Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Labor and Employment Law (4)
- Law and Society (3)
- Comparative and Foreign Law (2)
- African American Studies (1)
- Arts and Humanities (1)
-
- Civil Rights and Discrimination (1)
- Constitutional Law (1)
- Evidence (1)
- History (1)
- Legal (1)
- Legal History (1)
- Public Affairs, Public Policy and Public Administration (1)
- Race and Ethnicity (1)
- Race, Ethnicity and Post-Colonial Studies (1)
- Social History (1)
- Social Policy (1)
- Social and Behavioral Sciences (1)
- Sociology (1)
- Torts (1)
- United States History (1)
- Work, Economy and Organizations (1)
- Institution
- Publication
- Publication Type
Articles 1 - 10 of 10
Full-Text Articles in Law
Is Labor Really "Cheap" In China? Compliance With Labor And Employment Laws, Marisa Anne Pagnattaro
Is Labor Really "Cheap" In China? Compliance With Labor And Employment Laws, Marisa Anne Pagnattaro
marisa pagnattaro
Abstract: This article details China’s the growing body of labor and employment laws. Specifically, this research analyzes major labor and employment law developments in China, including the newly adopted Labor Contract Law, employment discrimination sexual harassment, wages, workplace health and safety, worker privacy, and dispute resolution. The ramifications of this developing legal landscape on U.S. companies doing business in China are also discussed.
Hotspots In A Cold War: The Naacp's Postwar Workplace Constitutionalism, 1948-1964, Sophia Z. Lee
Hotspots In A Cold War: The Naacp's Postwar Workplace Constitutionalism, 1948-1964, Sophia Z. Lee
All Faculty Scholarship
No abstract provided.
Putting The Blue Pencil Down: An Argument For Specificity In Noncompete Agreements, Griffin Toronjo Pivateau
Putting The Blue Pencil Down: An Argument For Specificity In Noncompete Agreements, Griffin Toronjo Pivateau
Griffin Toronjo Pivateau
Perhaps no contractual clause invites as little respect as the noncompete agreement. In a few states, the agreement is void and unenforceable. In the remaining states, a noncompete agreement scarcely seems to rise to the level of a legally enforceable agreement. Too often, neither the parties to a noncompete agreement nor the court system believe in enforcement of the agreement as actually written. In most jurisdictions, courts routinely “blue pencil” or reform covenants that are not reasonable. The blue pencil doctrine gives courts the authority to either strike unreasonable clauses from a noncompete agreement, leaving the rest to be enforced, …
Speaking Against Norms: Public Discourse And The Economy Of Racialization In The Workplace, Terry Smith
Speaking Against Norms: Public Discourse And The Economy Of Racialization In The Workplace, Terry Smith
American University Law Review
Free speech controversies erupt from reactions to outlier voices, and these voices are often those of subordinated citizens such as racial minorities. Employing the tools of narrative, interviews with litigants and subjects, and interdisciplinary analysis of case law, Professor Terry Smith probes whether the social inequality of government employees of color affects the rigor of the First Amendment protection afforded their speech. Professor Smith argues that all public sector employees lack sufficient protection because their speech typically does not receive the highest constitutional scrutiny and because of the Supreme Court's recent decision in Garcetti v. Ceballos, which stripped public sector …
Retaliatory Discharge And The Ethical Rules Governing Attorneys, Alex B. Long
Retaliatory Discharge And The Ethical Rules Governing Attorneys, Alex B. Long
Scholarly Works
In Garcetti v. Ceballos, the Supreme Court held that a deputy district attorney who, as part of his job duties, raised concerns with his superiors about possibly unlawful activity and was allegedly fired in response had no First Amendment retaliation claim. In support of its conclusion, the Court suggested that adequate checks already existed at the state and federal level to curb the behavior of employers who engage in unlawful activity and to protect the employees who seek to prevent or expose such activity. In addition to state and federal whistleblower statutes, the Court singled out the rules of professional …
Retaliatory Discharge And The Ethical Rules Governing Attorneys, Alex B. Long
Retaliatory Discharge And The Ethical Rules Governing Attorneys, Alex B. Long
University of Colorado Law Review
In Garcetti v. Ceballos, the Supreme Court held that a deputy district attorney who, as part of his job duties, raised concerns with his superiors about possibly unlawful activity and was allegedly fired in response had no First Amendment retaliation claim. In support of its conclusion, the Court suggested that adequate checks already existed at the state and federal level to curb the behavior of employers who engage in unlawful activity and to protect the employees who seek to prevent or expose such activity. In addition to state and federal whistleblower statutes, the Court singled out the rules of professional …
The Law Of Termination: Doing More With Less, Jeffrey M. Hirsch
The Law Of Termination: Doing More With Less, Jeffrey M. Hirsch
Faculty Publications
No abstract provided.
Restatement - Technique And Tradition In The United States, Thomas Kohler
Restatement - Technique And Tradition In The United States, Thomas Kohler
Thomas C. Kohler
This paper considers the meaning and development in a historical perspective of what Americans mean by labour law. The author highlights the fact that employment law in the United States consists of a patchwork of state regulation with a variegated federal overlay. He also discusses the development of the restatement tradition in the United States and examines the course and the current status of the Restatement of Employment Law project promoted by the American Law Institute (ALI), taking account of the fact that the character of employment has changed radically in the past two decades, and has yet to reach …
Protecting Whistleblowers By Contract, Richard E. Moberly
Protecting Whistleblowers By Contract, Richard E. Moberly
Richard E. Moberly
Numerous statutes and the tort of wrongful discharge purport to prohibit companies from retaliating against employee whistleblowers. However, whistleblowers often lose retaliation lawsuits because these statutory and common law tort protections depend upon a variety of nuanced factors, such as the employer for whom the whistleblower works, the kind of wrongdoing reported, the way in which the employee blew the whistle, and, under some laws, the willingness of an administrative agency to investigate the whistleblower’s claim. Given these difficulties, this Article explores an alternate route for whistleblower protection: enforcing the existing contract protections that private employers currently provide employees when …
Religion In The Workplace: Faith, Action, And The Religious Foundations Of American Employment Law, Thomas C. Kohler
Religion In The Workplace: Faith, Action, And The Religious Foundations Of American Employment Law, Thomas C. Kohler
Thomas C. Kohler
No abstract provided.