Labor and Employment Law Commons^™

Caution: Men At Work, Ekee Ehrlich

Cardozo Journal of Equal Rights & Social Justice

The article highlights the challenges faced by pregnant women in the workplace, emphasizing the discrimination and gender stereotypes they encounter. Through the author's personal experience, it illustrates how societal expectations and workplace policies often fail to accommodate pregnant employees, leading to potential discrimination and undue stress.

Breastfeeding Or Bust: The Need For Legislation To Protect A Mother's Right To Express Breast Milk At Work, Elissa Aaronson Goodman

Cardozo Journal of Equal Rights & Social Justice

The note argues that current federal legislation, including Title VII, the ADA, and the FMLA, fails to adequately protect women's rights to express breast milk in the workplace. It advocates for a federal statute specifically addressing this issue, as existing laws are insufficient due to narrow interpretations and lack of explicit protections. The note emphasizes the importance of breastfeeding for infant health and maternal well-being, while also highlighting the benefits for employers, such as reduced absenteeism and healthcare costs. Without federal legislation, women face significant barriers to expressing breast milk at work, perpetuating disparities in breastfeeding rates.

The New Labor Market For Lawyers: Will Female Lawyers Still Earn Less?, Joni Hersch

Cardozo Journal of Equal Rights & Social Justice

The article examines the persistent gender pay gap in the legal profession, despite women's increased representation, and identifies key factors contributing to this disparity. It highlights how structural and societal factors, such as work hours, family responsibilities, and discrimination, play significant roles. The analysis suggests that while younger cohorts show signs of narrowing the gap, systemic barriers and biases continue to affect women's earnings and career advancement. The study underscores the need for policies addressing these inequities to ensure equal opportunities and pay.

If Portia Were A Mediator: An Inquiry Into Justice In Mediation, Jonathan M. Hyman, Lela P. Love

Articles

No abstract provided.

Reply To Martha Nussbaum And Ian Hacking, Edward D. Stein

Articles

The essays by Martha Nussbaum and Ian Hacking both raise important issues about the some of the central themes of The Mismeasure of Desire and it is a pleasure and an honor to have such careful, significant and interdisciplinary thinkers engage my ideas. In this brief reply, I address some of their challenges.

Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein

Articles

The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …

Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein

Articles

The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …

The Cash Balance Controversy Revisited: Age Discrimination And Fidelity To Statutory Text, Edward A. Zelinsky

Articles

No abstract provided.

Alan Isaacman And The First Amendment: A Candid Interview With Larry Flynt's Attorney, Clay Calvert, Robert D. Richards

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Timing Corporate Disclosures To Maximize Performance-Based Remuneration: A Case Of Misaligned Incentives?, Charles M. Yablon, Jennifer Hill

Articles

This Article takes a close look at the potential misalignment of interests created by managers' traditional discretion over the timing and content of corporate disclosures and managers' new incentives, created by performance-based compensation, to utilize that discretion to maximize the value of their own compensation. It examines recent studies that strongly suggest that CEOs are manipulating disclosure to increase their own compensation. It then considers the various ways such manipulation can occur, concluding that all but the most egregious forms of disclosure manipulation by management are either legal or effectively insulated from legal redress. The Article then examines the rationales …

Star Quality And Job Security: The Role Of The Performers' Unions In Controlling Access To The Acting Profession, Emily C. Chi

Cardozo Arts & Entertainment Law Journal

No abstract provided.

When Parental Interference Goes Too Far: The Need For Adequate Protection Of Child Entertainers And Athletes, Erica Siegel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Bonus Questions--Executive Compensation In The Era Of Pay For Performance, Charles M. Yablon

Articles

The article critically examines the evolution of executive compensation, particularly the shift from traditional pay structures to performance-based systems, and argues that this shift has not resolved the underlying issues of excessive pay and misaligned incentives. Instead, it has introduced new conflicts of interest and inefficiencies. The author proposes a regulatory solution—a deductibility cap on executive pay—to curb excessive compensation and better align executive incentives with shareholder interests.

A New Agenda For International Human Rights: Economic Freedom, John O. Mcginnis

Articles

No abstract provided.

… And From The Associate, Myriam E. Gilles

Articles

No abstract provided.

The Alien Tort Claims Act And The Foreign Sovereign Immunities Act: A Policy Solution, Marc Rosen

Cardozo Journal of International and Comparative Law

The note examines the evolution and effectiveness of the Alien Tort Claims Act (ATCA) and related legislation, such as the Antiterrorism and Effective Death Penalty Act (AEDPA), in addressing human rights violations. It argues that while the ATCA has been a groundbreaking tool for litigating human rights abuses, its implementation has been inconsistent and often undermined by subsequent laws like the AEDPA, which fails to adequately account for international law obligations. The analysis highlights the tension between U.S. domestic law and global human rights standards, concluding that the AEDPA is flawed as a human rights enforcement mechanism and proposes a …

Israel Women's Network V. Minister Of Labor & Social Affairs, Mishael Cheshin, Dorit Beinisch, Itzchak Zamir

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

The Minister of Labor & Social Affairs (the “Minister”) appointed Respondent 2 to the office of Deputy Director General for the IT & Information System Administration at the National Insurance Institute (IT Deputy). The appointment was for a six-month trial period. Prior to the appointment, eight deputy directors held office in the National Insurance Institute (NII), including one woman. The Petitioner – the Israel …

Trade Conditionality And The Crane Bill: Rewarding Caribbean Basin Nations For Human Rights Failures, Andrew Bittens

Cardozo Journal of International and Comparative Law

The note critically examines the Caribbean Basin Trade Security Act, or the Crane Bill, highlighting its omission of workers' rights provisions despite the region's history of labor violations. It argues that without enforceable labor standards, the bill may exacerbate poor working conditions. The analysis reviews historical U.S. trade policies like CBERA and GSP, which have failed to improve workers' rights due to vague provisions and weak enforcement. The note proposes integrating a robust workers' rights agreement into the Crane Bill, modeled on international labor standards, to ensure fair trade practices and protect workers.

Independent Contractor Or Employee? Misplaced Reliance On Actual Control Has Disenfranchised Artistic Workers Under The National Labor Relations Act, Thomas M. Murray

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Problem That Has No Name, Omi Morgenstern Leissner

Cardozo Journal of Equal Rights & Social Justice

The article examines how naming practices, deeply rooted in patriarchal societies, influence women's identity, autonomy, and societal status. It argues that traditional naming conventions, such as women adopting their husbands' surnames, reflect broader power dynamics that marginalize women and erase their individuality. The analysis highlights the legal, cultural, and psychological implications of these practices and advocates for self-naming as a form of resistance and empowerment.

House Rules: Is A Supermajority Requirement For Tax Hikes Constitutional?, John O. Mcginnis, Michael B. Rappaport, Susan Low Bloch

Articles

No abstract provided.

The Medical Malpractice Crisis In Obstetrics: A Gestalt Approach To Reform, Elizabeth Swire Falker

Cardozo Journal of Equal Rights & Social Justice

The medical malpractice crisis in obstetrics has led to a decline in practicing obstetricians, particularly in high-risk and rural areas, disproportionately affecting disadvantaged women. This crisis is driven by high malpractice insurance premiums, defensive medicine practices, and poor physician-patient communication. The article proposes reforms, including the integration of certified nurse-midwives, improved communication strategies, and alternative compensation systems, to reduce litigation, stabilize insurance markets, and improve access to care.

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.

Economically Targeted Investments: A Critical Analysis, Edward A. Zelinsky

Articles

No abstract provided.

Gender In The Law Of Slavery In The Antebellum United States, Andrew T. Fede

Cardozo Law Review

In her thought-provoking paper Finding Sojourner's Truth: Race, Gender, and the Institution of Property, Cheryl I. Harris explores the connections between slavery, race, and gender in the law of the antebellum United States. Harris acknowledges that slaves alone were defined as property at law, and, therefore,*the legal status of slaves differed from free white women and free black women. She also acknowledges that "white women" were allowed property rights on "male-defined terms" but asserts, nevertheless, that free women could be considered as a form of property.

“Doubly Condemned”: Adjustments To The Crime And Punishment Regime In The Late Slavery Period In The British Caribbean Colonies, Anthony De V. Phillips

Cardozo Law Review

Several good reasons must have led Michael Craton to choose the title for his very useful work, Searching for the Invisible Man: Slaves and Plantation Life in Jamaica. In the area of slavery and criminal sanctions, however, there is great difficulty with the idea of the "invisibility" of black people. Blacks were, in fact, "evervisible." Indeed, in view of their numbers and ubiquity, the slaves were at the forefront of the minds and concerns of all white people. This was especially true for the dominant political elite who made the laws and controlled the system of the administration of …

What’S The Use Of Calling Emerson A Pragmatist?, Stanley Cavell

Cardozo Law Review

I applaud the revival of interest in John Dewey and William James, on various intellectual and political grounds, and seek to learn what is at stake for others in their revival. But I also wish to suspend applause-doubtless more a transcendentalist than a pragmatist gesture on my part-for ideas that seem to be gaining prominence within this movement, expressed by writers and thinkers whom I admire, according to which Emerson is to be understood as a proto-pragmatist and Wittgenstein as, let's say, a neo-pragmatist. Perhaps I will be taken as struggling merely over labels; but sometimes labels should be struggled …

The Flimsy Yardstick: How Many Employees Does It Take To Defeat A Title Vii Discrimination Claim?, Jacqueline Louise Williams

Cardozo Law Review

The Civil Rights Act of 1964 was signed into law on July 2, 1964. The legislative history of the Act provides an extraordinary glimpse at one of the most heavily debated pieces of legislation in our country's history. It also chronicles one of the longest debates that Congress has ever endured. Seeking to define the scope of the legislation, a reticent administration and a divided Democratic party struggled with the bill in hopes of coming to an agreement on what some would come to call "silver writes." The Act's supporters were persuaded that it answered "a moral question in the …

Lifting The Ban On Women's Night Work In Europe-A Straight Road To Equality In Employment?, Dagmar Schiek

Cardozo Journal of Equal Rights & Social Justice

The article examines the historical and legal implications of the ban on women's night work in Europe, arguing that its removal does not inherently lead to employment equality. It emphasizes that without comprehensive, gender-neutral protective legislation, lifting the ban may exacerbate inequalities and worsen working conditions for women.

Crafting A Corporate Code From Scratch, Uriel Procaccia

Cardozo Law Review

In the summer of 1982 1 was contacted by the incumbent Minister of Justice of the State of Israel, Mr. Moshe Nissim. Nissim asked me to accept the commission of drafting a brand new and fully cohesive corporate code to replace our current, antiquated Companies Ordinance. I consented at once. Having consented, it occurred to me to reflect on the meaning of that little word, "cohesive," which was used-quite inadvertently, I presume-in Minister Nissim's solicitation. I finally came to interpret it as a sort of puzzle, or perhaps a quiz, which the resulting product, the corporate code, was crafted to …