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Articles 1 - 7 of 7
Full-Text Articles in Law
Is Congress Holding Itself To Account? Addressing Congress's Sexual Harassment Problem And The Congressional Accountability Act Of 1995 Reform Act, Christina C. Hopke
Is Congress Holding Itself To Account? Addressing Congress's Sexual Harassment Problem And The Congressional Accountability Act Of 1995 Reform Act, Christina C. Hopke
Notre Dame Law Review
This Note explores how the Congressional Accountability Act of 1995 ("CAA") contributed to the underreporting of the sexual harassment occurring in Congress and evaluates both the original proposals offered by the House and Senate to reform the CAA and the Reform Act in its final form. Part I will offer brief background information on the ‘me too’ Movement and the specific allegations of harassment against individuals in Congress. Part II will explore the issue of underreporting when it comes to instances of sexual harassment, with a particular focus on reporting considerations of professional women such as those employed in the …
The Gendered Burdens Of Conviction And Collateral Consequences On Employment, Joni Hersch, Erin E. Meyers
The Gendered Burdens Of Conviction And Collateral Consequences On Employment, Joni Hersch, Erin E. Meyers
Journal of Legislation
Ex-offenders are subject to a wide range of employment restrictions that limit the ability of individuals with a criminal background to earn a living. This Article argues that women involved in the criminal justice system likely suffer a greater income-related burden from criminal conviction than do men. This disproportionate burden arises in occupations that women typically pursue, both through formal pathways, such as restrictions on occupational licensing, and through informal pathways, such as employers’ unwillingness to hire those with a criminal record. In addition, women have access to far fewer vocational programs while incarcerated. Further exacerbating this burden is that …
The Ncaa's Transfer Conundrum, Christopher J. Gerace
The Ncaa's Transfer Conundrum, Christopher J. Gerace
Notre Dame Law Review
This Note articulates a normative framework for analyzing NCAA transfer rules, arguing that a balance must be struck between fairness for student-athletes and appropriate restrictions on transfer rules so as to prevent full-on free agency in collegiate athletics. The Note additionally argues that institutional autonomy over academics is a factor the NCAA must consider along with fairness and prevention of free agency. This Note will not wade into the complicated waters of potential antitrust issues with the NCAA, nor discuss the controversial calls for pay-for-play or unionization for student-athletes—instead, this Note will simply take for granted that it is desirable …
On Public Employees And Judicial Buck-Passing: The Respective Roles Of Statutory And Constitutional Protections For Government Whistleblowers, Heidi Kitrosser
On Public Employees And Judicial Buck-Passing: The Respective Roles Of Statutory And Constitutional Protections For Government Whistleblowers, Heidi Kitrosser
Notre Dame Law Review
In Garcetti v. Ceballos, the Supreme Court held that public employees have no First Amendment protections for speech made “pursuant to their official duties.” Writing for the majority, Justice Kennedy assured readers that the holding did not undermine “the potential societal value of employee speech.” Among other things, Kennedy pointed to a “powerful network of legislative enactments—such as whistle-blower protection laws and labor codes—available to [public employees] who seek to expose wrongdoing.” Yet as Justice Souter pointed out in dissent and as several amici had informed the Court in their briefs, “the combined variants of statutory whistle-blower definitions and …
The Discrimination Presumption, Joseph A. Seiner
The Discrimination Presumption, Joseph A. Seiner
Notre Dame Law Review
Employment discrimination is a fact in our society. Scientific studies continue to show that employer misconduct in the workplace is pervasive. This social science research is further supported by governmental data and litigation statistics. Even in the face of this evidence, however, it has never been more difficult to successfully bring a claim of employment discrimination. After the Supreme Court’s controversial decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, all civil litigants must sufficiently plead enough facts to give rise to a plausible claim. Empirical studies show that this plausibility test has been rigidly applied in …
The Employee Right To Disconnect, Paul M. Secunda
The Employee Right To Disconnect, Paul M. Secunda
Notre Dame Journal of International & Comparative Law
U.S. workers are increasingly finding it difficult to escape from work. Through their smartphones, e-mail, and social media, work tethers them to their workstations well after the work day has ended. Whether at home or in transit, employers are asking or requiring employees to complete assignments, tasks, and projects outside of working hours. This practice has a profound detrimental impact on employee privacy and autonomy, safety and health, productivity and compensation, and rest and leisure. France and Germany have responded to this emerging workplace issue by taking different legal approaches to providing their employees a right to disconnect from the …
The Compliance Process, Veronica Root Martinez
The Compliance Process, Veronica Root Martinez
Journal Articles
Even as regulators and prosecutors proclaim the importance of effective compliance programs, failures persist. Organizations fail to ensure that they and their agents comply with legal and regulatory requirements, industry practices, and their own internal policies and norms. From the companies that provide our news, to the financial institutions that serve as our bankers, to the corporations that make our cars, compliance programs fail to prevent misconduct each and every day. The causes of these compliance failures are multifaceted and include general enforcement deficiencies, difficulties associated with overseeing compliance programs within complex organizations, and failures to establish a culture of …