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Labor and Employment Law Commons™

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Articles 331 - 360 of 576

Full-Text Articles in Labor and Employment Law

Internet Monitoring Of Federal Judges: Striking A Balance Between Independence And Accountability, Hardeep Kaur Josan, Sapna K. Shah Jan 2002

Internet Monitoring Of Federal Judges: Striking A Balance Between Independence And Accountability, Hardeep Kaur Josan, Sapna K. Shah

Hofstra Labor & Employment Law Journal

No abstract provided.


When The Court Makes Law And Policy (With Special Reference To The Employment Arbitration Issue), Ronald Tucker Jan 2002

When The Court Makes Law And Policy (With Special Reference To The Employment Arbitration Issue), Ronald Tucker

Hofstra Labor & Employment Law Journal

No abstract provided.


Trying To Give Private Sector Employees A Break: Congress's Efforts To Amend The Fair Labor Standards Act, Shawn D. Vance Jan 2002

Trying To Give Private Sector Employees A Break: Congress's Efforts To Amend The Fair Labor Standards Act, Shawn D. Vance

Hofstra Labor & Employment Law Journal

No abstract provided.


Genetic Testing & Discrimination In Employment: Recommending A Uniform Statutory Approach, Jared A. Feldman, Richard J. Katz Jan 2002

Genetic Testing & Discrimination In Employment: Recommending A Uniform Statutory Approach, Jared A. Feldman, Richard J. Katz

Hofstra Labor & Employment Law Journal

No abstract provided.


The Discoverability Of Severance Agreements In Wrongful Discharge Litigation, Michael D. Moberly Jan 2002

The Discoverability Of Severance Agreements In Wrongful Discharge Litigation, Michael D. Moberly

Hofstra Labor & Employment Law Journal

No abstract provided.


Policy Implication Of Rules Governing Harassment And Discrimination Complaints In Private And Federal Employment, Francis Achampong Jan 2002

Policy Implication Of Rules Governing Harassment And Discrimination Complaints In Private And Federal Employment, Francis Achampong

Hofstra Labor & Employment Law Journal

No abstract provided.


Do Public Policy Grounds Still Exist For Vacating Arbitration Awards?, Judith Stilz Ogden Jan 2002

Do Public Policy Grounds Still Exist For Vacating Arbitration Awards?, Judith Stilz Ogden

Hofstra Labor & Employment Law Journal

No abstract provided.


A Call For Clarification: Achieving A Uniform Proof Structure In Reasonable Accomodation Cases Under The Americans With Disabilities Act, Gregory Scolieri, Matthew H. Woodard Jan 2002

A Call For Clarification: Achieving A Uniform Proof Structure In Reasonable Accomodation Cases Under The Americans With Disabilities Act, Gregory Scolieri, Matthew H. Woodard

Hofstra Labor & Employment Law Journal

No abstract provided.


Transforming Workplace Culture Through Mediation: Lessons Learned From Swimming Upstream, Cynthia J. Hallberlin Jan 2001

Transforming Workplace Culture Through Mediation: Lessons Learned From Swimming Upstream, Cynthia J. Hallberlin

Hofstra Labor & Employment Law Journal

No abstract provided.


Mediation Research: Studying Transformative Effects, Joseph P. Folger Jan 2001

Mediation Research: Studying Transformative Effects, Joseph P. Folger

Hofstra Labor & Employment Law Journal

No abstract provided.


Transforming Conflict Interactions In The Workplace: Documented Effects Of The Usps Redress Program, James R. Antes, Joseph P. Folger Ph.D., Dorothy J. Della Noce Jan 2001

Transforming Conflict Interactions In The Workplace: Documented Effects Of The Usps Redress Program, James R. Antes, Joseph P. Folger Ph.D., Dorothy J. Della Noce

Hofstra Labor & Employment Law Journal

No abstract provided.


The Lawyer's Role In Institutionalizing Adr, Karen A. Intrater, Traci Gabhart Gann Jan 2001

The Lawyer's Role In Institutionalizing Adr, Karen A. Intrater, Traci Gabhart Gann

Hofstra Labor & Employment Law Journal

No abstract provided.


The Legitimacy Of Labor Unions, Peter Levine Jan 2001

The Legitimacy Of Labor Unions, Peter Levine

Hofstra Labor & Employment Law Journal

Labor unions do not have a well-understood rationale, as do capitalist enterprises, strictly voluntary associations, and democratic states. They are nonprofit associations, but also coercive economic agents; working-class communities, but also powerful special interests; embodiments of rights, but also incompatible with certain individual freedoms. These tensions result in an ambivalent legal status. For instance, unions may collect fees from (and negotiate contracts for) certain employees without obtaining their individual consent, yet no one can be required to belong to a union. Unions are exempt from antitrust laws and may restrain competition, but only in particular ways. We cannot assess these …


Disadvantaged By Design: How The Law Inhibits Agricultural Guest Workers From Enforcing Their Rights, Michael Holley Jan 2001

Disadvantaged By Design: How The Law Inhibits Agricultural Guest Workers From Enforcing Their Rights, Michael Holley

Hofstra Labor & Employment Law Journal

No abstract provided.


The Eleventh Amendment: "A Work In Progress", Sabina Sosunova, Bonnie A. Tucker Jan 2001

The Eleventh Amendment: "A Work In Progress", Sabina Sosunova, Bonnie A. Tucker

Hofstra Labor & Employment Law Journal

No abstract provided.


Handling Workplace Conflict: Why Transformative Mediation?, Robert A. Baruch Bush Jan 2001

Handling Workplace Conflict: Why Transformative Mediation?, Robert A. Baruch Bush

Hofstra Labor & Employment Law Journal

The several articles in this Symposium represent a unique and multifaceted examination of the largest workplace conflict mediation program in the United States-the United States Postal Service's ("Postal Service") REDRESS Tm Program. Begun on a pilot basis in 1994 as part of the settlement of a class-action discrimination lawsuit, REDRESST was subsequently expanded to a nationwide program for mediation of discrimination claims, available to all of the Postal Service's over 800,000 employees. However, it is not only the size of the REDRESSTM Program that makes it a remarkable development in the field of workplace conflict resolution-and the field of mediation …


Transformative Mediation In The Usps Redress Program: Observations Of Adr Specialists, Lisa B. Bingham, Tina Nabatchi Jan 2001

Transformative Mediation In The Usps Redress Program: Observations Of Adr Specialists, Lisa B. Bingham, Tina Nabatchi

Hofstra Labor & Employment Law Journal

The transformative model of mediation, although well established in the mediation of family and community disputes, is a relatively new approach to dispute resolution in employment settings. In contrast to traditional mediation approaches that focus on problem-solving, transformative mediation seeks to provide opportunities for empowerment and recognition among the disputing parties. In 1998, the United States Postal Service ("USPS") implemented a nation-wide mediation program called REDRESS (TM) (Resolve Employment Disputes Reach Equitable Solutions Swiftly) based on this model. This study takes the form of a process evaluation. It focuses on this question: How well does employment mediation practice in the …


From Statute To Contract: The Law Of The Employment Relationship Reconsidered, Eileen Silverstein Jan 2001

From Statute To Contract: The Law Of The Employment Relationship Reconsidered, Eileen Silverstein

Hofstra Labor & Employment Law Journal

Most observers would say that the employment relationship is regulated largely by statutes. This Article argues that the statutory regulation of the employment relationship, and its correction of market failures, is disappearing under the cloak of judicial decisions upholding contracts which, in one form or another, find individuals to have waived their and the public's statutory rights. In a variation on the nineteenth century's transformation of the employment relationship from status to contract, we have the contemporary move from statute to contract. Part I of this Article examines how contractual waivers operate within the framework of the statutory regulation of …


Do As We Say Or Do As We Do?: How The Supreme Court Law Clerk Controversy Reveals A Lack Of Accountability At The High Court, Robert M. Agostisi, Brian P. Corrigan Jan 2001

Do As We Say Or Do As We Do?: How The Supreme Court Law Clerk Controversy Reveals A Lack Of Accountability At The High Court, Robert M. Agostisi, Brian P. Corrigan

Hofstra Labor & Employment Law Journal

No abstract provided.


The Debate Over The Unionization And Collective Bargaining Of Private Physicians, Angel M. Aton, Heidi S. Connolly Jan 2001

The Debate Over The Unionization And Collective Bargaining Of Private Physicians, Angel M. Aton, Heidi S. Connolly

Hofstra Labor & Employment Law Journal

No abstract provided.


The Failure Of The Family And Medical Leave Act: Alternative Proposals For Contemporary American Families, Marc Mory, Lia Pistilli Jan 2001

The Failure Of The Family And Medical Leave Act: Alternative Proposals For Contemporary American Families, Marc Mory, Lia Pistilli

Hofstra Labor & Employment Law Journal

No abstract provided.


"Thinking Within The Box": How Proof Models Are Used To Limit The Scope Of Sexual Harassment Law, Cheryl L. Anderson Jan 2001

"Thinking Within The Box": How Proof Models Are Used To Limit The Scope Of Sexual Harassment Law, Cheryl L. Anderson

Hofstra Labor & Employment Law Journal

No abstract provided.


Revitalizing The Flsa, Scott D. Miller Jan 2001

Revitalizing The Flsa, Scott D. Miller

Hofstra Labor & Employment Law Journal

No abstract provided.


You Can't Take It With You: An Examination Of Employee Benefit Portability And Its Relationship To Job Lock And The New Psychological Contract, Katherine Elizabeth Ulrich Jan 2001

You Can't Take It With You: An Examination Of Employee Benefit Portability And Its Relationship To Job Lock And The New Psychological Contract, Katherine Elizabeth Ulrich

Hofstra Labor & Employment Law Journal

No abstract provided.


Employment Benefits: Will Your Significant Other Be Covered?, Renee M. Scire, Christopher A. Raimondi Jan 2000

Employment Benefits: Will Your Significant Other Be Covered?, Renee M. Scire, Christopher A. Raimondi

Hofstra Labor & Employment Law Journal

No abstract provided.


The Struggle For Human Rights, Harry Wu Jan 2000

The Struggle For Human Rights, Harry Wu

Hofstra Labor & Employment Law Journal

No abstract provided.


Convocation Inaugurating The Samuel M. Kaynard Distinguished Visiting Professorship In Labor And Employment Law, Stuart Rabinowitz, Eric J. Schmertz, Shuart M. James, John D. Feerick, Meryl R. Kaynard, Ann Kaynard Jan 2000

Convocation Inaugurating The Samuel M. Kaynard Distinguished Visiting Professorship In Labor And Employment Law, Stuart Rabinowitz, Eric J. Schmertz, Shuart M. James, John D. Feerick, Meryl R. Kaynard, Ann Kaynard

Hofstra Labor & Employment Law Journal

No abstract provided.


Conceptions Of Fairness And The Fair Labor Standards Act, Seth D. Harris Jan 2000

Conceptions Of Fairness And The Fair Labor Standards Act, Seth D. Harris

Hofstra Labor & Employment Law Journal

This article uses the history of the Fair Labor Standards Act's minimum wage provisions to examine how statutes that benefit interests that are comparatively weak in the political market become law. The article tracks the history of the American debate over fairness in wages beginning with the demise of slavery through the passage of the Fair Labor Standards Act in 1938 in search of an answer. The search yields two answers. The first answer is that bargaining power is dynamic, not static. The article discusses the socio-economic crises and effective political advocacy by living wage proponents that changed the political …


The Group Legal Plan Revolution: Bright Horizon Or Dark Future?, Brian Heid, Eitan Misulovin Jan 2000

The Group Legal Plan Revolution: Bright Horizon Or Dark Future?, Brian Heid, Eitan Misulovin

Hofstra Labor & Employment Law Journal

No abstract provided.


The Use (Or Abuse) Of Expert Witnesses In Post-Daubert Employment Litigation, Bruce D. Black Jan 2000

The Use (Or Abuse) Of Expert Witnesses In Post-Daubert Employment Litigation, Bruce D. Black

Hofstra Labor & Employment Law Journal

No abstract provided.