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- Maurice A. Deane School of Law at Hofstra University (12)
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- Labor and employment law (6)
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- Publication
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- Hofstra Labor & Employment Law Journal (12)
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Articles 31 - 60 of 76
Full-Text Articles in Law
Toward Equalization Of The Personal Retirement Savings Prerogatives Of Small Business Owners And Their Employees, Richard J. Kovach
Toward Equalization Of The Personal Retirement Savings Prerogatives Of Small Business Owners And Their Employees, Richard J. Kovach
Loyola University Chicago Law Journal
No abstract provided.
The Americans With Disabilities Act Of 1900: A Road Now Too Narrow, Luther Sutter
The Americans With Disabilities Act Of 1900: A Road Now Too Narrow, Luther Sutter
University of Arkansas at Little Rock Law Review
No abstract provided.
Discrimination Based On Hiv/Aids And Other Health Conditions: "Disability" As Defined Under Federal And State Law, David W. Webber
Discrimination Based On Hiv/Aids And Other Health Conditions: "Disability" As Defined Under Federal And State Law, David W. Webber
Journal of Health Care Law and Policy
No abstract provided.
Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein
Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein
Journal of Health Care Law and Policy
No abstract provided.
Adverse Impact Of Predisposition Testing On Major Life Activities: Lessons From Brca 1/2testing, Katherine A. Schneider
Adverse Impact Of Predisposition Testing On Major Life Activities: Lessons From Brca 1/2testing, Katherine A. Schneider
Journal of Health Care Law and Policy
No abstract provided.
"Membership" Obligations Under Nlra Section 8(A)(3): A Proposal For Statutory Change, Ronald Turner
"Membership" Obligations Under Nlra Section 8(A)(3): A Proposal For Statutory Change, Ronald Turner
Hofstra Labor & Employment Law Journal
No abstract provided.
Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman
Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman
Touro Law Review
No abstract provided.
The New Cultural Diversity And Title Vii, Steven A. Ramirez
The New Cultural Diversity And Title Vii, Steven A. Ramirez
Michigan Journal of Race and Law
This Article will show that the most progressive diversity initiatives taking hold in the business community are facially neutral in their approach, merit-driven, and fundamentally culture-conscious (as opposed to race-conscious). These initiatives do not allow for any racial preference or gender preference and draw any such bias not from the inherent values of diversity but from the largely segregated pre-existing corporate tradition: hiring culturally aware minorities unleashes value because they bring insights previously unavailable to segregated businesses. In other words, White males can be and are hired in the name of cultural diversity when they bring cultural insights to the …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Appearance Matters: A Proposal To Prohibit Appearance Discrimination In Employment, Elizabeth M. Adamitis
Appearance Matters: A Proposal To Prohibit Appearance Discrimination In Employment, Elizabeth M. Adamitis
Washington Law Review
The consideration of appearance in employment decisionmaking context is prevalent and widely accepted. Nonetheless, statutory protection against such discrimination remains limited. Federal protection applies only to claims related to already-protected categories of discrimination, including disability, race, color, religion, sex, national origin, and age. Only one state and a small number of cities and counties explicitly prohibit appearance discrimination in employment. This Comment argues that consideration of appearance in employment decisions is not justified, rational, or beneficial to society unless a bona fide occupational qualification or reasonable business purpose exists. States should adopt statutory protection for appearance to.protect otherwise qualified applicants …
Is There A Pink Slip In My Genes? Genetic Discrimination In The Workplace, Paul Steven Miller, Lawrence O. Gostin
Is There A Pink Slip In My Genes? Genetic Discrimination In The Workplace, Paul Steven Miller, Lawrence O. Gostin
Journal of Health Care Law and Policy
No abstract provided.
The Definition Of Disability: Perspective Of The Disability Community, Deborah Kaplan
The Definition Of Disability: Perspective Of The Disability Community, Deborah Kaplan
Journal of Health Care Law and Policy
No abstract provided.
Bragdon V. Abbott: Extending The Americans With Disabilities Act To Asymptomatic Individuals, Eugenia Liu
Bragdon V. Abbott: Extending The Americans With Disabilities Act To Asymptomatic Individuals, Eugenia Liu
Journal of Health Care Law and Policy
No abstract provided.
Defamatory E-Mail And Employer Liability: Why Razing Zeran V. America Online Is A Good Thing, Michael H. Spencer
Defamatory E-Mail And Employer Liability: Why Razing Zeran V. America Online Is A Good Thing, Michael H. Spencer
Richmond Journal of Law & Technology
Electronic mail ("e-mail") has taken its place as an integral part of communication in modern society. Unlike other forms of communication, e-mail can cheaply and efficiently be placed in a public domain for literally the world to see. These public areas, otherwise known as bulletin boards, have expanded society's ability to communicate over vast distances. Individuals or groups can also engage in mass communication, which involves a myriad of topics and concerns. Nevertheless, such electronic communications, as almost any other form of communication, can become volatile and create animosity among users. Hence, many of the remarks made in such exchanges …
Nlrb Remedies: Where Are They Going?, Leanord Page
Nlrb Remedies: Where Are They Going?, Leanord Page
Richmond Public Interest Law Review
The National Labor Relations Board's remedies are the vehicles through which the policies of the National Labor Relations Act are realized, and the means by which rights conferred by the Act are protected. Through the appropriate remedies, the Board ensures that conditions at the workplace are restored to those which existed before the onset of unlawful conduct. Effective remedies also deter unlawful conduct and promote voluntary compliance with the Act. Congress chose not to specify the precise remedies that would be available to the Board, understanding the Board's need for flexibility to meet diverse situations and those which Congress did …
Nlrb Remedies: Where Are They Going?, Leanord Page
Nlrb Remedies: Where Are They Going?, Leanord Page
Richmond Journal of Law and the Public Interest
The National Labor Relations Board's remedies are the vehicles through which the policies of the National Labor Relations Act are realized, and the means by which rights conferred by the Act are protected. Through the appropriate remedies, the Board ensures that conditions at the workplace are restored to those which existed before the onset of unlawful conduct. Effective remedies also deter unlawful conduct and promote voluntary compliance with the Act. Congress chose not to specify the precise remedies that would be available to the Board, understanding the Board's need for flexibility to meet diverse situations and those which Congress did …
The Gordian Knot: Uniting Skills And Substance In Employment Discrimination And Federal Taxation Courses, 33 J. Marshall L. Rev. 303 (2000), Barbara J. Busharis, Suzanne E. Rowe
The Gordian Knot: Uniting Skills And Substance In Employment Discrimination And Federal Taxation Courses, 33 J. Marshall L. Rev. 303 (2000), Barbara J. Busharis, Suzanne E. Rowe
UIC Law Review
No abstract provided.
Robert Kratovil Memorial Seminar In Construction Law - Multidisciplinary Practice: A Construction Law Perspective, 33 J. Marshall L. Rev. 413 (2000), Christopher L. Noble
Robert Kratovil Memorial Seminar In Construction Law - Multidisciplinary Practice: A Construction Law Perspective, 33 J. Marshall L. Rev. 413 (2000), Christopher L. Noble
UIC Law Review
No abstract provided.
Cash Balance Plans: They Work For Employers But Do They Work For Employees?, 34 J. Marshall L. Rev. 345 (2000), Deana Saxinger
Cash Balance Plans: They Work For Employers But Do They Work For Employees?, 34 J. Marshall L. Rev. 345 (2000), Deana Saxinger
UIC Law Review
No abstract provided.
Annual Survey Of Virginia Law: Labor And Employment Law, Thomas M. Winn Iii
Annual Survey Of Virginia Law: Labor And Employment Law, Thomas M. Winn Iii
University of Richmond Law Review
This article discusses four principal areas of employment and labor law in which there was significant activity in Virginia's courts and/or the legislature over the past year: (1) public policy wrongful discharge; (2) negligent hiring, retention, and supervision; (3) employment references; and (4) covenants not to compete and the employee's fiduciary duties owed to the employer. Beyond the scope of this article are decisions rendered in other areas of law affecting the employment relationship, including workers' compensation, unemployment, wage payment, and public sector employment.
Taking Stock: New Views Of American Labor Law Between The World Wars, Daniel R. Ernst
Taking Stock: New Views Of American Labor Law Between The World Wars, Daniel R. Ernst
Seattle University Law Review
This Article provides an introduction to the symposium. 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 …
Petting The Infamous Yellow Dog: The Seattle High School Teachers Union And The State, 1928-1931, Joseph Slater
Petting The Infamous Yellow Dog: The Seattle High School Teachers Union And The State, 1928-1931, Joseph Slater
Seattle University Law Review
In 1928 a Seattle labor union appealed an adverse lower court ruling to the Washington State Supreme Court. The Seattle Post-Intelligencer claimed that the matter presented "probably the biggest labor question ever faced in this state."' This case did not involve the Industrial Workers of the World, loggers, or other traditional subjects of labor history. It involved high school teachers in the Seattle public schools. This paper will discuss this case, Seattle High School Teachers Chap. No. 200 of the American Federation of Teachers v. Sharples, and the circumstances surrounding it. Specifically, this paper will describe the formation of …
Battle On The Benches: The Wagner Act And The Federal Circuit Courts Of Appeals, 1935-1942, Douglas J. Feeney-Gallagher
Battle On The Benches: The Wagner Act And The Federal Circuit Courts Of Appeals, 1935-1942, Douglas J. Feeney-Gallagher
Seattle University Law Review
This paper examines the efforts of some circuit court judges to preserve the integrity of the judicial branch against the encroaching power of the New Deal administrative agencies, especially as represented by the National Labord Relations Board (NLRB). This paper offers a historical overview of the relationship between two circuits and the NLRB; one circuit welcomed the Board's aggressive enforcement of the Act, while the other expressed hostility towards the labor agency's powers and interpretation of the Wagner Act. An examination of the NLRB opinions in these two circuits illustrates the opposing judicial attitudes toward the new turn in labor …
Representatives Of Their Own Choosing?: Certification, Elections, And Employer Free Speech, 1935-1959, John Logan
Representatives Of Their Own Choosing?: Certification, Elections, And Employer Free Speech, 1935-1959, John Logan
Seattle University Law Review
While previous studies by industrial relations and legal scholars have scrutinized NLRB decisions and court rulings governing the conduct of representation elections, this paper analyzes instead the following issues, which are scarcely mentioned in the existing literature: why the NLRB "voluntarily" abandoned card certifications; how employers influenced and responded to developments in certification policy; and how changes in certification policy and employer electioneering affected the outcome of organizing campaigns. The paper focuses on the two decades following the NLRB's 1939 decision to abandon card certifications, during which time employers played an increasingly active role in opposing unionization.
The Search For Constitutional Protection Of Labor Standards, 1924-1941: From Interstate Compacts To International Treaties, Edward C. Lorenz
The Search For Constitutional Protection Of Labor Standards, 1924-1941: From Interstate Compacts To International Treaties, Edward C. Lorenz
Seattle University Law Review
Part II of this article will begin by reviewing the growing awareness before 1925 of the crisis in the New England textile industry and the emergence of John Winant as a concerned leader. Part III examines the early effort to confront the decline with new corporate and public policies. Part IV chronicles the pursuit of labor standards through interstate compacts and alternatives. Part V focuses upon joining the ILO and the questions that arose regarding the relationship of conventions to domestic law. Part VI describes the post-World War II attacks on the ILO which undermined, until the 1990s, the United …
The Heavy Burden Of The State: Revisiting The History Of Labor Law In The Interwar Period, Christopher L. Tomlins
The Heavy Burden Of The State: Revisiting The History Of Labor Law In The Interwar Period, Christopher L. Tomlins
Seattle University Law Review
This Article reflects on possible conclusions to be drawn from this symposium. The article concludes that individually, these authors have demonstrated the returns to be gained by pushing labor law history into new empirical and conceptual areas. Collectively, however, their achievement is somewhat different, for collectively they recommend that we revisit what is ostensibly familiar to us.
Is Leaving Work To Obtain Safety "Good Cause" To Leave Employment?—Providing Unemployment Insurance To Victims Of Domestic Violence In Washington State, L'Nayim A. Shuman-Austin
Is Leaving Work To Obtain Safety "Good Cause" To Leave Employment?—Providing Unemployment Insurance To Victims Of Domestic Violence In Washington State, L'Nayim A. Shuman-Austin
Seattle University Law Review
This paper focuses on the unemployment compensation statutes, administrative law decisions, and the case law of Washington state and proposes that domestic violence creates involuntary unemployment and should, therefore, be considered a compelling good cause situation for provision of unemployment compensation benefits. Title 50 of the Revised Code of Washington, which provides the structure and provisions of unemployment compensation eligibility, should be liberally construed by agency officials and courts or amended so as to provide unemployment compensation benefits to victims of domestic violence who leave work to obtain safety.
Labor Rights, Globalization And Institutions: The Role And Influence Of The Organization For Economic Cooperation And Development, James Salzman
Labor Rights, Globalization And Institutions: The Role And Influence Of The Organization For Economic Cooperation And Development, James Salzman
Michigan Journal of International Law
This Article has four sections. The first recounts the history of the OECD, from its creation as the overseer of the Marshall Plan to its current prominence as global economic analyst, and explains its operations. The second section explores its influence on the development of labor rights, examining the well-known OECD Guidelines for Multinational Enterprises, publications on trade and labor by the Employment, Labor and Social Affairs Directorate, and the events surrounding South Korea's accession to the OECD. Each of these activities, though quite different from one another (and, in combination, very different from the activities of other IGOs), provided …
Employment Law: Classification In Oklahoma Public Employment: Does It Really Matter, Tom Ivester
Employment Law: Classification In Oklahoma Public Employment: Does It Really Matter, Tom Ivester
Oklahoma Law Review
No abstract provided.
An Analysis Of The Nlrb's "Runaway Shop" Doctrine In The Context Of Mid-Term Work Relocation Based On Union Labor Costs, Jan W. Sturner
An Analysis Of The Nlrb's "Runaway Shop" Doctrine In The Context Of Mid-Term Work Relocation Based On Union Labor Costs, Jan W. Sturner
Hofstra Labor & Employment Law Journal
No abstract provided.