Law Commons^™

What The Awards Tell Us About Labor Arbitration Of Employment Discrimination Claims, Ariana R. Levinson

Ariana R. Levinson

This Article contributes to the debate over mandatory arbitration of employment-discrimination claims in the unionized sector. In light of the proposed prohibition on union waivers in the Arbitration Fairness Act, this debate has significant practical implications. Fundamentally, the Article is about access to justice. It examines 160 labor arbitration opinions and awards in employment-discrimination cases. The author concludes that labor arbitration is a forum in which employment-discrimination claims can be-and, in some cases, are-successfully resolved. Based upon close examination of the opinions and awards, the Article recommends legislative improvements in certain cases targeting statutes of limitations, compulsory process, remedies, class …

Matters Of Public Concern And The Public University Professor., Chris Hoofnagle

Chris Jay Hoofnagle

Seeks to answer whether a professor's expression is a matter of public concern in order to qualify for constitutional protection; discusses public concern cases involving faculty expression. Suggests that the professor bears a difficult burden in passing this threshold test and that the scope of professors' protected speech has consequently been limited. (EV)

Northwestern, O'Bannon And The Future: Cultivating A New Era For Taxing Qualified Scholarships, Kathryn Kisska-Schulze, Adam Epstein

Adam Epstein

Worker (Mis)Classification In The Sharing Economy: Trying To Fit Square Pegs Into Round Holes, Robert Sprague

Robert Sprague

Retaliatorily Discharged Employees’ Standing To Sue Under The Antitrust Laws, Gary Shaw

Gary M. Shaw

No abstract provided.

The Ugly Truth About Appearance Discrimination And The Beauty Of Our Employment Discrimination Law, William R. Corbett

William R. Corbett

The keynote speaker for the conference begins by reminding the audience that a mere quarter of a century earlier there was no federal law that expressly prohibited discrimination in employment based on physical appearance. Considering the difficulty of crafting and enacting an appearance-based employment discrimination law should lead to a fuller appreciation of not only our employment discrimination laws generally, but also the Americans with Disabilities Act specifically.

Personal Use Of Workplace Computers: A Threat To Otherwise Privileged Communications, Louise Hill

Louise L Hill

This article is an adaptation of "Gone but Not Forgotten: When Privacy, Policy and Privilege Collide" originally published in the Northwestern Journal of Technology and Intellectual Property, Volume 9, Issue 8, 2011

Who Are These People? New Generation Employees And Trade Secrets, Elizabeth A. Rowe

Elizabeth A Rowe

Traditional approaches to examining the efficacy of trade secret protection in the workplace are often focused on technological and process based measures. Indeed, much attention has focused on the use of technology, by itself, to stem trade secret misappropriation. This Article offers a novel approach to the problem by incorporating contextual factors that might be important to trade secret protection and focuses on the people. It also, for the first time, applies sociological theories about employee theft to trade secret misappropriation. Working from the outside in, the Article examines first the reported societal effects on the values of those workers …

Contractarians, Communitarians And Agnostics, Alan E. Garfield

Alan E Garfield

This is a review of the Special Issue on the Corporate Stakeholder Debate: The Classical Theory and Its Critics, 43 AM. J. COMP. L. 150 (1995). While I find all of the contributions to the symposium thoughtful and provocative, I ultimately found the arguments weakened by their lack of empirical support. For so many of the questions posed in the symposium, the empirical data needed to furnish answers was either absent or conflicting. This deficiency left the articles seeming artificial: elegant theories floating without an anchor. I finished the symposium neither a converted contractarian nor communitarian, but an agnostic – …

Fair Dealing In Employment Associations: The Reciprocity Of Respect, John F. Nivala

John F. Nivala

No abstract provided.

Time At A Premium: The Arbitration Of Overtime And Premium Pay Disputes, Roger Abrams, Dennis Nolan

Roger I. Abrams

This article continues the joint work of Professors Abrams and Nolan concerning the major issues addressed in labor arbitration. Unionized workplaces often include in their collective bargaining agreements provisions for the payment of premium pay to employees who work in certain situations, such as overtime hours beyond the normal workday or work week or hours worked when employees are called-in to work during non-working hours. The resolution of these disputes requires careful attention to the terms used by parties in their agreements within the context of the basic purposes of such provisions and an understanding of how they generally operate …