

Statistical Proof Of Discrimination: Beyond "Damned Lies", Kingsley R. Browne

Washington Law Review

Evidence that an employer's work force contains fewer minorities or women than would be expected if selection were random with respect to race and sex has been taken as powerful—and often sufficient—evidence of systematic intentional discrimination. In relying on this kind of statistical evidence, courts have made two fundamental errors. The first error is assuming that statistical analysis can reveal the probability that observed work-force disparities were produced by chance. This error leads courts to exclude chance as a cause when such a conclusion is unwarranted. The second error is assuming that, except for random deviations, the work force of …

Meeting The Demands Of Workers Into The Twenty-First Century: The Future Of Labor And Employment Law, Kenneth G. Dau-Schmidt

Indiana Law Journal

No abstract provided.

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

The significant developments during the 1992 survey period in the area of employment discrimination related more closely to statutory changes than to decisions handed down either by the United States Supreme Court or the United States Court of Appeals for the Eleventh Circuit. Of course 1992 will long be remembered as the year that ushered in the much publicized Americans with Disabilities Act ("ADA"), an act that will no doubt become known as the most far-reaching employment legislation of the 1990s. Although no ADA cases have, as yet, progressed to the Eleventh Circuit level, many administrative charges already have been …

Labor Law, Benton J. Mathis Jr., Leigh C. Lawson, Christopher E. Parker

Mercer Law Review

This Article surveys the 1992 decisions of the United States Court of Appeals for the Eleventh Circuit that impacted the area of traditional labor law. More specifically, the cases addressed in this Article include noteworthy decisions under the National Labor Relations Act ("NLRA"), the Labor Management Relations Act ("LMRA"), the Fair Labor Standards Act of 1938 ("FLSA"), the Occupational Safety and Hazard Act ("OSHA"), and the Employee Retirement Income Security Act of 1974 ("ERISA").

This Article does not discuss every case decided by the Eleventh Circuit addressing these federal labor laws during the survey year of 1992; also, this Article …

Wallace V. Dunn Construction Co.: Defining The Role Of After-Acquired Evidence In Federal Employment Discrimination Suits, Hugh Lawson Iii

Mercer Law Review

In Wallace v. Dunn Construction Co. the Eleventh Circuit Court of Appeals faced an issue of first impression in the circuit: the role of after-acquired evidence in actions arising under federal employment discrimination statutes, namely Title VII of the Civil Rights Act of 1964 and the Equal Pay Act. The court held that after-acquired evidence cases in which an employer discovers evidence constituting a permissible reason for discharging an employee after that employee has already been discharged for an impermissible reason are distinguishable from mixed-motive cases in which an employer discharges an employee for several reasons, some permissible and …

Thailand's State Enterprise Labor Relations Act: Denying Public Employees The Right Of Association And The Right To Organize And Bargain Collectively, Kelly A. Doelman

Washington International Law Journal

On April 15, 1991, Thailand's new legislative body enacted the State Enterprise Labor Relations Act, removing public employees from the dominion of the Labor Relations Act and dissolving the existing public labor unions. This Act has had a crippling effect on the entire Thai labor movement, which historically relied on the leadership and influence of public unions to promote private industry worker interests. This Comment argues that the State Enterprise Labor Relations Act contains many provisions which violate internationally accepted labor standards, specifically the right of association and the right to organize and bargain collectively. This Comment further asserts that …

Workplace Injury Litigation, Scott S. Segal, Jeffrey V. Mehalic, Mark R. Staun

West Virginia Law Review

No abstract provided.

Understanding Mixed Motives Claims Under The Civil Rights Act Of 1991: An Analysis Of Intentional Discrimination Claims Based On Sex-Stereotyped Interview Questions, Heather K. Gerken

Michigan Law Review

This Note analyzes the Civil Rights Act of 1991 and relevant case law to determine whether posing sex-stereotyped interview questions is actionable conduct under Title VII. It questions whether proof of discrimination during a phase in the hiring process, specifically during the interview stage, supports a Title VII claim without other independent evidence that the hiring decision was discriminatory. Part I explains that the circuit courts have envisioned the impact of discrimination during the hiring process differently and, as a result, are divided in determining whether sex-stereotyped interview questions are actionable under Title VII. Part II examines the legislative history …

Rodrigo's Second Chronicle: The Economics And Politics Of Race, Richard Delgado

Michigan Law Review

A Review of Forbidden Grounds: The Case Against Employment Discrimination Laws by Richard Epstein

"Take This Job And Shove It": The Rise Of Free Labor, Jonathan A. Bush

Michigan Law Review

A Review of The Invention of Free Labor: The Employment Relation in English and American Law and Culture, 1350-1870 by Robert J. Steinfeld

Hoffa, James S. Beall

Michigan Law Review

A Review of Hoffa by Arthur A. Sloane

The Affirmative Action/Quota Issue: Back To The Future In The Year 2000? (The Ben J. Altheimer Lecture), James E. Jones Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Extraterritorial Employment Standards of the United States: The Regulation of the Overseas Workplace

By James Michael Zimmerman

New York, New York: Quorum Books, 1992. Pp.206.

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Fact-Finding before International Tribunals

Edited by Richard B. Lillich

Irvington-on-Hudson, New York: Transnational Publishers Inc., 1992, Pp. 338.

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International Human Rights Law in the Commonwealth Caribbean

Edited by Angela D. Byre and Bevereley Y. Byfield

Dordrecht, The Netherlands: Martinus Nijhoff Publishers, 1991. Pp. 398.

Rum Creek Coal Sales, Inc. V. Caperton: The Fourth Circuit Preempts West Virginia's Neutrality Statute, Kelly R. Reed

West Virginia Law Review

No abstract provided.

Rights Of Mine Access For Miners' Representatives: Has A Walk Around The Mine Become A Run Around The Law, Rosemary M. Collyer, J. Michael Klise

West Virginia Law Review

No abstract provided.

Labor Dispute Disqualification For Unemployment Compensation Benefits, Ken Matheny

West Virginia Law Review

No abstract provided.

Agenda For Canadian Labour Law Reform: A Little Liberal Law, Much More Democratic Socialist Politics, Harry J. Glasbeek

Osgoode Hall Law Journal

Statutory collective bargaining has been the linchpin of Canadian industrial relations since World War I. It yielded benefits to large segments of workers, although its reach and impact were always exaggerated. As the economic entente which underpinned the scheme is unravelling, workers fight desperately to hang onto a system which, in retrospect, looks even better than it did before. But the narrow, male-centred, economic premises of collective bargaining make statutory collective bargaining reform a poor vehicle with which to offset employer attacks on the working classes. An agenda which seeks to link the economic and the political, men and women, …

Australian Compulsory Arbitration: Will It Survive Into The Twenty-First Century?, Richard Mitchell, Richard Naughton

Osgoode Hall Law Journal

Over the past decade Australia has struggled to come to grips with the decline of its traditional economic and industrial structures, and the need to accommodate itself to the international context. Since 1900 Australia has had an industrial relations system highly regulated by law. Economic and political pressures are challenging the continuing relevance of this system, and particularly its ability to adapt to the need for an "enterprise-based" industrial relations culture. This article examines the type of industrial relations system erected under compulsory arbitration in Australia, its impact upon various aspects of the labour market, and the incremental nature of …

A Review Of The Law And Teacher Employment, Douglas F. Bates

Brigham Young University Education and Law Journal

No abstract provided.