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Articles 601 - 630 of 867
Full-Text Articles in Labor and Employment Law
The Essence Of Her Womanhood: Defining The Privacy Rights Of Women Prisoners And The Employment Rights Of Women Guards , Rebecca Jurado
The Essence Of Her Womanhood: Defining The Privacy Rights Of Women Prisoners And The Employment Rights Of Women Guards , Rebecca Jurado
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Continuing Validity Of Disparate Impact Analysis For Federal-Sector Age Discrimination Claims , Keith R. Fentonmiller
The Continuing Validity Of Disparate Impact Analysis For Federal-Sector Age Discrimination Claims , Keith R. Fentonmiller
American University Law Review
No abstract provided.
An Unfirm Foundation: The Regrettable Indefensibility Of Religious Exemptions, Frederick Mark Gedicks
An Unfirm Foundation: The Regrettable Indefensibility Of Religious Exemptions, Frederick Mark Gedicks
University of Arkansas at Little Rock Law Review
No abstract provided.
Antidiscrimination And Affirmative Action Policies: Economic Efficiency And The Constitution, Edward M. Iacobucci
Antidiscrimination And Affirmative Action Policies: Economic Efficiency And The Constitution, Edward M. Iacobucci
Osgoode Hall Law Journal
This article assesses the economic efficiency of race-based antidiscrimination and affirmative action policies with a view to assessing relevant Canadian and American constitutional law. The article reviews economic arguments about why antidiscrimination laws may be efficient in addressing externalities, in hastening the exit of bigoted employers from the market, and in preventing the potentially inefficient use of race as a proxy for information; affirmative action may be efficient in accounting for differential signaling costs across race. The article concludes that economic analysis supports the approach in section 15 of the Charter which generally bans discriminatory government action, but recognizes that …
Human Rights Of Women In Central And Eastern Europe, Julie Mertus
Human Rights Of Women In Central And Eastern Europe, Julie Mertus
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Affirmative Action Awash In Confusion: Backward-Looking-Future-Oriented Justifications For Race-Conscious Measures, Ann C. Mcginley
Affirmative Action Awash In Confusion: Backward-Looking-Future-Oriented Justifications For Race-Conscious Measures, Ann C. Mcginley
Scholarly Works
The Third Circuit Court of Appeals, sitting en banc, decided Taxman v. Board of Education of the Township of Piscataway, in August 1996. Eight judges agreed that he Board of Education of Piscataway Township, New Jersey violated Title VII of the Civil Rights Act by using race, in accordance with its affirmative action policy, to break a tie between two teachers in the Business Department at Piscataway High School when determining which teacher to lay off. A strong dissent by Chief Judge Sloviter was joined by two other Court of Appeals judges. The majority decision is remarkable in its breadth, …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Mandating English Proficiency For College Instructors: States' Responses To "The Ta Problem", Kenneth King
Mandating English Proficiency For College Instructors: States' Responses To "The Ta Problem", Kenneth King
Vanderbilt Journal of Transnational Law
This Note examines the background, provisions, effects, and constitutionality of state legislation mandating English proficiency assessment for college instructors. Such legislation responds to complaints about the comprehensibility of international instructors--particularly teaching assistants--at U.S. colleges and universities. U.S. universities employ large numbers of international instructors in scientific, technical, and business fields. Such employment is only one aspect of a broader U.S. importation of scientific and technical talent. This Note first considers the background and legitimacy of complaints about international instructors, and then examines the background and details of specific state provisions. It discusses the statutes' effects and particular concerns they raise, …
Fables Of The Deconstruction: The Practical Failures Of Gay And Lesbian Theory In The Realm Of Employment Discrimination, Theodore A. Schroeder
Fables Of The Deconstruction: The Practical Failures Of Gay And Lesbian Theory In The Realm Of Employment Discrimination, Theodore A. Schroeder
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Affirmative Action In Question: A Coherent Theory For Section 15(2), Mark A. Drumbl, John D.R. Craig
Affirmative Action In Question: A Coherent Theory For Section 15(2), Mark A. Drumbl, John D.R. Craig
Scholarly Articles
Affirmative action programs are constitutionally protected in Canada under section 15(2) of the Charter. This section has received little judicial interpretation and, consequently, no coherent approach to the interpretation of section 15(2) has been developed. Furthermore, there is an urgent need to define the meaning of section 15(2), as affirmative action programs can be used to perpetuate stereotypes and discrimination while being given a blanket endorsement through section 15(2). The authors suggest that section 15(2) does not merely promote substantive equality, as this is the function of section 15(1), but embodies the social justice conception of equality, which allocates social …
On Balancing Scales, Kaleidoscopes, And The Blurred Limits Of Academic Freedom, Harry F. Tepker Jr., Joseph Harroz Jr.
On Balancing Scales, Kaleidoscopes, And The Blurred Limits Of Academic Freedom, Harry F. Tepker Jr., Joseph Harroz Jr.
Oklahoma Law Review
No abstract provided.
Employment Law: Acevedo V. City Of Muskogee -- Creating A New Doctrine For Judging The Value Of Public Employee Speech Rights--Sound Policy Or Doctrinal Mutiny?, Timothy Wilson
Oklahoma Law Review
No abstract provided.
Court Of Appeals Ballentine V. Koch (Decided October 22, 1996)
Court Of Appeals Ballentine V. Koch (Decided October 22, 1996)
Touro Law Review
No abstract provided.
Employer Regulation Of Romantic Relationships: The Unsettled Law Of New York State, Alyce H. Rogers
Employer Regulation Of Romantic Relationships: The Unsettled Law Of New York State, Alyce H. Rogers
Touro Law Review
No abstract provided.
Constitutional Law Ii: The Law And Politics Of Constitutional Cases, Oregon Law Institute, Susan P. Graber, W. Michael Gillette, Rebecca R. Davis, David Schuman, Claudia E. Burton, David Heynderickx, Kelly W.G. Clark
Constitutional Law Ii: The Law And Politics Of Constitutional Cases, Oregon Law Institute, Susan P. Graber, W. Michael Gillette, Rebecca R. Davis, David Schuman, Claudia E. Burton, David Heynderickx, Kelly W.G. Clark
Oregon Law Institute, 1996
Course Materials from the October 11, 1996 Program in Portland
Grasping The Intangible: A Guide To Assessing Nonpecuniary Damages In The Eeoc Administrative Process , Douglas M. Staudmeister
Grasping The Intangible: A Guide To Assessing Nonpecuniary Damages In The Eeoc Administrative Process , Douglas M. Staudmeister
American University Law Review
No abstract provided.
The Anatomy Of An Appeal, Oregon Law Institute, Jeffrey M. Batchelor, Stephen S. Trott, Paul J. De Muniz, W. Michael Gillette, Susan M. Leeson, Rick T. Haselton, Paula A. Barran, James E. Mountain
The Anatomy Of An Appeal, Oregon Law Institute, Jeffrey M. Batchelor, Stephen S. Trott, Paul J. De Muniz, W. Michael Gillette, Susan M. Leeson, Rick T. Haselton, Paula A. Barran, James E. Mountain
Oregon Law Institute, 1996
Course Materials from the September 13, 1996 Program in Portland
Constitutional Law—First Amendment And Freedom Of Speech—Public Employers Must Conduct A Reasonable Investigation To Determine If An Employee's Speech Is Protected Before Discharging The Employee Based Upon The Speech. Waters V. Churchill, 114 S. Ct. 1878 (1994)., D. Keith Fortner
University of Arkansas at Little Rock Law Review
No abstract provided.
Public Employee Speech And Public Concern: A Critique Of The U.S. Supreme Court's Threshold Approach To Public Employee Speech Cases, 30 J. Marshall L. Rev. 121 (1996), Pengtian Ma
UIC Law Review
No abstract provided.
Getting It Right: Uncertainty And Error In The New Disparate Treatment Paradigm, Henry L. Chambers, Jr.
Getting It Right: Uncertainty And Error In The New Disparate Treatment Paradigm, Henry L. Chambers, Jr.
Law Faculty Publications
This Article will explore whether the Court is getting it right or merely getting it done in the disparate treatment context. Part II of this Article will present the contradictory forces underlying getting it done and getting it right in the civil justice system in general, and in employment discrimination litigation in particular. Part III will explore the orthodoxy of disparate treatment law as it stands after Hicks. Part IV will examine the effect of abandoning the paradigm that proof of falsity is proof of intentional discrimination. Part V will offer suggestions on what the Court can do to make …
Equal Rights-Compatibility Of Family And Career-Legal Comparison: East Germany (Gdr) And Federal Republic Of Germany Today, Anita Grandke
Equal Rights-Compatibility Of Family And Career-Legal Comparison: East Germany (Gdr) And Federal Republic Of Germany Today, Anita Grandke
Cardozo Journal of Equal Rights & Social Justice
The article examines the evolution of gender equality in East Germany from the post-WWII era through the 1990 unification with West Germany, highlighting how East Germany's progressive laws promoting women's rights were rolled back after unification, leading to significant setbacks for women in employment, family life, and legal protections.
Free Speech And Due Process In The Workplace, Cynthia L. Estlund
Free Speech And Due Process In The Workplace, Cynthia L. Estlund
Indiana Law Journal
No abstract provided.
Exploring The Constitutional Limits To Workfare And Learnfare, Mark Anthony Drumbl
Exploring The Constitutional Limits To Workfare And Learnfare, Mark Anthony Drumbl
Scholarly Articles
In recent times, there has been growing interest in the concepts of mandatory work and training programs for social assistance recipients. In this article, the author examines the social policy arguments for and against such programs. He also analyzes them from the perspective of the Charter of Rights. He concludes that mandatory work and training programs may be subject to legal challenge under the Charter of Rights unless participation is voluntary or the programs are carefully designed.
E-Mail And Voice Mail: Employee Privacy And The Federal Wiretap Statute , Thomas R. Greenberg
E-Mail And Voice Mail: Employee Privacy And The Federal Wiretap Statute , Thomas R. Greenberg
American University Law Review
No abstract provided.
Employment Discrimination: Recent Developments In The Supreme Court (Symposium: The Supreme Court And Local Government Law: The 1992-93 Term), Eileen Kaufman
Employment Discrimination: Recent Developments In The Supreme Court (Symposium: The Supreme Court And Local Government Law: The 1992-93 Term), Eileen Kaufman
Scholarly Works
At a symposium entitled, “The Supreme Court and Local Government Law; The 1992/93 Term”, Professor Eileen Kaufman spoke about the cases involving employment discrimination that were decided during that particular Term, Hazen Paper Company v. Biggins and St. Mary's Honor Center v. Hicks. While Hazen is an age discrimination case and St. Mary's is a Title VII case, they can be viewed as companion cases which serve to explain what an employment discrimination plaintiff must now establish when attempting to prove disparate treatment by indirect evidence. By way of preview, suffice it to say that plaintiff's task has been made …
Rethinking Rawls' Theory Of Liberty And Rights, James W. Nickel
Rethinking Rawls' Theory Of Liberty And Rights, James W. Nickel
Articles
No abstract provided.
Can Employment Law Arbitration Work?, Mark Berger
Can Employment Law Arbitration Work?, Mark Berger
Faculty Works
Over the course of the 1960s through early 1990s, a wave of Federal and State legislation modified the presumption of an at-will employment relationship with a number of statutes that gave workers rights to not be terminated for suspect reasons. However, these protections made conflicts following termination of employment far more likely, and measures were taken to try to lessen the chance of these becoming litigation. Following the Supreme Court’s decision in Gilmer v. Interstate/Johnson Lane Corporation, the use of mandatory alternative dispute resolution, primarily arbitration, to resolve employment rights claims began to be considered. This article examines whether …
An Enriched Economic Model Of Political Patronage And Campaign Contributions: Reformulating Supreme Court Jurisprudence, Richard L. Hasen
An Enriched Economic Model Of Political Patronage And Campaign Contributions: Reformulating Supreme Court Jurisprudence, Richard L. Hasen
Cardozo Law Review
No abstract provided.
Washington Constitution Article 1, Section 7: The Argument For Broader Protection Against Employer Drug Testing, Ken Davis
Seattle University Law Review
This Comment will analyze Article 1, Section 7 of the Washington Constitution, the search and seizure provision, and conclude that this provision should be construed to provide greater protection to employees against employer drug testing absent individualized suspicion than the Fourth Amendment does. The scope of this Comment, however, is limited to the rights of state employees with respect to suspicionless drug testing. The rights of federal employees are not included in this analysis because they are protected against suspicionless drug testing only by the Fourth Amendment, not by the analogous Washington provision. Moreover, Article 1, Section 7, like the …
Constitutional Law - Bargaining Away Fourth Amendment Rights In Labor Dispute Resolution, Andrew M. Souder
Constitutional Law - Bargaining Away Fourth Amendment Rights In Labor Dispute Resolution, Andrew M. Souder
Villanova Law Review (1956 - )
No abstract provided.