Labor and Employment Law Commons^™

The Espionage Act And National Security Whisteblowing After Garcetti, Stephen I. Vladeck

Scholarly Articles in Law Reviews & Journals

Should government employees ever have a right to disseminate classified national security information to the public? As a general matter, of course, the answer is "no." It is necessarily tautological that the central purpose of classifying information is to keep that information secret. But what if the information pertains to what we might describe as "unlawful secrets," and the individual in question has exhausted all possible non-public remedies, to no avail? Are there any circumstances in which the law enables the government employee to come forward? Should there be?

As this essay suggests, because of the broad language of the …

Presenter, “The Bca And The Ncaa: How Title Vii May Level The Playing Field In The Collegiate Coaching Ranks”, N. Jeremi Duru

Presentations

In January 2007, only 5% of the 119 head coaches in Division I-A college football teams were minorities. This number is startling in light of the fact that in National Collegiate Athletic Association (NCAA) football teams 55% of the student-athletes are from minority groups. Even the president of the NCAA, Myles Brand, has stated that this organization has had a “dismal record of hiring people of color into head coaching positions, especially in the sport of football.” The disparity between the numbers of coaches and players has prompted an action brought by the Black Coaches & Administrators (BCA). The BCA …

The Push & Pull Of Globalization: How The Global Economy Makes Migrant Workers Vulnerable To Exploitation, Neha Misra

Human Rights Brief

No abstract provided.

Sanctioned Abuses: The Case Of Migrant Domestic Workers, Nisha Varia

Human Rights Brief

No abstract provided.

Hitting The Legal Diversity Market Home: Minority Women Strike Out , Leeann O'Neill

The Modern American

No abstract provided.

All In A Day's Work: Advocating The Employment Rights Of Day Laborers , Liza Zamd

The Modern American

No abstract provided.

Legislative Updates

The Modern American

No abstract provided.

Unlocking The Doors To Justice: Protecting The Rights And Remedies Of Domestic Workers In The Face Of Diplomatic Immunity, Amy Tai

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Afl-Cio — Ndlon Agreement: Five Proposals For Advancing The Partnership, Jayesh M. Rathod

Human Rights Brief

No abstract provided.

The Pursuit Of Justice Is Without Borders: Binational Strategies For Defending Migrants’ Rights, Victoria Gavito

Human Rights Brief

No abstract provided.

Supplementing State Workers' Compensation Laws With Causes Of Action Under State Common Law Regimes For Employee Third-Party Sexual Harassment Suits Against Employers, Anik A. Shah

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Rejecting Reasonableness: A New Look At Title Vii's Anti-Retaliation Provision, Briane J. Gorod

American University Law Review

This Article argues that the “reasonableness” requirement of Title VII should be rejected. Under this approach, a plaintiff’s complaint would be protected unless the defendant could establish that the plaintiff was acting in bad faith at the time she made the complaint. Such a standard would offer employers some protection from retaliation suits based on frivolous complaints without compromising the significant goals the retaliation provision can serve. Part I provides background on Title VII and the anti-retaliation provision, particularly the “opposition” clause, explains why the anti-retaliation provision is necessary and how courts have interpreted the scope of the conduct it …

Comparative Evidence Or Common Experience: When Does "Substantial Limitation" Require Proof Under The Americans With Disabilities Act?, Cheryl L. Anderson

American University Law Review

No abstract provided.

The Day Laborer Debate: Small-Town, U.S.A. Takes On Federal Immigration Law Regarding Undocumented Workers, Margaret Hobbins

The Modern American

No abstract provided.

The "Tenure" Track For Subcontracted Workers, Adianez Castillo Misigoy, Vashti Mercado, Rita Montoya, Maria Lucero Ortiz

The Modern American

No abstract provided.

A Revised Tangible Employment Action Analysis: Just What Is An Undesirable Reassignment?, Christine Bradshaw

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Mediation Ideology: Navigating Space From Myth To Reality In Sexual Harassment Dispute Resolution, Susan K. Hippensteele

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Let's Talk About Sex Baby: Lyle V. Warner Brothers Television Productions And The California Court Of Appeal's Creative Necessity Defense To Hostile Work Environment Sexual Harassment, Sarah Pahnke Reisert

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru

Scholarly Articles in Law Reviews & Journals

Professional sports organizations' relationships with their players are, like other employer-employee relationships, subject to scrutiny under the antidiscrimination mandates embedded in Title VII of the Civil Rights Act of 1964. Professional sports organizations are, however, unique among employers in many respects. Most notably, unlike other employers, professional sports organizations attract avid supporters who identify deeply with the teams and their players. To the extent an organization racially discriminates, therefore, such discrimination creates the risk that fans will identify with the homogenous or racially disproportionate roster that results. The consequences of such race-based team identification are wide-reaching and potentially tragic. Through …

Acknowledging Informal Power Dynamics In The Workplace: A Proposal For Further Development Of The Vicarious Liability Doctrine In Hostile Environment Sexual Harassment Cases, Susan Carle

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Nature And Enforcement Of Investor Rights Under Investment Treaties: Do Investment Treaties Have A Bright Future, Susan Franck

Scholarly Articles in Law Reviews & Journals

The number of investment treaties has surged in the past decade. Even now, the United States and Canada are actively engaged in programs designed to facilitate the completion of multilateral treaties such as the Dominican Republic-Central American Free Trade Agreement (CAFTA-DR) and Bilateral Investment Treaties (BITs). These investment treaties act like economic bills of rights, which grant foreign investors substantive protections and procedural rights to facilitate investment. Sovereigns, meanwhile, may benefit from these treaties by obtaining increased foreign direct investment, which may promote the development of their country's infrastructure 6 and offer citizens basic services including access to clean water, …

Symposium: Rethinking The Masculine Character Of The Legal Profession: A Case Study Of Female Legal Professionals And Their Gendered Life In Taiwan, Shu-Chin Grace Kuo

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Pennsylvania State Police V. Suders, Leilani J. Hart

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Two Modern Antitrust Moments: A Comment On Fenton And Kwoka, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Women In The Workplace: Sexual Discrimination In Japan, Kelly Barrett

Human Rights Brief

No abstract provided.

International Trade And Workers’ Rights: Practical Tools For Reading Labor Rights Provisions Of Free Trade Agreements, Benjamin Holt, Michael Waller

Human Rights Brief

No abstract provided.

Addressing Staff Sexual Misconduct With Offenders Curriculum (Instructor’S Guide: Staff Sexual Misconduct With Offenders)_2004, Brenda V. Smith, Morris L. Thigpen, Allen Ault, Anadora Moss, Dee Halley, Jaime M. Yarussi, Marcia Morgan, Susan Mccampbell

Research Reports & White Papers

Addressing Staff Sexual Misconduct with Offenders is a 36-hour training program that focuses on the complex issues surrounding staff sexual misconduct with offenders in all correctional settings. This training is designed for correctional policy makers, agency managers and administrators, and community leaders who influence correctional policy.

In this guide you will find a suggested program agenda for this training which will provide the instructor with a snap-shot of the training program as a whole. You will also find an overview of each training module, resources you will need, and activities which you may find helpful in the execution of the …

Balancing Indigenous Rights And A State's Right To Develop In Latin America: The Inter-American Rights Regime And Ilo Convention 169, David C. Baluarte

Sustainable Development Law & Policy

No abstract provided.

Indigenous Peoples' Free Prior And Informed Consent In The Inter-American Human Rights System, Alex Page

Sustainable Development Law & Policy

No abstract provided.

Protecting The Labor And Employment Rights Of Immigrant Workers, Anita Sinha, Rebecca Smith, Cynthia Mark

Scholarly Articles in Law Reviews & Journals

No abstract provided.