Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (13)
- University of Massachusetts Boston (8)
- Saint Louis University School of Law (7)
- University of Colorado Law School (7)
- American University Washington College of Law (6)
-
- Boston University School of Law (4)
- University of Cincinnati College of Law (4)
- University of Florida Levin College of Law (4)
- University of Michigan Law School (4)
- University of Pennsylvania Carey Law School (4)
- Chicago-Kent College of Law (3)
- Florida International University College of Law (3)
- Maurer School of Law: Indiana University (3)
- Seattle University School of Law (3)
- University of Georgia School of Law (3)
- University of Maryland Francis King Carey School of Law (3)
- University of Richmond (3)
- University of Washington School of Law (3)
- Florida A&M University College of Law (2)
- Golden Gate University School of Law (2)
- Loyola University Chicago, School of Law (2)
- The Peter A. Allard School of Law (2)
- University of Miami Law School (2)
- Vanderbilt University Law School (2)
- William & Mary Law School (2)
- City University of New York (CUNY) (1)
- Cleveland State University (1)
- Florida International University (1)
- Georgia State University College of Law (1)
- Louisiana State University Law Center (1)
- Keyword
-
- Employment discrimination (16)
- Title VII (11)
- Discrimination (9)
- Employment law (9)
- Employment (8)
-
- Intellectual disabilities (5)
- Labor Law (5)
- Developmental disabilities (4)
- Fair Labor Standards Act (4)
- Gender (4)
- Rule 23 (4)
- Civil procedure (3)
- Civil rights (3)
- Employee (3)
- Employees (3)
- FLSA (3)
- Gender discrimination (3)
- Labor (3)
- Marriage (3)
- Virtual work (3)
- Vocational rehabilitation (3)
- Women (3)
- ADA (2)
- Americans with Disabilities Act (2)
- Class action (2)
- Cooperatives (2)
- Digital labor (2)
- Domestic workers (2)
- Donning and offing (2)
- Dukes (2)
- Publication
-
- All Faculty Scholarship (15)
- Scholarly Works (10)
- Publications (8)
- Faculty Scholarship (7)
- Faculty Publications (6)
-
- Articles in Law Reviews & Other Academic Journals (5)
- Faculty Articles and Other Publications (4)
- Nevada Supreme Court Summaries (4)
- UF Law Faculty Publications (4)
- All Institute for Community Inclusion Publications (3)
- Articles (3)
- Articles by Maurer Faculty (3)
- Faculty Articles (3)
- Journal Articles (3)
- Law & Economics Working Papers (3)
- Court Briefs (2)
- Data Note Series, Institute for Community Inclusion (2)
- Faculty Publications & Other Works (2)
- Journal Publications (2)
- Law Faculty Publications (2)
- Office of Community Partnerships Posters (2)
- Proxy (2)
- Transnational Business Governance Interactions Working Papers (2)
- Vanderbilt Law School Faculty Publications (2)
- AI-DR Collection (1)
- All Maxine Goodman Levin School of Urban Affairs Publications (1)
- Articles & Chapters (1)
- Bureau of Labor Education (1)
- California Agencies (1)
- Congressional Testimony (1)
Articles 1 - 30 of 119
Full-Text Articles in Law
Summary Of Taylor V. Nev. Dept. Of Health And Human Servs., 129 Nev. Adv. Op. 99, Whitney E. Short
Summary Of Taylor V. Nev. Dept. Of Health And Human Servs., 129 Nev. Adv. Op. 99, Whitney E. Short
Nevada Supreme Court Summaries
The Court determined one issue: whether it is within a hearing officer’s duty to determine the appropriate level of discipline and impose that determination.
Forced Arbitration Undermines Enforcement Of Federal Laws By Suppressing Consumers' And Employees' Ability To Bring Claims, Jean R. Sternlight
Forced Arbitration Undermines Enforcement Of Federal Laws By Suppressing Consumers' And Employees' Ability To Bring Claims, Jean R. Sternlight
Congressional Testimony
Testimony of Professor Jean R. Sternlight to the Senate Judiciary Committee, arguing for the passage of the Arbitration Fairness Act of 2013.
I’M Shocked, Shocked To Find That Politics Is Going On In Here, Anne M. Lofaso
I’M Shocked, Shocked To Find That Politics Is Going On In Here, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Union Made: Labor’S Litigation For Social Change, Charlotte Garden
Union Made: Labor’S Litigation For Social Change, Charlotte Garden
Faculty Articles
Unions are key repeat players before the Supreme Court. Their involvement extends beyond what one might expect (labor) and extends to key cases involving federalism, discrimination, affirmative action, the First Amendment, and workplace health and safety, among others. Though scholars have written about how other union activity, like collective bargaining, impacts non-union workers, the role and impact of union participation in non-labor litigation has largely been ignored in the public debate over unions in America and in the academic literature about what unions do. This article focuses on unions’ Supreme Court litigation that arises outside of the context of traditional …
Acqui-Hiring, Gregg D. Polsky, John F. Coyle
Acqui-Hiring, Gregg D. Polsky, John F. Coyle
Scholarly Works
Facebook, Google, and other leading technology companies in Silicon Valley have been buying start-up companies at a brisk pace. In many of these transactions, the buyer has little interest in acquiring the startup’s projects or assets. Instead, the buyer’s primary motivation is to hire some or all of the startup’s software engineers. These so-called “acqui-hires” represent a novel — and increasingly common — tool by which the largest and most successful technology companies in the world satisfy their intense demand for engineering talent.
To date, the acqui-hire has attracted no attention in the academic or professional legal literature. With this …
Wynn Las Vegas, L.L.C. V. Baldonado, Nevada Law Journal
Wynn Las Vegas, L.L.C. V. Baldonado, Nevada Law Journal
Nevada Supreme Court Summaries
The Court determined one issue: whether Nevada law (NRS Chapter 608) allows employers to require employees to pool their tips with other employees of a different rank.
Permanent Replacements: Organized Labor’S Fall, Employment Law’S (Incomplete) Rise, And The Way Forward, Alexander T. Macdonald
Permanent Replacements: Organized Labor’S Fall, Employment Law’S (Incomplete) Rise, And The Way Forward, Alexander T. Macdonald
W&M Law Student Publications
No abstract provided.
Why Whistleblowers Lose: An Empirical And Qualitative Analysis Of State Court Cases, Nancy M. Modesitt
Why Whistleblowers Lose: An Empirical And Qualitative Analysis Of State Court Cases, Nancy M. Modesitt
All Faculty Scholarship
This Article was originally intended to be an analysis of the propriety, or impropriety, of the doctrines most commonly used by courts to decide employees’ whistleblowing retaliation claims against employers. However, upon conducting initial research, it quickly became apparent that there was very little data available on whistleblowing cases. Unlike employment discrimination cases, where several empirical studies have been conducted, there is only one empirical analysis of whistleblower claims, which focused solely on outcomes in the federal administrative process for claims brought under the Sarbanes-Oxley Act (SOX). That study revealed that whistleblowers fare poorly for a number of reasons, but …
Collective Representation And Employee Voice In The U.S. Public Sector Workplace: Looking North For Solutions?, Martin H. Malin
Collective Representation And Employee Voice In The U.S. Public Sector Workplace: Looking North For Solutions?, Martin H. Malin
All Faculty Scholarship
Legislation enacted in many states following the 2010 elections in the United States strengthened unilateral public employer control and weakened employee voice. This rebalancing of power occurred in the context of state public employee labour relations acts modeled on the National Labor Relations Act (NLRA), but with a narrower scope of bargaining than in the private sector. This narrow scope channels unions’ voice away from the quality of public services and towards protecting members from the effects of decisions unilaterally imposed by management. The Supreme Court of Canada has held that the freedom of association guaranteed by the Charter of …
Central Falls Retirees V. Bondholders: Assessing Fear Of Contagion In Chapter 9 Proceedings, Maria O'Brien
Central Falls Retirees V. Bondholders: Assessing Fear Of Contagion In Chapter 9 Proceedings, Maria O'Brien
Faculty Scholarship
Modern Chapter 9 litigation has been characterized by extraordinary protections for municipal bondholders, and Central Falls is no exception. Although not well understood by politicians, fear of contagion has encouraged the adoption of legal arrangements that have limited the bankruptcy courts’ ability to include bondholders in the cost of restructuring municipal debt. This preference for bondholders (and, by extension, their insurers) has meant increased misery for taxpayers and retirees. Given that all of these actors appear to have been complicit to some degree in the creation and maintenance of the fiscally imprudent conditions that triggered bankruptcy and that evidence of …
Finally, Overtime Coverage For All Domestic Workers In California!, Hina B. Shah
Finally, Overtime Coverage For All Domestic Workers In California!, Hina B. Shah
Publications
After nearly 75 years of exclusion from federal and state labor protections, domestic workers have finally scored two important victories in their fight for equal treatment. Late last week, Governor Brown signed AB 241, extending California overtime protections to domestic workers who spend a significant amount of time caring for children, elderly and people with disabilities. One week earlier the federal Department of Labor finalized new rules that significantly extend federal minimum wage and overtime protections to domestic workers who care for the elderly and people with disabilities. Together, these actions extend overtime coverage to all domestic workers in California.
Reply Brief. Sandifer V. United States Steel Corp., 134 S. Ct. 870 (2014) (No. 12-417), 2013 U.S. S. Ct. Briefs Lexis 3416, Eric Schnapper, Aaron B. Maduff, Michael L. Maduff, Walker R. Lawrence, Robert F. Childs, Jr., Abby Morrow Richardson, David L. Kern
Reply Brief. Sandifer V. United States Steel Corp., 134 S. Ct. 870 (2014) (No. 12-417), 2013 U.S. S. Ct. Briefs Lexis 3416, Eric Schnapper, Aaron B. Maduff, Michael L. Maduff, Walker R. Lawrence, Robert F. Childs, Jr., Abby Morrow Richardson, David L. Kern
Court Briefs
No abstract provided.
Interagency Litigation And Article Iii, Joseph Mead
Interagency Litigation And Article Iii, Joseph Mead
All Maxine Goodman Levin School of Urban Affairs Publications
Agencies of the United States often find themselves on opposite sides of the "v." in disputes ranging from alleged unfair labor practices in federal agencies to competing statutory interpretations to run-of-the mill squabbles over money. Yet Article III's case-or-controversy requirement includes—at a minimum—adverse parties and standing. Courts have disagreed with one another over the extent to which litigation between the sovereign and itself meets Article III standards. Despite the volume of scholarship on Article III standing, relatively little attention has been paid to Article III's requirement of adverse parties in general, or the justiciability of intrabranch litigation in particular. Looking …
Contested Meanings Of Freedom: Workingmen's Wages, The Company Store System, And The Godcharles V. Wigeman Decision, Laura Phillips Sawyer
Contested Meanings Of Freedom: Workingmen's Wages, The Company Store System, And The Godcharles V. Wigeman Decision, Laura Phillips Sawyer
Scholarly Works
In 1886, the Pennsylvania Supreme Court struck down a law that prohibited employers from paying wages in company store scrip and mandated monthly wage payments. The court held that the legislature could not prescribe mandatory wage contracts for legally competent workingmen. The decision quashed over two decades of efforts to end the “truck system.” Although legislators had agreed that wage payments redeemable only in company store goods appeared antithetical to the free labor wage system, two obstacles complicated legislative action. Any law meant to enhance laborers’ rights could neither favor one class over another nor infringe any workingman’s ability to …
Work Wives, Laura A. Rosenbury
Work Wives, Laura A. Rosenbury
UF Law Faculty Publications
Traditional notions of male and female roles remain tenacious at home and work even in the face of gender-neutral family laws and robust employment discrimination laws. This Article analyzes the challenge of gender tenacity through the lens of the “work wife.” The continued use of the marriage metaphor at work reveals that the dynamics of marriage flow between home and work, creating a feedback loop that inserts gender into both domains in multiple ways. This phenomenon may reinforce gender stereotypes, hindering the potential of law to achieve gender equality. But such gender tenacity need not always lead to subordination. The …
Marital Status And Privilege, Laura A. Rosenbury
Marital Status And Privilege, Laura A. Rosenbury
UF Law Faculty Publications
This essay challenges the privilege attaching to marriage as a distinct form of relationship. Responding to Angela Onwuachi-Willig’s new book, According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family, the essay identifies the legal and extralegal privileges flowing not just to monoracial marriage but to marriage. States recognize and support one form of relationship between adults to the exclusion of all others, creating privilege that flows outside of the home into the workplace and beyond. Instead of arguing that such privilege should be distributed more equally between monoracial and multiracial couples, this essay seeks …
Institute Brief: Support Through Mentorship: Accessible Supervision Of Employees With Intellectual And Developmental Disabilities, John Kramer, Ashley Wolfe, Jean Winsor
Institute Brief: Support Through Mentorship: Accessible Supervision Of Employees With Intellectual And Developmental Disabilities, John Kramer, Ashley Wolfe, Jean Winsor
The Institute Brief Series, Institute for Community Inclusion
Effective supervision of employees with intellectual or developmental disabilities can be challenging for businesses that may not have experience in hiring people with diverse support requirements. This is largely due to the relatively low participation rates of people with disabilities in the workforce. This is, thankfully, changing as more businesses are seeing the value of diversifying their workforce, which includes hiring people with diverse cognitive abilities like people with intellectual or developmental disabilities.
The Bible Of Labor Arbitration: Tribute To Professor Frank Elkouri, Theodore J. St. Antoine
The Bible Of Labor Arbitration: Tribute To Professor Frank Elkouri, Theodore J. St. Antoine
Other Publications
Each of the three traditional learned professions has had its “bible.” Divines had the progenitor, the Holy Bible itself; medical doctors had Gray’s Anatomy; and lawyers had Blackstone. What could be more fitting than that the sprightly newcomer to the ranks of the learned professions—labor arbitration—should also have its own bible: Elkouri & Elkouri, How Arbitration Works? But while Blackstone, Gray’s, and perhaps even the King James Version have largely been supplanted by sleeker, more contemporary models, nothing of the sort has happened to Elkouri. It just sails on majestically from one edition to another, now heading into its seventh.
More Hair-Raising Decisions, And How Professor Wendy Greene Combs Through Their Flaws, Angela Onwuachi-Willig
More Hair-Raising Decisions, And How Professor Wendy Greene Combs Through Their Flaws, Angela Onwuachi-Willig
Faculty Scholarship
If you are looking for an interesting and timely employment discrimination article to read, please consider Black Women Can’t Have Blonde Hair . . . in the Workplace, by Professor Wendy Greene of Cumberland, Samford University, School of Law. In that article, Professor Greene builds upon the work that she began in her article Title VII: What’s Hair (and Other Race Based Characteristics) Got to Do With It1 where she argued that characteristics that are commonly associated with a particular racial or ethnic group should fall under Title VII’s current protected categories of race, color, and national origin. …
The Gamification Of Work, Miriam A. Cherry
The Gamification Of Work, Miriam A. Cherry
AI-DR Collection
In the language of cyberspace, introducing elements of fun or game-playing into everyday tasks or through simulations is known as the process of “gamification.” The idea that people could be working while they play a video game – in some instances without even knowing that they are working – is becoming part of our reality. Gamification is an important element of what in previous writing I have termed “virtual work,” that is, work that is taking place wholly online, in crowdsourcing arrangements, or in virtual worlds. The gamification of work is an important trend with important implications for employment law. …
Summary Of Williams V. United Parcel Services, 129 Nev. Adv. Op. No. 41, Drew Wheaton
Summary Of Williams V. United Parcel Services, 129 Nev. Adv. Op. No. 41, Drew Wheaton
Nevada Supreme Court Summaries
The Court considered when an employee, who seeks to reopen a workers’ compensation claim that has been closed for over a year, is deemed to have been “off work” under NRS 616C.390(5).
Brief For Petitioners. Sandifer V. United States Steel Corp., 134 S. Ct. 870 (2014) (No. 12-417), 2013 U.S. S. Ct. Briefs Lexis 2320, Eric Schnapper, Aaron B. Maduff, Michael L. Maduff, Walker R. Lawrence, Robert F. Childs, Jr., Abby Morrow Richardson, David L. Kern
Brief For Petitioners. Sandifer V. United States Steel Corp., 134 S. Ct. 870 (2014) (No. 12-417), 2013 U.S. S. Ct. Briefs Lexis 2320, Eric Schnapper, Aaron B. Maduff, Michael L. Maduff, Walker R. Lawrence, Robert F. Childs, Jr., Abby Morrow Richardson, David L. Kern
Court Briefs
No abstract provided.
Summary Of City Of Las Vegas V. Evans, 129 Nev. Adv. Op. 31, Timothy A. Wiseman
Summary Of City Of Las Vegas V. Evans, 129 Nev. Adv. Op. 31, Timothy A. Wiseman
Nevada Supreme Court Summaries
The court considered whether a firefighter who does not qualify for a presumption that his cancer is a compensable occupational disease may still seek to prove it is a compensable occupational disease without the benefit of the presumption. The court also considered whether the appeals officer erred in awarding benefits in this case for a firefighter’s cancer.
Does Public Employee Collective Bargaining Distort Democracy? A Perspective From The United States, Martin H. Malin
Does Public Employee Collective Bargaining Distort Democracy? A Perspective From The United States, Martin H. Malin
All Faculty Scholarship
The beginning of the second decade of the 21st century saw renewed attacks on public employee collective bargaining, which included claims that allowing public employees to organize and bargain collectively distorts democratic processes. These renewed attacks included the traditional claim that public employee collective bargaining inappropriately gives one interest group, workers and their unions, an avenue of access to public decision-makers that is not available to other interest groups. The attack also raised a new claim of distortion of democratic processes: that unions are inappropriately advantaged in the broader political process through agency shop or fair share and dues check-off …
Supporting Employment First: Assisting States In Achieving Improved Employment Outcomes For Individuals With Intellectual Disabilities, Cindy Thomas, Institute For Community Inclusion, University Of Massachusetts Boston
Supporting Employment First: Assisting States In Achieving Improved Employment Outcomes For Individuals With Intellectual Disabilities, Cindy Thomas, Institute For Community Inclusion, University Of Massachusetts Boston
Office of Community Partnerships Posters
A membership network of 29 states, the State Employment Leadership Network is a community of practice where members meet to connect, collaborate, and share information and lessons learned across state lines and system boundaries. Participating state agency officials build cross-community support for pressing employment-related issues and policies at state and federal levels. States commit to work together and engage in a series of activities to analyze key elements in their systems to improve the integrated employment outcomes for their citizens with intellectual and developmental disabilities.
Umass Boston – Brazilian Immigrant Center Partnership, Tim Sieber, C. Eduardo Siqueira, Natalicia Tracy, Gaston Institute, University Of Massachusetts Boston
Umass Boston – Brazilian Immigrant Center Partnership, Tim Sieber, C. Eduardo Siqueira, Natalicia Tracy, Gaston Institute, University Of Massachusetts Boston
Office of Community Partnerships Posters
The Brazilian Immigrant Center (BIC) does organizing, advocacy and training to reduce marginalization of Brazilian immigrants, promoting their engagement as workers & civic participants. A worker’s center, BIC supports and defends workers’ rights under current state & US labor laws. BIC helps workers mediate complaints with employers, and refers others for class action suits, or intervention by the Mass. Attorney General or US Dept of Labor. A special focus at present is organizing mostly women domestic workers, and BIC has a new Law and Policy Clinic, a Domestic Worker Mediation Program, and an Immigration Justice Project staffed by two full-time …
The Uncertain Impact Of Wal-Mart V. Dukes, Michael Harper
The Uncertain Impact Of Wal-Mart V. Dukes, Michael Harper
Faculty Scholarship
It has been less than two years since the Supreme Court’s controversial decision in Wal-Mart v. Dukes, 131 S.Ct. 2541 (2011). During this short period the Court’s opinion has been interpreted by numerous lower courts. It also, not surprisingly, has been the subject of a substantial amount of commentary in law reviews and numerous proposals for legislative reform to restore a promise of class action challenges to employment discrimination that the Dukes decision allegedly shattered. Drawing from this commentary, I would choose these two very different articles as useful guides for tracking the impact of Dukes on employment discrimination class …
A Dilemma Of Doctrinal Design: Rights, Identity And The Work-Family Conflict, Lauren Sudeall
A Dilemma Of Doctrinal Design: Rights, Identity And The Work-Family Conflict, Lauren Sudeall
Vanderbilt Law School Faculty Publications
This symposium article suggests that with regard to the work-family conflict, we may have exhausted doctrine’s potential in setting a constitutional foundation for women to be treated as equals in the workplace and requiring that they not be discriminated against in the event that they decide to start a family. For purposes of this piece, those accomplishments constitute the first phase or “first generation” of progress. This article is concerned with how doctrine relates to “second generation” issues arising from the work-family conflict: how to balance work and family once some initial level of equality has been achieved; how to …
Union Dues In The Public Sector: Legislative Changes And Legal Challenges, Ann C. Hodges
Union Dues In The Public Sector: Legislative Changes And Legal Challenges, Ann C. Hodges
Law Faculty Publications
The economic crisis that began in 2008 led many states and localities to look for ways to reduce labor costs, which form a substantial portion of government budgets. Some state legislatures focused on collective bargaining laws, with Wisconsin being the most high profile example. Along with the restrictions on bargaining, a number of states moved to limit the collection of union dues. The limitations were not across the board, but primarily directed at either political expenditures of unions or at particular unions, most commonly education unions. Not surprisingly, the laws enacted were immediately subjected to legal challenge sinceunions, like every …
Vocational Rehabilitation Agencies Helping People With Psychiatric Disabilities Get Employed: How Far Have We Come? How Far Do We Have To Go?: Case Studies Of Promising Practices In Vocational Rehabilitation, Joseph Marrone, Mary Lynn Cala, Kelly Haines, Heike Boeltzig-Brown, Susan Foley
Vocational Rehabilitation Agencies Helping People With Psychiatric Disabilities Get Employed: How Far Have We Come? How Far Do We Have To Go?: Case Studies Of Promising Practices In Vocational Rehabilitation, Joseph Marrone, Mary Lynn Cala, Kelly Haines, Heike Boeltzig-Brown, Susan Foley
All Institute for Community Inclusion Publications
The final set of eight promising practices out of the 58 nominated practices are summarized here and then described inmore detail in the appendix. Each descriptive write up can be used independently and provides sufficient detail for review. A note from the VR RRTC Team: These are descriptions of practices in one snapshot of time. We acknowledge that by thetime we are able to produce asummary report, practices may have evolved or modified, and new practices may have emerged. For more specific details or up to date descriptions we advise going to the source, the state VR agencies, directly. We …