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2000

Labor and Employment Law

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Articles 121 - 150 of 153

Full-Text Articles in Law

Piercing The Corporate Veil To Recover Pension Payments: It's Time To Address The Issue, 33 J. Marshall L. Rev. 497 (2000), Nella Disanto Jan 2000

Piercing The Corporate Veil To Recover Pension Payments: It's Time To Address The Issue, 33 J. Marshall L. Rev. 497 (2000), Nella Disanto

UIC Law Review

No abstract provided.


The Pullman Strike: Yesterday, Today, And Tomorrow, 33 J. Marshall L. Rev. 583 (2000), William J. Adelman, Gerald E. Berendt, Melvin G. Holli Jan 2000

The Pullman Strike: Yesterday, Today, And Tomorrow, 33 J. Marshall L. Rev. 583 (2000), William J. Adelman, Gerald E. Berendt, Melvin G. Holli

UIC Law Review

No abstract provided.


"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, 34 J. Marshall L. Rev. 207 (2000), Regina Austin Jan 2000

"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, 34 J. Marshall L. Rev. 207 (2000), Regina Austin

UIC Law Review

No abstract provided.


Race Consciousness: Can Thick, Legal Contextual Analysis Assist Poor, Low-Status Workers Overcome Discriminatory Hurdles In The Fast Food Industry? A Reply To Regina Austin, 34 J. Marshall L. Rev. 245 (2000), Reginald Leamon Robinson Jan 2000

Race Consciousness: Can Thick, Legal Contextual Analysis Assist Poor, Low-Status Workers Overcome Discriminatory Hurdles In The Fast Food Industry? A Reply To Regina Austin, 34 J. Marshall L. Rev. 245 (2000), Reginald Leamon Robinson

UIC Law Review

No abstract provided.


Silencing Speech In The Workplace: Re-Examining The Use Of Specific Speech Injunctive Relief For Title Vii Hostile Environment Work Claims, 34 J. Marshall L. Rev. 321 (2000), Sonali Das Jan 2000

Silencing Speech In The Workplace: Re-Examining The Use Of Specific Speech Injunctive Relief For Title Vii Hostile Environment Work Claims, 34 J. Marshall L. Rev. 321 (2000), Sonali Das

UIC Law Review

No abstract provided.


The Toleration Of Unjustified Distinctions Between The Mentally And Physically Disabled In Lewis V. Kmart Corp. Makes One Thing Clear: Not All Disabilities Were Created Equal, Donna M. Orzell Jan 2000

The Toleration Of Unjustified Distinctions Between The Mentally And Physically Disabled In Lewis V. Kmart Corp. Makes One Thing Clear: Not All Disabilities Were Created Equal, Donna M. Orzell

Villanova Law Review

No abstract provided.


I Can't Work, Just Kidding, I Can: The Effects That Applying For Disability Benefits Have On An Ada Claim, John Bisordi Jan 2000

I Can't Work, Just Kidding, I Can: The Effects That Applying For Disability Benefits Have On An Ada Claim, John Bisordi

Villanova Law Review

No abstract provided.


Supervisory Sexual Harassment And Employer Liability: The Third Circuit Sheds Light On Vicarious Liability And Affirmative Defenses, David F. Mccann Jan 2000

Supervisory Sexual Harassment And Employer Liability: The Third Circuit Sheds Light On Vicarious Liability And Affirmative Defenses, David F. Mccann

Villanova Law Review

No abstract provided.


En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey M. Monks Jan 2000

En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey M. Monks

Articles

No abstract provided.


Sexual Harassment And Racial Disparity: The Mutual Construction Of Gender And Race, Tanya K. Hernandez Jan 2000

Sexual Harassment And Racial Disparity: The Mutual Construction Of Gender And Race, Tanya K. Hernandez

Faculty Scholarship

For a number of years, commentators have proffered anecdotal evidence to suggest that women of color figure prominently as sexual harassment plaintiffs. Until recently, a systematic statistical analysis of women's experiences of sexual harassment by race was largely unavailable. For the first time, this Article comprehensively analyzes Equal Employment Opportunity Commission (EEOC) sexual harassment charge statistics, by looking at data from the last seven years along with Lexis-Nexis and Westlaw electronic reports of sexual harassment complaints for the last twenty years. What immediately becomes apparent in this statistical analysis of sexual harassment charges in the United States is the overrepresentation …


The Changing Complexion Of Workplace Law: Labor And Employment Decisions Of The Supreme Court's 1999-2000 Term , James J. Brudney Jan 2000

The Changing Complexion Of Workplace Law: Labor And Employment Decisions Of The Supreme Court's 1999-2000 Term , James J. Brudney

Faculty Scholarship

At the dawn of a new century of Supreme Court workplace law, it seems especially appropriate to offer some perspective on the recent and relatively recent past. Before addressing the seven cases involving labor and employment issues decided by the Supreme Court in the Term just ended, I want briefly to describe (in what I hope are not mechanical terms) how the Court's interests in labor and employment law have evolved from the start of the Burger Era in 1969 to the current, mature stage of the Rehnquist Court.


Iadimarco V. Runyon And Reverse Discrimination: Gaining Majority Support For Majority Plaintiffs, Maria A. Citeroni Jan 2000

Iadimarco V. Runyon And Reverse Discrimination: Gaining Majority Support For Majority Plaintiffs, Maria A. Citeroni

Cleveland State Law Review

This Note will argue that the Supreme Court should resolve the inconsistency within the federal system concerning the appropriate standard of proof in reverse discrimination disputes by adopting the reasoning set forth by the Third Circuit Court of Appeals. Section II will profile the history and purpose of Title VII, with emphasis on the "burden shifting" framework established by the Supreme Court to analyze claims of racial discrimination in the workplace. Section III will contrast the development of the "background circumstances" test applied by lower federal courts to discrimination claims brought by majority plaintiffs with the Supreme Court's recognition of …


Kimel V. Florida Bd. Of Regents, 120 S. Ct. 631(2000), Tanya Smith Jan 2000

Kimel V. Florida Bd. Of Regents, 120 S. Ct. 631(2000), Tanya Smith

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Employment Discrimination In Higher Education, Oren R. Griffin, Thomas P. Hustoles Jan 2000

Employment Discrimination In Higher Education, Oren R. Griffin, Thomas P. Hustoles

Articles, Chapters in Books and Other Contributions to Scholarly Works

During 1999, the most significant development in employment discrimination law involving colleges and universities, by a large margin, was a series of cases affirming that Eleventh Amendment immunity from private money damage claims brought pursuant to various federal employment discrimination statutes applied to state colleges and universities. This development eventually culminated in the Supreme Court's year 2000 decision in Kimel v. Florida Board of Regents.' Numerous other interesting decisions were rendered that, although not creating any bold new law, either affirmed trends in past cases, or illustrated important practical implications for generally predicting judicial outcomes given certain fact patterns. After …


Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel Jan 2000

Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.


Anjelino V. New York Times Co.: Granting Men Standing To Fight Against Injuries Received As A Result Of Sexual Discrimination Towards Female Co-Workers, Christine Coyne Jan 2000

Anjelino V. New York Times Co.: Granting Men Standing To Fight Against Injuries Received As A Result Of Sexual Discrimination Towards Female Co-Workers, Christine Coyne

Villanova Law Review

No abstract provided.


Avoiding The Trap Of Res Judicata: A Practitioner's Guide To Litigating Multiple Employment Discrimination Claims In The Third Circuit, Victoria L. Hooper Jan 2000

Avoiding The Trap Of Res Judicata: A Practitioner's Guide To Litigating Multiple Employment Discrimination Claims In The Third Circuit, Victoria L. Hooper

Villanova Law Review

No abstract provided.


Labor Law And Industrial Peace: A Comparative Analysis Of The United States, The United Kingdom, Germany, And Japan Under The Bargaining Model, Kenneth G. Dau-Schmidt Jan 2000

Labor Law And Industrial Peace: A Comparative Analysis Of The United States, The United Kingdom, Germany, And Japan Under The Bargaining Model, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

In this Article, Professor Dau-Schmidt provides a comparative analysis of the labor laws of the United States, the United Kingdom, Germany, and Japan for the purposes of identifying which characteristics of a country's labor laws are likely to reduce strike incidence and intensity and promote industrial peace. To identify which characteristics of a country's law are likely to encourage industrial peace, Professor Dau-Schmidt presents game theory arguments based on his analysis of unions and collective bargaining. Dau-Schmidt then provides a simple empirical test as to the relative success of different countries' laws in advancing industrial peace by comparing data on …


Recent Supreme Court Employment Law Developments, Olatunde C.A. Johnson, Douglas D. Scherer Jan 2000

Recent Supreme Court Employment Law Developments, Olatunde C.A. Johnson, Douglas D. Scherer

Faculty Scholarship

This article discusses recent employment law developments at the United States Supreme Court. Employment law cases took center stage during the October 1997 and 1998 Terms of the Supreme Court and important employment law cases were pending, or have been decided, during the October 1999 Term. This article briefly surveys the Court's employment law cases during the October 1997 Term, focusing more extensively on the Court's employment law cases during the October 1998 Term, and then discusses two very important employment law cases before the Court during the October 1999 Term, involving the constitutionality of the Age Discrimination in Employment …


Taking Stock: New Views Of American Labor Law Between The World Wars, Daniel R. Ernst Jan 2000

Taking Stock: New Views Of American Labor Law Between The World Wars, Daniel R. Ernst

Georgetown Law Faculty Publications and Other Works

This symposium originated in a session at the annual meeting of the American Society for Legal History held in Seattle in October 1998. Entitled "Labor, Law, and the State in the Interwar Period," the panel provided four different views of a decisive period in the development of labor law in the United States. In the 1980s the panel's chair, Katherine Van Wezel Stone, and commentator, Christopher L. Tomlins, published works that helped spark a modern revival in the historical study of U.S. labor law. The authors of the four papers presented at the session were more recent entrants into the …


Managed Care Issues, Chapter 14, § Viii (2008 Annual Update), Donald Bogan Dec 1999

Managed Care Issues, Chapter 14, § Viii (2008 Annual Update), Donald Bogan

Donald T. Bogan

No abstract provided.


Managed Care Issues, Chapter 14, § Viii (2009 Annual Update), Donald Bogan Dec 1999

Managed Care Issues, Chapter 14, § Viii (2009 Annual Update), Donald Bogan

Donald T. Bogan

No abstract provided.


A Logit Model To Predict The Enforceability Of Non Compete Agreements, Helen Lavan Dec 1999

A Logit Model To Predict The Enforceability Of Non Compete Agreements, Helen Lavan

Helen LaVan

No abstract provided.


Open Heart Surgery: Reform Of Labour Mediation Regime In Sweden, Reinhold Fahlbeck Dec 1999

Open Heart Surgery: Reform Of Labour Mediation Regime In Sweden, Reinhold Fahlbeck

Reinhold Fahlbeck

No abstract provided.


Conditioning Expectations: The Protection Of The Employment Bond In German And American Law, Thomas Kohler, Michael Kittner Dec 1999

Conditioning Expectations: The Protection Of The Employment Bond In German And American Law, Thomas Kohler, Michael Kittner

Thomas C. Kohler

According to many observers, one of the critical factors accounting for the unprecedented economic growth that the United States enjoyed during the past decade is a regulatory regime that places few restrictions on an employer's ability to shed unwanted employees. Similarly, the slower economic growth that Germany and Europe experienced during this period often is attributed to elaborate employment protection schemes that restrict the ability of employers to discharge undesired workers. These protections are blamed for making countries like Germany less attractive places for foreign investment. This piece examines in comparative perspective the restrictions the American and German regulatory schemes …


The Integrity Of Unrestricted Desire: Community, Values, And The Problem Of Personhood, Thomas Kohler Dec 1999

The Integrity Of Unrestricted Desire: Community, Values, And The Problem Of Personhood, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Kyrkans Sociallära - En Lära För Vår Tid? [Social Teaching Of The Catholic Church – A Teaching For Our Time?], Reinhold Fahlbeck Dec 1999

Kyrkans Sociallära - En Lära För Vår Tid? [Social Teaching Of The Catholic Church – A Teaching For Our Time?], Reinhold Fahlbeck

Reinhold Fahlbeck

No abstract provided.


Managed Care Issues, Chapter 14, § Viii (2011 Annual Update), Donald Bogan Dec 1999

Managed Care Issues, Chapter 14, § Viii (2011 Annual Update), Donald Bogan

Donald T. Bogan

No abstract provided.


Sweden. National Monograph, Reinhold Fahlbeck Dec 1999

Sweden. National Monograph, Reinhold Fahlbeck

Reinhold Fahlbeck

No abstract provided.


Employee Loyalty In Sweden, Reinhold Fahlbeck Dec 1999

Employee Loyalty In Sweden, Reinhold Fahlbeck

Reinhold Fahlbeck

No abstract provided.