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1996

Labor and Employment Law

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Articles 31 - 60 of 128

Full-Text Articles in Law

Community Guide To Environmental & Occupational Safety Laws - Part Ii - Your Right To A Clean Environment: Review Of Selected Environmental Laws Apr 1996

Community Guide To Environmental & Occupational Safety Laws - Part Ii - Your Right To A Clean Environment: Review Of Selected Environmental Laws

Environmental Law and Justice Clinic

The Environmental Law and Justice Clinic ("ELJC") of Golden Gate University School of Law developed this part of the Community Guide to assist you and your community in addressing environmental pollution concerns. It explains several state and federal environmental laws, and provides an overview of several governmental agencies responsible for enforcing these laws. We hope you will fmd this Community Guide useful, such as when you want to identify and contact a governmental agency, obtain information about an environmental hazard in your neighborhood or workplace, participate in an environmental decision-making process, or voice your concerns on a particular environmental issue …


How Will Welfare Recipients Fare In The Labor Market?, Jeffrey S. Lehman, Sheldon Danziger Apr 1996

How Will Welfare Recipients Fare In The Labor Market?, Jeffrey S. Lehman, Sheldon Danziger

Cornell Law Faculty Publications

No abstract provided.


Keeping The Government Out Of The Way: Project Labor Agreements Under The Supreme Court's Boston Harbor Decision, Henry H. Perritt Jr. Mar 1996

Keeping The Government Out Of The Way: Project Labor Agreements Under The Supreme Court's Boston Harbor Decision, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Interference On Both Sides: The Case Against The Nfl-Nflpa Contract, Robert A. Mccormick Mar 1996

Interference On Both Sides: The Case Against The Nfl-Nflpa Contract, Robert A. Mccormick

Washington and Lee Law Review

No abstract provided.


Sexual Harassment Policies: An Employer's Burden Or Advantage?, Lisa L. Fowler Mar 1996

Sexual Harassment Policies: An Employer's Burden Or Advantage?, Lisa L. Fowler

Brigham Young University Journal of Public Law

No abstract provided.


Separating Business Decisions And Fiduciary Duty In Erisa Litigation?, Mary O. Jensen Mar 1996

Separating Business Decisions And Fiduciary Duty In Erisa Litigation?, Mary O. Jensen

Brigham Young University Journal of Public Law

No abstract provided.


Arbitrating Statutory Employment Claims In The Aftermath Of Gilmer, Martin H. Malin Feb 1996

Arbitrating Statutory Employment Claims In The Aftermath Of Gilmer, Martin H. Malin

All Faculty Scholarship

No abstract provided.


Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin Feb 1996

Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin

All Faculty Scholarship

No abstract provided.


Adarand Constructors, Inc. V. Pena And The Continuing Irrelevance Of Supreme Court Affirmative Action Decisions, Neal Devins Feb 1996

Adarand Constructors, Inc. V. Pena And The Continuing Irrelevance Of Supreme Court Affirmative Action Decisions, Neal Devins

William & Mary Law Review

No abstract provided.


Perception Or Reality?: Some Reflections On The Interpretation Of Disability Discrimination Statutes, Michael D. Moberly Jan 1996

Perception Or Reality?: Some Reflections On The Interpretation Of Disability Discrimination Statutes, Michael D. Moberly

Hofstra Labor & Employment Law Journal

No abstract provided.


Innovations In Collective Bargaining: Nummi - Driven To Excellence, Marley S. Weiss Jan 1996

Innovations In Collective Bargaining: Nummi - Driven To Excellence, Marley S. Weiss

Hofstra Labor & Employment Law Journal

No abstract provided.


First, Do No Harm: Why Doctors Are Not Omnipotent Under The Americans With Disabilities Act, Sharona Hoffman Jan 1996

First, Do No Harm: Why Doctors Are Not Omnipotent Under The Americans With Disabilities Act, Sharona Hoffman

Hofstra Labor & Employment Law Journal

No abstract provided.


Step Up To The Bargaining Table: A Call For The Unionization Of Minor League Baseball, David M. Szuchman Jan 1996

Step Up To The Bargaining Table: A Call For The Unionization Of Minor League Baseball, David M. Szuchman

Hofstra Labor & Employment Law Journal

No abstract provided.


Pandora's (E-Mail) Box: E-Mail Monitoring In The Workplace, John Araneo Jan 1996

Pandora's (E-Mail) Box: E-Mail Monitoring In The Workplace, John Araneo

Hofstra Labor & Employment Law Journal

No abstract provided.


A Tale Of Two Opinions, Joseph R. Grodin Jan 1996

A Tale Of Two Opinions, Joseph R. Grodin

Faculty Scholarship

No abstract provided.


Arbitration Of Employment Discrimination Claims: Doctrine And Policy In The Wake Of Gilmer, Joseph R. Grodin Jan 1996

Arbitration Of Employment Discrimination Claims: Doctrine And Policy In The Wake Of Gilmer, Joseph R. Grodin

Faculty Scholarship

No abstract provided.


No Individual Liability For Managers Under The Americans With Disabilities Act Of 1990: Eeoc V. Aic Security Investigations, Ltd., William L. Morrissey Jr. Jan 1996

No Individual Liability For Managers Under The Americans With Disabilities Act Of 1990: Eeoc V. Aic Security Investigations, Ltd., William L. Morrissey Jr.

Villanova Law Review

No abstract provided.


Rethinking Civil Rights And Employment At Will: Toward A Coherent National Discharge Policy, Ann C. Mcginley Jan 1996

Rethinking Civil Rights And Employment At Will: Toward A Coherent National Discharge Policy, Ann C. Mcginley

Scholarly Works

America's employment discharge policy begs for reform. Although most states have created exceptions to the employment at will doctrine, the doctrine thrives. Title VII of the Civil Rights Act of 1964 (“Title VII”), which bans discrimination in employment based on race, gender, color, religion, and national origin, has proved ineffective in combating employment discrimination. Despite the statutory and common law exceptions to the employment at will doctrine, today's employees may have less job security than in the past. Although I applaud the Commissioners' efforts toward achieving justice in the workplace, I believe that abolishing the employment at will doctrine through …


Listening To Deaf Culture: A Reconceptualization Of Difference Analysis Under Title Vii, Mary Ellen Maatman Jan 1996

Listening To Deaf Culture: A Reconceptualization Of Difference Analysis Under Title Vii, Mary Ellen Maatman

Hofstra Labor & Employment Law Journal

This article at 13 Hofstra Labor Law Journal 269 (1996) considers and critiques the treatment of difference under federal antidiscrimination law by discussing and applying key insights from the "Deaf Culture" movement and its scholarship.


The Nlrb's Proposed Rule On The Appropriateness Of Single Location Bargaining Units: Clarity And Predictability, But Has Anything Changed?, Jonathan M. Kozak Jan 1996

The Nlrb's Proposed Rule On The Appropriateness Of Single Location Bargaining Units: Clarity And Predictability, But Has Anything Changed?, Jonathan M. Kozak

Hofstra Labor & Employment Law Journal

No abstract provided.


Multiemployer Bargaining And Withdrawing From The Association After Bargaining Has Begun: 38 Years Of "Unusual Circumstances" Under Retail Associates, Richard A. Bock Jan 1996

Multiemployer Bargaining And Withdrawing From The Association After Bargaining Has Begun: 38 Years Of "Unusual Circumstances" Under Retail Associates, Richard A. Bock

Hofstra Labor & Employment Law Journal

No abstract provided.


Arbitration Of Employment Discrimination Claims: Doctrine And Policy In The Wake Of Gilmer, Joseph R. Grodin Jan 1996

Arbitration Of Employment Discrimination Claims: Doctrine And Policy In The Wake Of Gilmer, Joseph R. Grodin

Hofstra Labor & Employment Law Journal

No abstract provided.


Guilty Knowledge, Daniel S. Kleinberger Jan 1996

Guilty Knowledge, Daniel S. Kleinberger

Faculty Scholarship

Agency law's attribution rules impose most of the risk of agent misconduct on the party who selects the agent and benefits from the agent's endeavors, i.e., the principal. The rules thus help establish and maintain a proper balance of risk between principals and third parties. Unfortunately, a recent unpublished decision of the Minnesota Court of Appeals, Engen v. Mitch's Bar & Grill, threatens to upset that balance and release principals from responsibility for an important type of information possessed by their agents. Engen is dangerous, despite its unpublished status. This Case Note seeks to eliminate any influence the case might …


Principles Of Insurance Coverage: A Guide For The Employment Lawyer, Francis J. Mootz Iii Jan 1996

Principles Of Insurance Coverage: A Guide For The Employment Lawyer, Francis J. Mootz Iii

Scholarly Works

Employment lawyers have witnessed a virtual revolution in the law of employment relations during the past thirty years. Although the federal government intervened substantially in private employment relationships in response to the economic catastrophe of the Great Depression, employers remained largely free of regulation until the explosion of statutes and common law developments that commenced in the 1960s and continues today. Recent developments in common law tort and contract principles are particularly troubling for defense counsel in employment matters, since the resulting doctrinal uncertainty renders it difficult to assess the client's exposure with any assurance until the appeals in the …


Principles Of Insurance Coverage: A Guide For The Employment Lawyer, Francis J. Mootz Iii Jan 1996

Principles Of Insurance Coverage: A Guide For The Employment Lawyer, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.


Unemployment Compensation: Continuity, Change, And The Prospects For Reform, Jerry L. Mashaw Jan 1996

Unemployment Compensation: Continuity, Change, And The Prospects For Reform, Jerry L. Mashaw

University of Michigan Journal of Law Reform

The Symposium proceedings for which this Introduction provides an overview had a decidedly reformative impulse and focus. Authors and discussants came together not just to ruminate about the future, but to grapple with concrete problems that are both a legacy of the past and the product of relatively recent changes. Reformers found much to criticize and to suggest, whether their focus was on stable structures or newly emerging issues. The purpose of this Introduction is to synthesize the views expressed and to reflect on them from the perspective of a student of benefits administration, but one not expert in the …


Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin Jan 1996

Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin

University of Michigan Journal of Law Reform

The demographics of the workplace have changed substantially since the nation's unemployment insurance system was enacted in the 1930s. The number of dual-earner and single-parent families has increased dramatically. Yet, the basic requirements for eligibility for unemployment compensation have not varied much since their initial enactment. In this Article, Professor Malin explores the availability of benefits to individuals who lose their jobs because of conflicts between work and family responsibilities and to unemployed individuals whose family responsibilities restrict the types of jobs that they are able to take. He finds that the states have differed greatly concerning the degree to …


A Case For Pregnancy-Based Unemployment Insurance, Mark R. Brown Jan 1996

A Case For Pregnancy-Based Unemployment Insurance, Mark R. Brown

University of Michigan Journal of Law Reform

Professor Brown argues that unemployment insurance laws should be amended to provide coverage to otherwise eligible, pregnant claimants. Under current law, women who quit because of pregnancy are either disqualified from receiving unemployment benefits altogether or qualify only after childbirth. Those who are fired, meanwhile, often either cannot prove the motivation for their discharge or discover that they are disqualified because of their unavailability for work. Professor Brown uses a case study to illustrate the problems posed by pregnancy and unemployment insurance. He proposes model legislation that extends coverage to all pregnant claimants who temporarily separate from their employment.


Procedural Reform In The Unemployment Insurance System, Marla D. Clark, Jesse S. Reyes Jan 1996

Procedural Reform In The Unemployment Insurance System, Marla D. Clark, Jesse S. Reyes

University of Michigan Journal of Law Reform

In the 1990s, we have witnessed a political movement toward smaller governament and reduced federal funding for social benefits programs. At the same time, evidence suggests that the unemployment insurance (UI) system as it works today still may not benefit all of its intended recipients. The need for improved UI services and the scarcity of resources available to meet this need create a tension between political pressures and constitutional considerations of fairness and due process. While constitutional considerations always override political pressures, the real issue is where to strike the appropriate balance between fundamental fairness and economic reality.


Clarifying Conditions For Nonmonetary Eligibility In The Unemployment Insurance System, Amy B. Chasanov Jan 1996

Clarifying Conditions For Nonmonetary Eligibility In The Unemployment Insurance System, Amy B. Chasanov

University of Michigan Journal of Law Reform

This Article explores the nonmonetary eligibility requirements that unemployed individuals must meet in order to receive Unemployment Insurance (UI) benefits. These eligibility criteria, which are decided by the states, vary significantly. Because states often have relatively vague statutes regarding their specific nonmonetary eligibility criteria, state rules, regulations, and case law interpret these statutes and better define the criteria. The author discusses the results of a recent survey of UI nonmonetary eligibility criteria which provides information on the status of criteria across the nation than has been available previously. The author concludes that policy reform in this area should be focused …