Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legislation (35)
- Supreme Court of the United States (34)
- Dispute Resolution and Arbitration (30)
- Civil Rights and Discrimination (26)
- Courts (25)
-
- Law and Gender (14)
- Comparative and Foreign Law (13)
- Constitutional Law (11)
- Legal History (11)
- Law and Economics (10)
- Torts (10)
- Contracts (9)
- First Amendment (9)
- Law and Society (9)
- State and Local Government Law (8)
- Administrative Law (7)
- Human Rights Law (7)
- Legal Education (7)
- Legal Ethics and Professional Responsibility (7)
- Business Organizations Law (6)
- Disability Law (6)
- Education Law (6)
- Health Law and Policy (6)
- Immigration Law (6)
- Legal Profession (6)
- Bankruptcy Law (5)
- Criminal Law (5)
- Jurisprudence (5)
- Institution
- Keyword
-
- Employees (54)
- Employers (50)
- Labor unions (35)
- United States Supreme Court (35)
- Organized labor (30)
-
- Collective bargaining (23)
- Law reform (23)
- Arbitration (21)
- Discrimination (20)
- National Labor Relations Act (20)
- Congress (18)
- National Labor Relations Board (18)
- Employment contracts (17)
- Employment discrimination (14)
- Labor disputes (14)
- Employment (10)
- Employment at will (10)
- Labor arbitration (10)
- Wrongful discharge (10)
- Arbitrators (8)
- Due process (8)
- Labor Law (8)
- Dunlop Commission (7)
- Fairness (7)
- Liability (7)
- Public policy (7)
- Affirmative action (6)
- Equal Employment Opportunity Commission (6)
- History (6)
- Mandatory arbitration (6)
Articles 151 - 180 of 248
Full-Text Articles in Labor and Employment Law
Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein
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
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
The Cash Balance Controversy Revisited: Age Discrimination And Fidelity To Statutory Text, Edward A. Zelinsky
Articles
No abstract provided.
In Memory Of Joni Cesta, Neil D. Levin, Thomas Crane Wales, Glenn J. Winuk, David Yellen
In Memory Of Joni Cesta, Neil D. Levin, Thomas Crane Wales, Glenn J. Winuk, David Yellen
Articles
Volume 30 of the Hofstra Law Review is dedicated to members of the Hofstra community, including four graduates of the Law School, who were violently taken from us during the past year. Of the four Law School graduates, Joni Cesta '91, Neil D. Levin '81, and Glenn J. Winuk '87 were lost in the September 1 1th terrorist attacks on the World Trade Center. Thomas Crane Wales '79 was murdered in Seattle, Washington on October 11, 2001. The Hofstra Law Review presents the following biographical sketches to honor the memory of these four distinguished alumni.
State Joint Employer Liability Laws And Pro Se Back Wage Claims In The Garment Industry: A Federalist Approach To A National Crisis, Andrew Elmore
State Joint Employer Liability Laws And Pro Se Back Wage Claims In The Garment Industry: A Federalist Approach To A National Crisis, Andrew Elmore
Articles
No abstract provided.
Victimized Twice -- The Intersection Of Domestic Violence And The Workplace: Legal Reform Through Curriculum Development, Lea B. Vaughn
Victimized Twice -- The Intersection Of Domestic Violence And The Workplace: Legal Reform Through Curriculum Development, Lea B. Vaughn
Articles
Domestic violence is at least a two-fold problem for American society. On the one hand, it is one of the leading causes of violence at the workplace against women. On the other, it prevents many women from attaining the economic security that would enable them to escape violence. After describing the background of this problem, this paper will canvass current legal remedies that are available to help battered women achieve economic security. This survey leads to the conclusion that the current pastiche of remedies is often ineffective because of their piecemeal approach to the problem, or because current doctrine does …
The Changing Role Of Labor Arbitration (Symposium: New Rules For A New Game: Regulating Employment Relationships In The 21st Century), Theodore J. St. Antoine
The Changing Role Of Labor Arbitration (Symposium: New Rules For A New Game: Regulating Employment Relationships In The 21st Century), Theodore J. St. Antoine
Articles
A quarter century ago, in a provocative and prophetic article, David E. Feller lamented the imminent close of what he described as labor arbitration's "golden age." I have expressed reservations about that characterization, insofar as it suggested an impending shrinkage in the stature of arbitration. But Professor Feller was right on target in one important respect. Labor arbitration was going to change dramatically from the autonomous institution in the relatively self-contained world of union-management relations which it had been from the end of World War II into the 1970s. When the subject matter was largely confined to union-employer agreements, arbitration …
Gilmer In The Collective Bargaining Context, Theodore J. St. Antoine
Gilmer In The Collective Bargaining Context, Theodore J. St. Antoine
Articles
Can a privately negotiated arbitration agreement deprive employees of the statutory right to sue in court on claims of discrimination in employment because of race, sex, religion, age, disability, and similar grounds prohibited by federal law? Two leading U.S. Supreme Court decisions, decided almost two decades apart, reached substantially different answers to this questionand arguably stood logic on its head in the process. In the earlier case of Alexander v. Gardner-Denver Co., involving arbitration under a collective bargaining agreement, the Court held an adverse award did not preclude a subsequent federal court action by the black grievant alleging racial discrimination. …
Timing Corporate Disclosures To Maximize Performance-Based Remuneration: A Case Of Misaligned Incentives?, Charles M. Yablon, Jennifer Hill
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 …
En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey M. Monks
En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey M. Monks
Articles
No abstract provided.
Contract Reading' In Labor Arbitration, Theodore J. St. Antoine
Contract Reading' In Labor Arbitration, Theodore J. St. Antoine
Articles
A quarter century ago, I used the phrase "contract reader" to characterize the role an arbitrator plays in construing a collective bargaining agreement. This phrase has almost invariable been misunderstood to refer to reading or interpreting the contract. When I spoke of the "contract reader," it was in the context of judicial review of an award. My point was this: When a court has before it an arbitrator's award applying a collective bargaining agreement, it is as if the employer and the union had signed a stipulation stating: "What the arbitrator says this contract means is exactly what we meant …
Bonus Questions--Executive Compensation In The Era Of Pay For Performance, Charles M. Yablon
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
A New Agenda For International Human Rights: Economic Freedom, John O. Mcginnis
Articles
No abstract provided.
Compulsory Arbitration Of Discrimination Claims And The Civil Rights Act Of 1991: Encouraged Or Proscribed?, Mark Adams
Compulsory Arbitration Of Discrimination Claims And The Civil Rights Act Of 1991: Encouraged Or Proscribed?, Mark Adams
Articles
No abstract provided.
Some Of Them Still Don't Get It: Hostile Work Environment Litigation In The Lower Courts, Eric Schnapper
Some Of Them Still Don't Get It: Hostile Work Environment Litigation In The Lower Courts, Eric Schnapper
Articles
This Article describes how the courts of appeals have decided sexual harassment cases in the five years since Harris v. Forklift Systems, Inc., 510 US 17 (1993). In some circuits, events have unfolded largely as Justice Scalia anticipated: the trier of fact—ordinarily a jury—applies the hostile work environment standard announced in Meritor and elaborated upon in Harris.
From Office Ladies To Women Warriors?: The Effect Of The Eeol On Japanese Women, Jennifer S. Fan
From Office Ladies To Women Warriors?: The Effect Of The Eeol On Japanese Women, Jennifer S. Fan
Articles
In this Article, Jennifer Fan argues that existing laws in Japan do not adequately protect working women from sex discrimination. Specifically, Fan examines the Equal Employment Opportunity Law (EEOL), a law designed to prevent discrimination against women in the workplace, and concludes that the EEOL is little more than a paper tiger that preserves the status quo. After briefly discussing the legal sources of protection for working women in Japan before the passage of the EEOL, Fan examines the creation of the EEOL, its substantive provisions, and its legal impact. Through her analysis of recent sexual harassment cases in light …
… And From The Associate, Myriam E. Gilles
How The Wagner Act Came To Be: A Prospectus, Theodore J. St. Antoine
How The Wagner Act Came To Be: A Prospectus, Theodore J. St. Antoine
Articles
The Wagner Act of 1935, the original National Labor Relations Act (NLRA), has been called "perhaps the most radical piece of legislation ever enacted by the United States Congress."' But Supreme Court interpretations supposedly frustrated the utopian aspirations for a radical restructuring of the workplace." Similarly, according to another commentator, unnecessary language in one of the Court's earliest NLRA cases "drastically undercut the new act's protection of the critical right to strike."'
Mandatory Arbitration Of Employee Discrimination Claims: Unmitigated Evil Or Blessing In Disguise?, Theodore J. St. Antoine
Mandatory Arbitration Of Employee Discrimination Claims: Unmitigated Evil Or Blessing In Disguise?, Theodore J. St. Antoine
Articles
One of the hottest current issues in employment law is the use of mandatory arbitration to resolve workplace disputes. Typically, an employer will make it a condition of employment that employees must agree to arbitrate any claims arising out of the job, including claims based on statutory rights against discrimination, instead of going to court. On the face of it, this is a brazen affront to public policy. Citizens are being deprived of the forum provided them by law. And indeed numerous scholars and public and private bodies have condemned the use of mandatory arbitration. Yet the insight of that …
House Rules: Is A Supermajority Requirement For Tax Hikes Constitutional?, John O. Mcginnis, Michael B. Rappaport, Susan Low Bloch
House Rules: Is A Supermajority Requirement For Tax Hikes Constitutional?, John O. Mcginnis, Michael B. Rappaport, Susan Low Bloch
Articles
No abstract provided.
Introduction To Panel Five: The Inter-Subjectivity Of Objective Justice: A Theory And Praxis For Constructing Latcrit Coalitions, Elizabeth M. Iglesias
Introduction To Panel Five: The Inter-Subjectivity Of Objective Justice: A Theory And Praxis For Constructing Latcrit Coalitions, Elizabeth M. Iglesias
Articles
No abstract provided.
Why Mandatory Arbitration May Benefit Workers, Theodore J. St. Antoine
Why Mandatory Arbitration May Benefit Workers, Theodore J. St. Antoine
Articles
Would employees-including union employees-be better off with mandatory arbitration, even of statutory employment claims? The answer to this important question should depend less on abstract notions about the importance of statutory claims and the sanctity of the right to a jury trial, and more on a pragmatic assessment of what is likely to be best for the great majority of workers. Employing this type of analysis, which would take into account an overworked, underfunded Equal Employment Opportunity Commission, backlogged court dockets and other practical problems, my view is that most employees might well be better off with mandatory arbitration, provided …
Economically Targeted Investments: A Critical Analysis, Edward A. Zelinsky
Economically Targeted Investments: A Critical Analysis, Edward A. Zelinsky
Articles
No abstract provided.
Judicial Creation Of Norms In Japanese Labor Law: Activism In The Service Of — Stability?, Daniel H. Foote
Judicial Creation Of Norms In Japanese Labor Law: Activism In The Service Of — Stability?, Daniel H. Foote
Articles
This Article begins by examining the judiciary's role in employment litigation. Part II then considers the implications of this and related examples of judicial creation of norms in Japan. Plainly, in this context the stereotype of a passive judiciary with little significance for private parties is inaccurate. Yet do these cases truly reflect judicial "activism"? What is their significance with respect to the separation of powers debate? Even with regard to the sphere of private ordering, what judicial philosophy do they reflect? This Article then examines the impact that this judicially created set of employment norms has had, both on …
Fear Of Foreigners: Nativism And Workplace Language Restrictions, Mark Adams
Fear Of Foreigners: Nativism And Workplace Language Restrictions, Mark Adams
Articles
No abstract provided.
Aliquippa: The Company Town And Contested Power In The Construction Of Law, Kenneth M. Casebeer
Aliquippa: The Company Town And Contested Power In The Construction Of Law, Kenneth M. Casebeer
Articles
No abstract provided.
Title Vii Arbitration, Patrick O. Gudridge
Title Vii Arbitration, Patrick O. Gudridge
Articles
Supreme Court decisions establish two separate lines of analysis concerning whether arbitration agreements should pre-empt judicial remedies for parties already covered by employment and labor legislation. First, in cases like Gilmer v. Interstate/Johnson Corp., the Supreme Court espouses a procedural analysis: the Court considers the extent to which the arbitration procedures reflect judicial processes. In Alexander v. Gardner-Denver and its successors, on the other hand, the Court examines whether the applicable statutes explicitly pre-empt the arbitration agreement. This article argues that neither approach is helpful. Rather, 'courts should consider whether the relevant statute applies standards derived essentially from "inside" …
Eti, Phone The Department Of Labor: Economically Targeted Investments, Ib 94-1 And The Reincarnation Of Industrial Policy, Edward A. Zelinsky
Eti, Phone The Department Of Labor: Economically Targeted Investments, Ib 94-1 And The Reincarnation Of Industrial Policy, Edward A. Zelinsky
Articles
In Interpretive Bulletin 94-1 (B 94-1), the Department of Labor defines economically targeted investments (ETIs) as investments which bear risk-adjusted, market rates of return and which also generate collateral economic benefits. lB 94-1 declares ETIs, so defined, to be consistent with the fiduciary provisions of the Employee Retirement Income Security Act of 1974 (ERISA). In his critique of lB 94-1, Professor Edward Zelinsky finds the ET1 concept unsound as a matter of policy and logic and incompatible with ERISA's statutory standards governing pension trustees' investment decisions. Professor Zelinsky views 1B 94-1 as resurrecting the discredited notion of industrial policy. He …
Struggling Through The Thicket: Section 301 And The Washington Supreme Court, Mark Adams
Struggling Through The Thicket: Section 301 And The Washington Supreme Court, Mark Adams
Articles
No abstract provided.
Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer
Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer
Articles
No abstract provided.