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Articles 1 - 30 of 213
Full-Text Articles in Labor and Employment Law
Regulating Glamour: A Quantitative Analysis Of The Health And Safety Training Of Appearance Professionals, 54 Uic J. Marshall L. Rev. 123 (2021), Daniel Greenberg
Regulating Glamour: A Quantitative Analysis Of The Health And Safety Training Of Appearance Professionals, 54 Uic J. Marshall L. Rev. 123 (2021), Daniel Greenberg
UIC Law Review
No abstract provided.
The Scope Of Employment Test Under The Work-Made-For-Hire Doctrine Revisited: How Covid-19, Remote Working, And The Restatement (Third) Of Agency Could Change It, 20 Uic Rev. Intell. Prop. L. 232 (2021), Diana Simon
UIC Review of Intellectual Property Law
No abstract provided.
Notable Employee Benefits Articles Of 2018, 163 Tax Notes 1829 (2019), Kathryn J. Kennedy, Melissa Travis
Notable Employee Benefits Articles Of 2018, 163 Tax Notes 1829 (2019), Kathryn J. Kennedy, Melissa Travis
UIC Law Open Access Faculty Scholarship
Kathryn J. Kennedy and Melissa Travis summarize 10 noteworthy law review articles published in 2018.
“Fair And Open Competition” Or Death To The Union? Project Labor Agreements In Today’S Politically Contentious Atmosphere, 52 Uic J. Marshall L. Rev. 531 (2019), Chelsea Button
UIC Law Review
Many federally-funded construction projects include project labor agreements that include working with specific unions to complete a project. The uniqueness of the construction industry was recognized in the National Labor Relations Act, which allowed project labor agreements on construction projects. PLAs came back to the forefront in 1992 when President Bush issued an executive order prohibiting PLAs on federal construction projects. Since then, a number of presidential executive orders have been issued changing whether project labor agreements may be used. This Comment analyzes the arguments for and against project labor agreements in the construction industry, use of presidential executive orders, …
Evader, Avoider, Or None Of The Above? Shedding Light On The Implications Of The Illinois Employee Classification Act On Small Construction Contractors, And Considerations For Their Exemption, 51 J. Marshall L. Rev. 341 (2018), Taso Tsiganos
UIC Law Review
No abstract provided.
The Ada And The Fight Against Employment Discrimination, 52 Uic J. Marshall L. Rev. 51 (2018), Brianne Perkins
The Ada And The Fight Against Employment Discrimination, 52 Uic J. Marshall L. Rev. 51 (2018), Brianne Perkins
UIC Law Review
No abstract provided.
Uber’S Arbitration Trickery: Mohamed’S Holding, The New Era Of Limiting The Scope Of Administrative Protection And The Vindication Of Rights Doctrine, 51 J. Marshall L. Rev. 439 (2018), Kerby Kniss
UIC Law Review
No abstract provided.
A Statutory Patent Reversion Period May End The Debate On Employee Inventions, 51 J. Marshall L. Rev. 675 (2018), Yucheng Wang
A Statutory Patent Reversion Period May End The Debate On Employee Inventions, 51 J. Marshall L. Rev. 675 (2018), Yucheng Wang
UIC Law Review
No abstract provided.
Protective Plan Provisions For Employer-Sponsored Employee Benefits Plans, 18 Marq. Ben. & Soc. Welfare L. Rev. 1 (2017), Kathryn J. Kennedy
Protective Plan Provisions For Employer-Sponsored Employee Benefits Plans, 18 Marq. Ben. & Soc. Welfare L. Rev. 1 (2017), Kathryn J. Kennedy
UIC Law Open Access Faculty Scholarship
No abstract provided.
Coverage In Transition: Considerations When Expanding Employer-Provided Health Coverage To Lgbti Employees And Beneficiaries, 24 Cardozo J. Equal Rts. & Soc. Just. 3 (2017), Kathryn J. Kennedy
Coverage In Transition: Considerations When Expanding Employer-Provided Health Coverage To Lgbti Employees And Beneficiaries, 24 Cardozo J. Equal Rts. & Soc. Just. 3 (2017), Kathryn J. Kennedy
UIC Law Open Access Faculty Scholarship
The rights of transgender individuals has been in the headlines during 2017 - ranging from President Trump's tweet to announce a ban on transgender individuals from serving in the military due to the "tremendous medical costs" to a nationwide injunction imposed by a federal district court on the HHS regulations that prohibit health-care discrimination against transgender individuals under the Affordable Care Act (ACA). There are three important reasons why transgender rights are in the news. First, the Human Rights Campaign Foundation, designed to promote the lives of lesbian, gay, bisexual, and transgender (LGBT) people, scores employers in its Corporate Equality …
Opposing Sexual Harassment May Not Be Enough For A Retaliation Claim Under Title Vii: Why Refusing Sexual Advances Is Not Enough, 50 J. Marshall L. Rev. 1007 (2017), Simi Lorenz
UIC Law Review
Part II of this paper outlines Title VII of the Civil Rights of 1964 retaliation claims, types of protected activity, and types of sexual harassment. Part III will analyze the District Court and Circuit Court decisions discussing refusing sexual harassment as a protected activity. Part IV outlines the standards that the Circuit Courts should follow in determining what is necessary to constitute a protected activity. Part V examines the policy goals achieved in setting standards for how rejecting sexual harassment constitutes a protected activity. Further, Part IV outlines the analysis used by the Sixth and Eighth Circuits, which should be …
Reconciling The History Of The Hangman’S Noose And Its Severity Within Hostile Work Environment Claims, 51 J. Marshall L. Rev. 137 (2017), Tess Godhardt
UIC Law Review
No abstract provided.
Student-Athletes Put Full-Court Pressure On The Ncaa For Their Rights, 15 J. Marshall Rev. Intell. Prop. L. 276 (2016), Taylor Riskin
Student-Athletes Put Full-Court Pressure On The Ncaa For Their Rights, 15 J. Marshall Rev. Intell. Prop. L. 276 (2016), Taylor Riskin
UIC Review of Intellectual Property Law
The struggle between the NCAA and student-athletes is one that will not slow down. The issue is whether the mandatory student-athlete agreement is reasonable and, further, if student-athletes should be compensated for the use of their likeness? The answers to these questions are crucial with over a century of tradition on the line. This comment analyzes the recent Ninth Circuit decision through an antitrust and right of publicity lens. Additionally, this comment proposes a solution that allows student-athletes to receive some type of compensation while the NCAA preserves amateurism.
A Fair Day’S Pay? Why Workers Deserve More From The Federal Minimum Wage, 49 J. Marshall L. Rev. 167 (2015), Claire Whitehead
A Fair Day’S Pay? Why Workers Deserve More From The Federal Minimum Wage, 49 J. Marshall L. Rev. 167 (2015), Claire Whitehead
UIC Law Review
This Comment will examine the benefits and pitfalls of a federal minimum wage while keeping the original reasons for labor reform in mind.
Nip It In The Bud: Compassionate Use Of Medical Cannabis Pilot Program Act Does Not Provide Employees A Legal Remedy For Adverse Action Based Upon Use In Compliance With The Statute, 49 J. Marshall L. Rev. 193 (2015), Tyler Duff
UIC Law Review
This legal dichotomy, the federal illegality and state legality, is the reason why Illinois, with its passing of the Compassionate Use of Medical Cannabis Pilot Program Act (“the CUA”), and its promises of protection for patients, may not prevent an employer from terminating an employee for marijuana use in compliance with the CUA. This comment provides that the CUA does not, and could not, provide registered users a viable cause of action for such discipline.
Here We Are Now, Entertain Us: Defining The Line Between Personal And Professional Context On Social Media, 35 Pace L. Rev. 398 (2014), Raizel Liebler, Keidra Chaney
Here We Are Now, Entertain Us: Defining The Line Between Personal And Professional Context On Social Media, 35 Pace L. Rev. 398 (2014), Raizel Liebler, Keidra Chaney
UIC Law Open Access Faculty Scholarship
Social media platforms such as Facebook, Twitter, and Instagram allow individuals and companies to connect directly and regularly with an audience of peers or with the public at large. These websites combine the audience-building platforms of mass media with the personal data and relationships of in-person social networks. Due to a combination of evolving user activity and frequent updates to functionality and user features, social media tools blur the line of whether a speaker is perceived as speaking to a specific and presumed private audience, a public expression of one’s own personal views, or a representative viewpoint of an entire …
The Thirty-Third Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 31 J. Marshall J. Computer & Info. L. 237 (2014), Adam Florek, Anisha Mehta, Danielle Young, Michael Greene
The Thirty-Third Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 31 J. Marshall J. Computer & Info. L. 237 (2014), Adam Florek, Anisha Mehta, Danielle Young, Michael Greene
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Thirty-Third Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 31 J. Marshall J. Computer & Info. L. 251 (2014), Amany Awad, Kelly O'Neill, Arlo Walsman
The Thirty-Third Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 31 J. Marshall J. Computer & Info. L. 251 (2014), Amany Awad, Kelly O'Neill, Arlo Walsman
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Thirty-Third Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 31 J. Marshall J. Computer & Info. L. 285 (2014), Sara Schroeder, Austin Hoffman, Becky Fey
The Thirty-Third Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 31 J. Marshall J. Computer & Info. L. 285 (2014), Sara Schroeder, Austin Hoffman, Becky Fey
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Plaintiffs’ Comments On Defendant’S Remand Results And Motion For Second Remand, Former Employees Of Boeing Co. V. U.S. Sec'y Of Labor, Docket No. 1:13-Cv-00281-Gwc, 6 F.Supp.3d 1348 (United States Court Of International Trade 2014), Steven D. Schwinn
Court Documents and Proposed Legislation
No abstract provided.
Comments On The John Marshall Law School's Employee Benefits Program, 47 J. Marshall L. Rev. 853 (2014), Kathryn J. Kennedy
Comments On The John Marshall Law School's Employee Benefits Program, 47 J. Marshall L. Rev. 853 (2014), Kathryn J. Kennedy
UIC Law Review
No abstract provided.
How Much Is Too Much? Employer-Sponsored Plan Notice And Reporting Requirements Under Ppaca, 47 J. Marshall L. Rev 855 (2014), Carrie Byrnes, Brian Berglund
How Much Is Too Much? Employer-Sponsored Plan Notice And Reporting Requirements Under Ppaca, 47 J. Marshall L. Rev 855 (2014), Carrie Byrnes, Brian Berglund
UIC Law Review
No abstract provided.
An Evolving Ncaa Leading To An Expanding Client List, 13 J. Marshall Rev. Intell. Prop. L. 463 (2014), Frank Battaglia
An Evolving Ncaa Leading To An Expanding Client List, 13 J. Marshall Rev. Intell. Prop. L. 463 (2014), Frank Battaglia
UIC Review of Intellectual Property Law
On the heels of the popular March Madness National Collegiate Athletic Association (“NCAA”) Basketball tournament, and following Northwestern University student-athletes’ success in unionizing, the extent of student-athlete publicity rights is now more contentious than ever. The divide between an ever-profiting NCAA and exploited NCAA student-athletes has sparked an evolving class-action lawsuit by former student-athletes, who challenge the licensing of their images and likenesses. This lawsuit has become a landmark test of the NCAA’s governance and notions about amateurism in college athletics. The outcome of this case will be a possible sign that compensation for both current and former student-athletes may …
The Emerging Reality Of Social Media: Erosion Of Individual Privacy Through Cyber-Vetting And Law’S Inability To Catch Up, 12 J. Marshall Rev. Intell. Prop. L. 551 (2013), Saby Ghoshray
UIC Review of Intellectual Property Law
The rise of social media means that data about a large number of people is available in public and quasi-public digital locations. Employers, keen on taking advantage of this additional data to decrease the risk associated with an offer of employment, are engaging in “cyber-vetting”—non-consenting social media searches conducted by third parties or the employers themselves. To the extent that current law applies to this practice, the regulation it provides is weak and attacks only part of the problem. Left unchecked, cyber-vetting has the potential to fundamentally alter the scope of prospective employees’ rights. This article surveys the legal and …
Public Policy And Consumer Disclosure For The Income Annuity Market, 46 J. Marshall L. Rev. 795 (2013), Kelli Hueler, Paula Hogan, Anna Rappaport
Public Policy And Consumer Disclosure For The Income Annuity Market, 46 J. Marshall L. Rev. 795 (2013), Kelli Hueler, Paula Hogan, Anna Rappaport
UIC Law Review
No abstract provided.
The "Crisis" In Retirement Security: Social Security Is The Answer, Not The Problem, 46 J. Marshall L. Rev. 719 (2013), Martha Holstein, Kristen Pavle
The "Crisis" In Retirement Security: Social Security Is The Answer, Not The Problem, 46 J. Marshall L. Rev. 719 (2013), Martha Holstein, Kristen Pavle
UIC Law Review
No abstract provided.
Reforming The Second Tier Of The U.S. Pension System: Tabula Rasa Or Step By Step?, 46 J. Marshall L. Rev. 631 (2013), G. A. (Sandy) Mackenzie, Jonathan Barry Forman
Reforming The Second Tier Of The U.S. Pension System: Tabula Rasa Or Step By Step?, 46 J. Marshall L. Rev. 631 (2013), G. A. (Sandy) Mackenzie, Jonathan Barry Forman
UIC Law Review
No abstract provided.
The 11th Annual Employee Benefits Symposium: America's Retirement Crisis: What Can Be Done, 46 J. Marshall L. Rev. Xxiii (2013), Kathryn J. Kennedy
The 11th Annual Employee Benefits Symposium: America's Retirement Crisis: What Can Be Done, 46 J. Marshall L. Rev. Xxiii (2013), Kathryn J. Kennedy
UIC Law Review
No abstract provided.
Intentional Grounding: Field Quality In The Nfl And The Legal Ramifications For Choice Of Playing Surfaces, 47 J. Marshall L. Rev. 115 (2013), Jennifer Simile
Intentional Grounding: Field Quality In The Nfl And The Legal Ramifications For Choice Of Playing Surfaces, 47 J. Marshall L. Rev. 115 (2013), Jennifer Simile
UIC Law Review
No abstract provided.
The Tracker Plan: A Controlled Risk Defined Contribution Retirement Program, 46 J. Marshall L. Rev. 681 (2013), Rowland Davis
The Tracker Plan: A Controlled Risk Defined Contribution Retirement Program, 46 J. Marshall L. Rev. 681 (2013), Rowland Davis
UIC Law Review
No abstract provided.