Labor and Employment Law Commons^™

Deliberate Intention Claims Based On Third-Party Criminal Acts: Blake V. John Skidmore Truck Stop, Inc., Philip R. Strauss

West Virginia Law Review

No abstract provided.

Employer Liability For Employee Online Criminal Acts, Jeffrey S. Nowak

Federal Communications Law Journal

While the computer and Internet have served as the foundation for a more efficient and effective workplace, they have also wreaked havoc on employers. Employees are increasingly using work-related time to enter the Information Superhighway to commit criminal acts upon third parties outside the employer’s business. Can an employer be held liable for such acts when they are committed using the employer’s computer and Internet system? While the doctrine of respondeat superior may shield employers from liability, the theory of negligent retention or supervision may allow injured parties a second bite at the employer liability apple. Because legislatures and courts …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Crime And Work, Jeffrey Fagan, Richard B. Freeman

Faculty Scholarship

Crime and legal work are not mutually exclusive choices but represent a continuum of legal and illegal income-generating activities. The links between crime and legal work involve trade-offs among crime returns, punishment costs, legal work opportunity costs, and tastes and preferences regarding both types of work. Rising crime rates in the 1980s in the face of rising incarceration rates suggest that the threat of punishment is not the dominant cost of crime. Crime rates are inversely related to expected legal wages, particularly among young males with limited job skills or prospects. Recent ethnographic research shows that involvement in illegal work …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Freeing Prisoners' Labor, Stephen P. Garvey

Cornell Law Faculty Publications

Although labor was central to the internal life of the early penitentiary, it has virtually vanished from today's prison. In this article, Professor Garvey proposes making labor once again a key part of the prison regime. During the decades surrounding the turn of the century, organized labor and business successfully lobbied for protectionist state and federal legislation that prohibited private firms from contracting for prison labor and selling prison-made goods on the open market. This legislation abolished the old "contract" system of prison labor and replaced it with the "state-use" system. Under the state-use system, inmates work only for the …

Limiting Liability Through Education: Do School Districts Have A Responsibility To Teach Students About Peer Sexual Harassment?, Diane M. Welsh

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Sex Discrimination And Sexual Harassment In Agricultural Labor, Maria M. Dominguez

American University Journal of Gender, Social Policy & the Law

No abstract provided.

A Case Of Misplaced Priorities: A Proposed Solution To Resolve The Apparent Conflict Between Sections 507 And 1113 Of The Bankruptcy Code, Steven Kropp

Cardozo Law Review

A single corporate bankruptcy is like a pebble thrown into a pond: the ripples keep extending out. Every bankruptcy filing has negative consequences for the corporation's creditors, including its workers. Indeed, a corporate bankruptcy may push many small creditors over the financial brink and even force some of them to file for bankruptcy.

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

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

New Public Law Legislation, Oregon Law Institute, Paul Snider, Karen M. Vickers, Lynn Rosik, Marianna Kanwit, Maria Keltner

Oregon Law Institute, 1995

Course Materials from the September 15, 1995 Program in Portland

Criminalization As A Policy Response To A Public Health Crisis, 27 J. Marshall L. Rev. 435 (1994), J. Kelly Strader

UIC Law Review

No abstract provided.

The Invisible Cupola: From Casual To Collective Attribution In Ecological Liability, Gunther Teubner

Cardozo Law Review

When I speak about the cupola, it is not Brunelleschi's architectural masterpiece crowning the Florentine duomo that appears before my eyes. Rather, I see the ugly architecture of organized crime, the brutal supersecret "cupola" on top of the Mafia's hierarchy which overshadows social life in Italy. Does this cupola exist or not? Over the recent years, the Mafia's cupola has been the object of a bitter struggle between Italian judges. While the lower courts have been sending numerous mafiosi to prison because they were part of the invisible cupola controlling "tutti i grandi delitti," the court of the next instance …

Criminal Prosecution Of Workplace Safety Violations, Michael T. Cimino

West Virginia Law Review

No abstract provided.

A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger

Faculty Scholarship

Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …

The Reasonable Woman And The Ordinary Man, Carol Sanger

Faculty Scholarship

Nineteen ninety-one was a seismic year for sexual harassment. The first localized shift occurred in January, when the Ninth Circuit established that the standard by which sexual harassment in the workplace would be judged was no longer the reasonable man or even the reasonable person but rather the reasonable woman. In October a larger audience felt a much stronger jolt when Anita Hill spoke before the Senate Judiciary Committee.

Hill testified that Supreme Court nominee Clarence Thomas had sexually harassed her while she worked for him at the Department of Education and at the Equal Employment Opportunity Commission. Her testimony …

Private Plaintiffs' Use Of Equitable Remedies Under The Rico Statute: A Means To Reform Corrupted Labor Unions, Randy M. Mastro, Steven C. Bennett, Mary P. Donlevy

University of Michigan Journal of Law Reform

Part I of this Article outlines the government's approach to civil RICO actions involving labor unions, including an overview of the government's prior civil RICO actions and a summary of the types of issues that often arise in such actions. Part II examines the unique issues involved in a civil RICO action brought by a private plaintiff. The principal issue addressed in this Part is whether a private plaintiff can bring an action under the equitable remedies provisions of the RICO statute. This Part also addresses the issues of how a private plaintiff can gain access to information that may …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

The Ultimate Injustice: When A Court Misstates The Facts, Anthony D'Amato

Cardozo Law Review

No abstract provided.

Future Disabilities Under New York’S Human Rights Law, Andrea Lisa Leeb

Cardozo Law Review

No abstract provided.

The Judicial Performance Of Robert H. Bork In Administrative And Regulatory Law, Richard B. Stewart

Cardozo Law Review

No abstract provided.

The White House Report: Information On Judge Bork's Qualifications, Judicial Record & Related Subjects

Cardozo Law Review

No abstract provided.

Criminal Sanctions, Personal Civil Penalties, And Special Investigations Under The Federal Mine Safety And Health Act Of 1977: A Practitioner's Approach, Mark N. Savit

West Virginia Law Review

No abstract provided.

Wimberly V. Labor & Industrial Relations Commission Of Missouri, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Meritor Savings Bank, Fsb V. Vinson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Labor Racketeering And Labor Law: State Regulation V. Federal Rights: An Analysis Of Brown V. Hotel And Restaurant Employees Union Local 54, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Brown v. Hotel and Restaurant Employees, 468 U.S. 491 (1984). The author expected the Court to decide which interest prevails where there is a conflict between New Jersey's regulation of labor unions in order to reduce the influence of organized crime in the labor sector and federally granted rights to organize and bargain collectively.

Criminal Sanctions Under The Federal Mine Safety And Health Act Of 1977, Dennis M. Ryan, Ronald J. Schell

West Virginia Law Review

No abstract provided.

Rule 10b-5-The Equivalent Scope Of Liability Under Respondeat Superior And Section 20(A)-Imposing A Benefit Requirement On Apparent Authority, Carol M. Lynch

Vanderbilt Law Review

This Note demonstrates that the scope of employer liability for employees' rule 10b-5 violations is no broader under a proper application of respondeat superior than under section 20(a). This Note does not address the question whether respondeat superior applies under rule 10b-5, but rather how courts should apply it.

Part II examines the majority, minority, and Third Circuit decisions on employer liability. Part III discusses the traditional analysis under both respondeat superior and section 20(a) and compares the scope of liability under each one. Part III concludes that except for an employer's liability for acts that are within an employee's …

Survey Of Developments In The Fourth Circuit: 1981

West Virginia Law Review

No abstract provided.