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Articles 451 - 480 of 830
Full-Text Articles in Labor and Employment Law
Baby Ka-Boom! Coming Developments In Erisa Litigation Due To Social, Demographic, And Financial Pressures From The Baby Boom Generation, 41 J. Marshall L. Rev. 1037 (2008), Craig C. Martin, Matthew J. Renaud, Douglas A. Sondgeroth
Baby Ka-Boom! Coming Developments In Erisa Litigation Due To Social, Demographic, And Financial Pressures From The Baby Boom Generation, 41 J. Marshall L. Rev. 1037 (2008), Craig C. Martin, Matthew J. Renaud, Douglas A. Sondgeroth
UIC Law Review
No abstract provided.
Retirement In A Defined Contribution Era: Making The Money Last, 41 J. Marshall L. Rev. 1091 (2008), David Pratt
Retirement In A Defined Contribution Era: Making The Money Last, 41 J. Marshall L. Rev. 1091 (2008), David Pratt
UIC Law Review
No abstract provided.
How Much Is Enough? Giving Fiduciaries And Participants Adequate Information About Plan Expenses, 41 J. Marshall L. Rev. 1005 (2008), Debra A. Davis
How Much Is Enough? Giving Fiduciaries And Participants Adequate Information About Plan Expenses, 41 J. Marshall L. Rev. 1005 (2008), Debra A. Davis
UIC Law Review
No abstract provided.
Discriminatory Pay And Title Vii: Filing A Timely Claim, 41 J. Marshall L. Rev. 325 (2008), Megan E. Mowrey
Discriminatory Pay And Title Vii: Filing A Timely Claim, 41 J. Marshall L. Rev. 325 (2008), Megan E. Mowrey
UIC Law Review
No abstract provided.
The Vesting, Modification, And Financing Of Public Retiree Health Benefits In Light Of New Accounting Rules, 41 J. Marshall L. Rev. 1147 (2008), John Sanchez
UIC Law Review
No abstract provided.
The New York City Corporation Counsel: The Best Legal Job In America, Michael A. Cardozo
The New York City Corporation Counsel: The Best Legal Job In America, Michael A. Cardozo
NYLS Law Review
No abstract provided.
Instead Of Enda, A Course Correction For Title Vii, Jennifer S. Hendricks
Instead Of Enda, A Course Correction For Title Vii, Jennifer S. Hendricks
Publications
In September 2008, the D.C. federal court issued a landmark decision holding that discrimination against a transgender person was sex discrimination under Title VII. This decision throws into sharp relief the ongoing debates among supporters of the Employment Non-Discrimination Act about whether the compromise on including protection for gender identity claims. Consideration of ENDA in some form will likely be early on the agenda of the next Congress, especially under a Democratic administration likely to support the bill. This essay proposes an alternative to ENDA that would embrace the theoretical connections between sex, gender, and sexual orientation, with important practical …
Labor And Employment Law, W. David Paxton, Gregory R. Hunt
Labor And Employment Law, W. David Paxton, Gregory R. Hunt
University of Richmond Law Review
No abstract provided.
An Examination Of Guest Worker Immigration Reform Policies In The United States, Merav Lichtenstein
An Examination Of Guest Worker Immigration Reform Policies In The United States, Merav Lichtenstein
Cardozo Public Law, Policy & Ethics Journal
The note examines the history and challenges of guest worker programs in the United States, emphasizing the need for reforms that balance border security with humane and practical solutions. It critiques current visa systems for their inflexibility and exploitation risks, advocating for pathways to permanent residency and family reunification to address the growing undocumented population effectively.
The New Direct Proximate Cause: How The U.S. Supreme Court Has Attempted To Limit Civil Rico In A Manner Congress Aimed To Protect, Gregory M. Zarin
The New Direct Proximate Cause: How The U.S. Supreme Court Has Attempted To Limit Civil Rico In A Manner Congress Aimed To Protect, Gregory M. Zarin
ExpressO
This comment explores a heavily litigated issue since civil RICO's enactment - its unclear statutory scope and private party standing. To illustrate this issue, this comment explores recent RICO litigation related to the unlawful hiring of undocumented workers as an example of a Congressionally supported application of civil RICO, but in a manner wholly unrelated to organized crime or the mafia. While the Supreme Court has continued to limit civil RICO's outer boundaries, Congress seems to go the complete opposite direction by expanding the statute.
The Pension Protection Act Of 2006: An Overview Of Sweeping Changes In The Law Governing Retirement Plans, 40 J. Marshall L. Rev. 843 (2007), Craig C. Martin, Joshua Rafsky
The Pension Protection Act Of 2006: An Overview Of Sweeping Changes In The Law Governing Retirement Plans, 40 J. Marshall L. Rev. 843 (2007), Craig C. Martin, Joshua Rafsky
UIC Law Review
No abstract provided.
The Past, Present And Future Of Health Care Reform: Can It Happen?, 40 J. Marshall L. Rev. 767 (2007), David Pratt
The Past, Present And Future Of Health Care Reform: Can It Happen?, 40 J. Marshall L. Rev. 767 (2007), David Pratt
UIC Law Review
No abstract provided.
Banning Smoking In Chicago's Social Scene: Protecting Labor And Broadening Public Health Policy, 40 J. Marshall L. Rev. 1063 (2007), Adrienne Detanico
Banning Smoking In Chicago's Social Scene: Protecting Labor And Broadening Public Health Policy, 40 J. Marshall L. Rev. 1063 (2007), Adrienne Detanico
UIC Law Review
No abstract provided.
Much Ado About The Meaning Of "Benefit Accrual": The Issue Of Age Discrimination In Hybrid Cash Balance Plan Qualification Is Dying But Not Yet Dead, 40 J. Marshall L. Rev. 867 (2007), Barry Kozak, Joshua Waldbeser
Much Ado About The Meaning Of "Benefit Accrual": The Issue Of Age Discrimination In Hybrid Cash Balance Plan Qualification Is Dying But Not Yet Dead, 40 J. Marshall L. Rev. 867 (2007), Barry Kozak, Joshua Waldbeser
UIC Law Review
No abstract provided.
Who Is Entitled To Survivor Benefits From Erisa Plans?, 40 J. Marshall L. Rev. 919 (2007), Albert Feuer
Who Is Entitled To Survivor Benefits From Erisa Plans?, 40 J. Marshall L. Rev. 919 (2007), Albert Feuer
UIC Law Review
No abstract provided.
Labor Regulation, Union Avoidance And Organized Labor Relations Strategies On Tribal Lands: New Indian Gaming Strategies In The Wake Of San Manuel Band Of Indians V. National Labor Relations Board, 40 J. Marshall L. Rev. 1259 (2007), D. Michael Mcbride Iii, H. Leonard Court
Labor Regulation, Union Avoidance And Organized Labor Relations Strategies On Tribal Lands: New Indian Gaming Strategies In The Wake Of San Manuel Band Of Indians V. National Labor Relations Board, 40 J. Marshall L. Rev. 1259 (2007), D. Michael Mcbride Iii, H. Leonard Court
UIC Law Review
No abstract provided.
Foreword, 40 J. Marshall L. Rev. Xix (2007), Kathryn L. Moore
Foreword, 40 J. Marshall L. Rev. Xix (2007), Kathryn L. Moore
UIC Law Review
No abstract provided.
Secrets, Lies & Erisa: The Social Ethics Of Misrepresentations And Omissions In Summary Plan Descriptions, 40 J. Marshall L. Rev. 731 (2007), Alison Mcmorran Sulentic
Secrets, Lies & Erisa: The Social Ethics Of Misrepresentations And Omissions In Summary Plan Descriptions, 40 J. Marshall L. Rev. 731 (2007), Alison Mcmorran Sulentic
UIC Law Review
No abstract provided.
A Finger In The Dike? An Examination Of The Efficacy Of State And Federal Attempts To Use Law To Stem Outsourcing, Beverley Earle, Geralk A. Madek, Christina Madek
A Finger In The Dike? An Examination Of The Efficacy Of State And Federal Attempts To Use Law To Stem Outsourcing, Beverley Earle, Geralk A. Madek, Christina Madek
Northwestern Journal of International Law & Business
Many people, not just in the United States, are concerned about the implications of this growth in outsourcing for the future of business. State governments in particular are trying to stop outsourcing and are using the law as a means to do so. However, are these attempts, which are variants of the old "buy American" programs, doomed to be ineffective and ultimately protectionist, without really protecting American business? This paper will examine the developments of offshoring, outsourcing, and insourcing in Part II. Part III examines both state and federal legal efforts to restrict this growth. Part IV examines the WTO …
Boxing Out The Big Box Retailers: The Legal And Social Impact Of Big Box Living Wage Legislation, 40 J. Marshall L. Rev. 1339 (2007), Christine Niemczyk
Boxing Out The Big Box Retailers: The Legal And Social Impact Of Big Box Living Wage Legislation, 40 J. Marshall L. Rev. 1339 (2007), Christine Niemczyk
UIC Law Review
No abstract provided.
What Process Is Due In The Adjudication Of Erisa Claims?, 40 J. Marshall L. Rev. 811 (2007), Mark D. Debofsky
What Process Is Due In The Adjudication Of Erisa Claims?, 40 J. Marshall L. Rev. 811 (2007), Mark D. Debofsky
UIC Law Review
No abstract provided.
Guiry V. Goldman, Sachs & Co., Adam B. Hahn
Rediscovering The Public Interest: An Analysis Of The Common Law Governing Post-Employment Non-Compete Contracts For Media Employees, Cathy Packer, Johanna Cleary
Rediscovering The Public Interest: An Analysis Of The Common Law Governing Post-Employment Non-Compete Contracts For Media Employees, Cathy Packer, Johanna Cleary
Cardozo Arts & Entertainment Law Journal
No abstract provided.
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Reforming Mexico’S Labor Law For Independent Labor Unions, Mischa H. Karplus
Reforming Mexico’S Labor Law For Independent Labor Unions, Mischa H. Karplus
ExpressO
Reforming Mexico’s Labor Law for Independent Labor Unions analyzes the legal difficulties Mexican independent labor unions face in establishing themselves and proposes a legislative solution. The methodology used examines the institutionalized behaviors of the administrative labor boards and businesses, which prevent the formation of independent labor unions. The discretion that Mexican labor law affords the labor boards and businesses explains, in large measure, the obstacles facing independent labor unions. Having analyzed the relevant legal framework this article proposes specific legislation to strengthen these independent labor unions. Within the context of a developing country, Reforming Mexico’s Labor Law for Independent Labor …
Whistleblower Protections Under The Sarbanes-Oxley Act: A Primer And A Critique, Valerie J. Watnick
Whistleblower Protections Under The Sarbanes-Oxley Act: A Primer And A Critique, Valerie J. Watnick
ExpressO
In the wake of scandals involving Enron Corporation, Arthur Andersen and other corporations, Congress enacted the landmark Sarbanes-Oxley Act of 2002, the Corporate and Criminal Fraud Accountability Act of 2002 (hereinafter the “Act” or “Sarbanes-Oxley”).This article critically examines the whistleblower protections afforded employees under Sarbanes-Oxley. Part I of the article considers the statutory language, the legislative history, and the regulations pursuant to the Act. Part II of the article examines recent decisions by the U.S. Department of Labor in Sarbanes-Oxley whistleblower cases (cases under the Act are initially adjudicated by the Department of Labor) and the overall framework for implementation …
Bizarro Statutory Stare Decisis, Jamie D. Prenkert
Bizarro Statutory Stare Decisis, Jamie D. Prenkert
ExpressO
In Smith v. City of Jackson, the Supreme Court applied to the Age Discrimination in Employment Act one of its decisions interpreting Title VII of the 1964 Civil Rights Act, which Congress had overridden with the Civil Rights Act of 1991. It treated Wards Cove Packing Co. v. Atonio, dealing with disparate impact theory and burdens of proof, as a binding interpretation of the ADEA, despite that Congress expressed disapproval of Wards Cove. The Court relied on two interpretive approaches to arrive at this result: the presumption that identical language in the ADEA and Title VII should be interpreted consistently …
Recent Defined Benefit Pension Reform: Reasons And Results, Daniel B. Klaff
Recent Defined Benefit Pension Reform: Reasons And Results, Daniel B. Klaff
ExpressO
In the face of corporate bankruptcies, the Pension Benefit Guaranty Corporation (“PBGC”) assures workers that their defined benefit pensions will be protected. It is this fact which has motivated recent reform of the PBGC and the overarching defined benefit plan system by Congress. This paper explores those reforms by addressing the reasons for and results of the most recent reform which had as its primary aim restoring the fiscal solvency of the PBGC. The paper challenges popular accounts of the reform process while examining the results of such reform for important stakeholders without resorting to an overly technical discussion of …
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
The Ineffectiveness Of Capped Damages In Cases Of Employment Discrimination: Solutions Toward Deterrence, Vanessa M. Ruggles
The Ineffectiveness Of Capped Damages In Cases Of Employment Discrimination: Solutions Toward Deterrence, Vanessa M. Ruggles
ExpressO
Although the Civil Rights Act of 1991 helped victims of employment discrimination in a variety of ways, including the authorization of jury trials and the accompanying possibility of compensatory and punitive damages, the caps Congress placed on damages do not serve the purpose of deterrence. Because the caps are based on the number of employees a defendant employer has, the goal of protecting small businesses from exorbitant damages is accomplished. However, because the top category of the caps is “500 or more” employees, giant corporations escape meaningful awards. This article identifies the problem citing specific examples, and proposes several solutions …