Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Type
Articles 1 - 8 of 8
Full-Text Articles in Law
Undocumented Workers Are Entitled To Vote In Union Elections - But Are They "Employees" Under The Law?, Beth Wolf Mora
Undocumented Workers Are Entitled To Vote In Union Elections - But Are They "Employees" Under The Law?, Beth Wolf Mora
Golden Gate University Law Review
This note discusses the facts and procedural history of Kolkka. Part III provides a detailed legal and historical analysis of the applicable statutes, case law, and debates surrounding undocumented workers rights. Part IV describes the Ninth Circuit's analysis in Kolkka. Part V critiques the Ninth Circuit's holding in Kolkka asserting that undocumented workers have the right to vote in union elections. Finally, Part VI concludes that judicial decisions supporting undocumented workers rights as an "employees," outweighs the political opposition to rights for undocumented workers. Therefore, to protect undocumented workers, statutory language should expressly state that they are "employees."
Employment Law - Johnson V. State Of Oregon, Beryl Slavov
Employment Law - Johnson V. State Of Oregon, Beryl Slavov
Golden Gate University Law Review
The Americans with Disabilities Act of 1990 (ADA) requires employers to provide reasonable accommodations to its disabled employees to enable them to perform the essential functions of their position} In Johnson v. State of Oregon, the United States Court of Appeals for the Ninth Circuit determined the circumstances in which the doctrine of judicial estoppel could bar a claim under the ADA when the litigant has sought or received disability benefits. Because this was an issue of first impression, the court relied upon Federal Guidelines and case law from other circuits to conclude that the pursuit or receipt of disability …
Employment Law - Duffield V. Robertson Stephens & Co., Kate S. Langer
Employment Law - Duffield V. Robertson Stephens & Co., Kate S. Langer
Golden Gate University Law Review
In Duffield v. Robertson Stephens & Company, the United States Court of Appeals for the Ninth Circuit held that the Civil Rights Act of 1991 prohibited an employer from requiring, as a condition of employment, that prospective or current employees agree in advance to arbitrate Title VII claims arising out of the employment relationship. Relying on the purposes and legislative history of the 1991 Act, the Ninth Circuit became the only circuit to find that the Act barred these mandatory arbitration agreements.
Union Power, Soul Power: Intersections Of Race, Gender And Law, Wendy L. Wilbanks
Union Power, Soul Power: Intersections Of Race, Gender And Law, Wendy L. Wilbanks
Golden Gate University Law Review
This Comment will cover three main topics. First, this Comment will tell the story of the Charleston strike and the individual women involved. Second, this Comment will examine, through the eyes of those individuals, the unique ways in which race and gender come together to create unique circumstances that deserve legal consideration. For both of these sections, I use the women's own voices to illustrate and reinforce substantive points. Third, this comment will describe the 10-day strike notice provision, examining how it would have affected the Charleston workers had it been enacted in 1969 during the time of the strike. …
Divinity Vs. Discrimination: Curtailing The Divine Reach Of Church Authority, Whitney Ellenby
Divinity Vs. Discrimination: Curtailing The Divine Reach Of Church Authority, Whitney Ellenby
Golden Gate University Law Review
Church authority to practice gender discrimination in employment decisions represents the collision of principles of religious liberty on one hand, and the need to eradicate invidious discrimination on the other. In order to secure the free exercise of religion, the First Amendment prohibits legislation which interferes with or significantly abridges religious belief or conduct. To the extent that employment decisions represent the extension of religious belief, churches have a strong claim of immunity from judicial review of their decisions. Title VII of the Civil Rights Act of 1964 thus exempts religious entities from civil liability when their discriminatory conduct is …
Labor Law, Richard Slizeski, Alice Guckeen, Tom C. Clark
Labor Law, Richard Slizeski, Alice Guckeen, Tom C. Clark
Golden Gate University Law Review
No abstract provided.
Labor Law, Mitchell H. Miller
Asian Law Journal Symposium On Labor And Immigration, Hina Shah
Asian Law Journal Symposium On Labor And Immigration, Hina Shah
Publications
No abstract provided.