Law Commons^™

What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney

Buffalo Law Review

No abstract provided.

Labor And Employment Law, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Iii, Glen R. Fagan

Mercer Law Review

This Article surveys recent developments in the state statutory and common law that affect labor and employment relations of Georgia employers. Accordingly, it surveys published decisions interpreting Georgia law from June 1, 2008 to May 31, 2009. This Article also includes highlights of certain revisions to the Official Code of Georgia Annotated (O.C.G.A.).

Labor And Employment Law, Vijay K. Mago, Nancy B. Sasser, Allison M. Perry

University of Richmond Law Review

No abstract provided.

Arbitration Awards In An Environment Of Compulsory Unionization: Is The High Degree Of Deference Warranted?, Nephi Hardman

BYU Law Review

No abstract provided.

Employment Law - Antidiscrimination - Heading Toward Federal Protection For Sexual Orientation Discrimination?, Matthew Barker

University of Arkansas at Little Rock Law Review

No abstract provided.

When The Duty To Provide A Reasonable Accommodation Seems Unreasonable: Accommodating And Managing Employees With Episodic Impairments Or Impairments In Remission Under The Ada Amendments Act Of 2008, Gina M. Cook

North Carolina Central Law Review

No abstract provided.

The Paradox Of Public Sector Labor Law, Martin H. Malin

Indiana Law Journal

William R. Stewart Lecture

Employment Law - Antidiscrimination - Unpaid And Unprotected: Protecting Our Nation's Volunteers Through Title Vii, Tara Kpere Daibo

University of Arkansas at Little Rock Law Review

No abstract provided.

How The New Economics Can Improve Employment Discrimination Law, And How Economics Can Survive The Demise Of The "Rational Actor", Scott A. Moss, Peter H. Huang

William & Mary Law Review

Much employment discrimination law is premised on a purely money-focused "reasonable" employee, the sort who can be made whole with damages equal to lost wages, and who does not hesitate to challenge workplace discrimination. This type of "rational" actor populated older economic models but has been since modified by behavioral economics and research on happiness. Behavioral and traditional economists alike have analyzed broad employment policies, such as the wisdom of discrimination statutes, but the devil is in the details of employment law. On the critical damages-and liability issues the Supreme Court and litigators face regularly, the law essentially ignores the …

Independent Contractor Or Employee? Misclassification Of Workers And Its Effect On The State, Jenna Amato Moran

Buffalo Public Interest Law Journal

No abstract provided.

The Unconstitutionality Of Mississippi's Employment Protection Act And A Framework For Assessing Similar State Immigration Employment Laws, Nicholas Neidzwski

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

How Many Plaintiffs Are Enough? Venue In Title Vii Class Actions, Piper Hoffman

University of Michigan Journal of Law Reform

This Article critiques the recent rash of federal district court opinions holding that all named plaintiffs in a class action lawsuit alleging employment discrimination under Title VII of the Civil Rights Act of 1964 must satisfy the venue requirements in the court where they filed the action. Neither the text nor the history of Title VII requires this prevailing interpretation; to the contrary, requiring every named plaintiff to satisfy venue requirements in the same court undermines the legislative purpose behind both Title VII and Federal Rule of Civil Procedure 23 by creating a new obstacle to employees seeking to enforce …

Discriminatory Retaliation: Title Vii Protection For The Cooperating Employee, Megan E. Mowrey

Pace Law Review

No abstract provided.

Duty Of Fair Representation Jurisprudential Reform: The Need To Adjudicate Disputes In Internal Union Review Tribunals And The Forgotten Remedy Of Re-Arbitration, Mitchell H. Rubinstein

University of Michigan Journal of Law Reform

One of the best kept secrets in American labor law is that duty of fair representation jurisprudence simply does not work. It does not work for plaintiff union members because they must satisfy a close-to-impossible burden of proof and have a short statute of limitations window in which to assert their claim. It does not work for defendant unions because they are often forced to file pointless grievances in order to avoid the cost of litigation. It does not work for defendant employers because they are often brought into these lawsuits because they have the "deep pockets."

This Article makes …

Still Unjaded: Jim Atleson's Twenty-First Century Turn To International Labor Law, Lance Compa

Buffalo Law Review

No abstract provided.

James B. Atleson And The World Of Labor Law Scholarship, Dianne Avery, Alfred S. Konefsky

Buffalo Law Review

No abstract provided.

Values And Assumptions Of The Bush Nlrb: Trumping Workers' Rights, Wilma B. Liebman

Buffalo Law Review

No abstract provided.

The Value Of Values And Assumptions To A Practicing Lawyer, Virginia A. Seitz

Buffalo Law Review

No abstract provided.

Some Personal Observations About Values And Assumptions: What Can Jim Teach Wilma And The Board?, Robert J. Rabin

Buffalo Law Review

No abstract provided.

Class Conflicts Of Law Ii: Solidarity, Entrepreneurship, And The Deep Agenda Of The Obama Nlrb, James Gray Pope

Buffalo Law Review

No abstract provided.

Unexpected Convergence: Values, Assumptions, And The Right To Strike In Public And Private Sectors, 1945-2005, Joseph A. Mccartin

Buffalo Law Review

No abstract provided.

The Hollowing Out Of Corporate Canada: Implications For Transnational Labor Law, Policy And Practice, Harry Arthurs

Buffalo Law Review

No abstract provided.

Transnationalizing The Values And Assumptions Of American Labor Law, Kerry Rittich

Buffalo Law Review

No abstract provided.

Managers' Obligations To Employees With Eldercare Responsibilities, John A. Pearce Iii, Dennis R. Kuhn

University of Richmond Law Review

No abstract provided.

What Employees Say, Or What Employers Do: How Post-Cleveland Decisions Continue To Obscure Discrimination, Lauren Lowe

Vanderbilt Law Review

The phrase "equal justice" has dubious meaning for persons with disabilities who seek redress of employment discrimination in court. After experiencing job loss and facing relatively slim chances of reemployment, many of these individuals seek judicial recognition that their employers failed to accommodate their disabilities. Yet the vast majority of plaintiffs who bring employment discrimination lawsuits under the Americans with Disabilities Act ("ADA") lose. In 2006, employers prevailed in 212 of the 272 cases that went to trial in federal court. Some commentators point to the high win rates for employers as evidence of judicial frustration with the volume of …

Preempting State E-Verify Regulations: A Case Study Of Arizona's Improper Legislation In The Field Of "Immigration-Related Employment Practices", Rachel Feller

Washington Law Review

In 1996, Congress established E-Verify, a program that allows employers to confirm the employment eligibility of new hires by using a federal electronic database. Although the federal government makes the program voluntary for employers, some states and municipalities have enacted legislation requiring the program’s use to prevent the employment of undocumented workers. Some of these state laws have been challenged in federal court on the grounds that they are preempted by federal law, particularly the Immigration Reform and Control Act of 1986 (IRCA). Courts have divided on this issue. This Comment explains the boundaries of preemption in the context of …

Article 14 Of China's New Labor Contract Law: Using Open-Term Contracts To Appropriately Balance Worker Protection And Employer Flexibility, Jovita T. Wang

Washington International Law Journal

China’s economy rapidly developed as it shifted from a planned economy to a market economy. Cheap labor encouraged foreign companies to conduct business in China, but that business came at the expense of labor protection. Workers who had previously enjoyed lifetime employment suddenly faced rampant layoffs, labor abuse, and unemployment. Despite China’s implementation of the Labor Law in 1994, labor abuse continued, especially by employers refusing to follow written contract requests to define the employment relationship. Many workers were left unprotected. In response to these problems, China passed the Labor Contract Law in 2007 to clarify requirements of employment contracts …

Diversity And Discrimination: A Look At Complex Bias, Minna J. Kotkin

William & Mary Law Review

Multiple claims have become a fixture of employment discrimination litigation. It is common, if not ubiquitous, for court opinions to begin with a version of the following litany: 'Plaintiff brings this action under Title VII and the ADEA for race, age, and gender discrimination. "Equal Employment Opportunity Commission (EEOC) statistics show exponential growth in multiple claims in part because its intake procedures lead claimants to describe their multiple identities, at a time when they have little basis upon which to parse a specific category of bias. But increased diversity in workplace demographics suggests that frequently, disparate treatment may in fact …

Invalidity Of Covenants Not To Compete In California Affects Employers Nationwide, Sheri Wardwell

Washington Journal of Law, Technology & Arts

In Edwards v. Arthur Andersen LLP, the Supreme Court of California rejected the Ninth Circuit Court of Appeals’ “narrow restraint” exception to California Business and Professional Code section 16600 regarding the unenforceability of covenants not to compete (CNCs). Edwards affirms that, unless the agreement falls within a statutory exception, CNCs in employment agreements are invalid as a matter of law in California because of California's strong interest in protecting employee mobility as codified in section 16600. Despite California’s strong public policy against CNCs, an employee who wins the race to a California courthouse may not necessarily benefit from section …

Erisa Does Not Give Employers A Free Pass: Refusing To Place The Burden Of Careless Drafting On The Employee, Charles R. Peterson

Nevada Law Journal

No abstract provided.