Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (18)
- Social Welfare Law (16)
- Legislation (14)
- Law and Gender (11)
- Dispute Resolution and Arbitration (10)
-
- Business Organizations Law (8)
- Administrative Law (7)
- Constitutional Law (7)
- Social and Behavioral Sciences (7)
- State and Local Government Law (7)
- Insurance Law (6)
- Civil Procedure (5)
- Comparative and Foreign Law (4)
- Contracts (4)
- Entertainment, Arts, and Sports Law (4)
- First Amendment (4)
- Law and Race (4)
- Legal History (4)
- Oil, Gas, and Mineral Law (4)
- Economics (3)
- Family Law (3)
- Intellectual Property Law (3)
- Labor Economics (3)
- Legal Remedies (3)
- Securities Law (3)
- Business (2)
- Criminal Law (2)
- Environmental Law (2)
- Institution
-
- Maurice A. Deane School of Law at Hofstra University (17)
- University of Michigan Law School (17)
- Yeshiva University, Cardozo School of Law (10)
- Maurer School of Law: Indiana University (6)
- West Virginia University (6)
-
- Chicago-Kent College of Law (5)
- Lewis & Clark Law School (5)
- UIC School of Law (5)
- Brigham Young University Law School (4)
- University at Buffalo School of Law (4)
- University of Richmond (4)
- University of Washington School of Law (4)
- Boston University School of Law (3)
- Cornell University Law School (3)
- Mercer University School of Law (3)
- Schulich School of Law, Dalhousie University (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- Villanova University Charles Widger School of Law (3)
- Washington and Lee University School of Law (3)
- American University Washington College of Law (2)
- Fordham Law School (2)
- Mitchell Hamline School of Law (2)
- UC Law SF (2)
- University of Denver (2)
- University of Kentucky (2)
- W.E. Upjohn Institute for Employment Research (2)
- William & Mary Law School (2)
- Case Western Reserve University School of Law (1)
- Lingnan University (1)
- Notre Dame Law School (1)
- Keyword
-
- Law reform (16)
- Benefits (15)
- Unemployment (15)
- Unemployment insurance (15)
- Collective bargaining (10)
-
- Employment (6)
- Discrimination (5)
- Discrimination against people with disabilities in employment (5)
- Labor Law (5)
- Labor unions (5)
- Employees (4)
- Labor (4)
- Remedies (4)
- Employers (3)
- Employment Practice (3)
- Hearings (3)
- Industrial hygiene (3)
- Industrial relations (3)
- Mines & mineral resources (3)
- Title VII (3)
- Wrongful discharge (3)
- Age discrimination in employment (2)
- Arbitration (2)
- Dismissal (2)
- Due process (2)
- Employment Practice and the Law (2)
- Employment discrimination (2)
- Employment relationships (2)
- Employment-at-will (2)
- Federal Arbitration Act (2)
- Publication
-
- Hofstra Labor & Employment Law Journal (15)
- University of Michigan Journal of Law Reform (15)
- Faculty Scholarship (11)
- West Virginia Law Review (6)
- Articles by Maurer Faculty (5)
-
- Cardozo Law Review (5)
- Oregon Law Institute, 1996 (5)
- Faculty Publications (4)
- Scholarly Works (4)
- UIC Law Review (4)
- All Faculty Scholarship (3)
- Buffalo Law Review (3)
- Cornell Law Faculty Publications (3)
- Innis Christie Collection (3)
- Mercer Law Review (3)
- University of Richmond Law Review (3)
- Villanova Law Review (1956 - ) (3)
- Washington and Lee Law Review (3)
- BYU Law Review (2)
- Brigham Young University Journal of Public Law (2)
- Cardozo Arts & Entertainment Law Journal (2)
- Cardozo Journal of Equal Rights & Social Justice (2)
- Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection (2)
- Kentucky Law Journal (2)
- Sturm College of Law: Faculty Scholarship (2)
- The Illinois Public Employee Relations Report (2)
- Washington Law Review (2)
- American University Law Review (1)
- Articles (1)
- Cardozo Journal of International and Comparative Law (1)
- Publication Type
Articles 91 - 120 of 140
Full-Text Articles in Labor and Employment Law
Violence In The Workplace: Reevaluating The Employer's Role, Ann E. Phillips
Violence In The Workplace: Reevaluating The Employer's Role, Ann E. Phillips
Buffalo Law Review
No abstract provided.
Principles Of Insurance Coverage: A Guide For The Employment Lawyer, Francis J. Mootz Iii
Principles Of Insurance Coverage: A Guide For The Employment Lawyer, Francis J. Mootz Iii
Scholarly Works
Employment lawyers have witnessed a virtual revolution in the law of employment relations during the past thirty years. Although the federal government intervened substantially in private employment relationships in response to the economic catastrophe of the Great Depression, employers remained largely free of regulation until the explosion of statutes and common law developments that commenced in the 1960s and continues today. Recent developments in common law tort and contract principles are particularly troubling for defense counsel in employment matters, since the resulting doctrinal uncertainty renders it difficult to assess the client's exposure with any assurance until the appeals in the …
Foreward, Symposium: Insurance Coverage Of Employment Disputes, Francis J. Mootz Iii
Foreward, Symposium: Insurance Coverage Of Employment Disputes, Francis J. Mootz Iii
Scholarly Works
This Symposium addresses the most recent insurance coverage issue that requires mastery not only of insurance law concepts but also a rapidly developing area of substantive law. Employers increasingly are finding themselves subject to state and federal regulation of the terms, conditions, and duration of their relationship with employees. The liabilities associated with increased governmental regulation represent a major financial exposure, leading many employers to demand coverage under their various insurance policies. This rapidly evolving area of insurance law achieved some measure of public notice with the recent disclosure that two insurance companies already have paid out nearly a million …
Rethinking Civil Rights And Employment At Will: Toward A Coherent National Discharge Policy, Ann C. Mcginley
Rethinking Civil Rights And Employment At Will: Toward A Coherent National Discharge Policy, Ann C. Mcginley
Scholarly Works
America's employment discharge policy begs for reform. Although most states have created exceptions to the employment at will doctrine, the doctrine thrives. Title VII of the Civil Rights Act of 1964 (“Title VII”), which bans discrimination in employment based on race, gender, color, religion, and national origin, has proved ineffective in combating employment discrimination. Despite the statutory and common law exceptions to the employment at will doctrine, today's employees may have less job security than in the past. Although I applaud the Commissioners' efforts toward achieving justice in the workplace, I believe that abolishing the employment at will doctrine through …
Enforcing Conventional Morality Through Taxation?: Determining The Excludability Of Employer-Provided Domestic Partner Health Benefits Under Sections 105(B) And 106 Of The Internal Revenue Code, Lindsay Brooke King
Washington and Lee Law Review
No abstract provided.
The Impact Of Sweden's Accession Into The European Union On Its Social And Labor Policies, Matthew H. Wexley
The Impact Of Sweden's Accession Into The European Union On Its Social And Labor Policies, Matthew H. Wexley
Cardozo Journal of International and Comparative Law
The European Union has evolved beyond its initial economic focus, now addressing labor and social laws through mechanisms like the Social Charter and the Agreement on Social Policy. Sweden, with its robust labor unions and progressive social policies, faces challenges as it integrates into the EU, balancing its high standards with the need for harmonization. The EU must establish minimum labor standards to prevent a race to the bottom, while Sweden should leverage its influence to maintain its model and promote active labor market policies.
Employment Law - Ramifications Of St. Mary's Honor Center V. Hicks: The Third Circuit's Revival Of The Pretext-Only Standard At Summary Judgment, Alison M. Donahue
Employment Law - Ramifications Of St. Mary's Honor Center V. Hicks: The Third Circuit's Revival Of The Pretext-Only Standard At Summary Judgment, Alison M. Donahue
Villanova Law Review (1956 - )
No abstract provided.
"The Harvest Is Plentiful, But The Laborers Are Few": Hiring Practices And Religiously Affiliated Universities, Robert John Araujo
"The Harvest Is Plentiful, But The Laborers Are Few": Hiring Practices And Religiously Affiliated Universities, Robert John Araujo
University of Richmond Law Review
This is a paper with a modest goal about an immodest topic: how mankind does God's work in this world. In particular, I address a small part of this rather large question: how do religiously affiliated schools make their modest contribution to this work? More particularly, who gets chosen to be a laborer in bringing in the plentiful harvest. The laborer is the teacher or administrator, the vineyard is the religiously affiliated university or college of the late twentieth century United States. Consequently, I address employment practices: who gets hired as a laborer and by what criteria is this special …
Listening To Deaf Culture: A Reconceptualization Of Difference Analysis Under Title Vii, Mary Ellen Maatman
Listening To Deaf Culture: A Reconceptualization Of Difference Analysis Under Title Vii, Mary Ellen Maatman
Hofstra Labor & Employment Law Journal
This article at 13 Hofstra Labor Law Journal 269 (1996) considers and critiques the treatment of difference under federal antidiscrimination law by discussing and applying key insights from the "Deaf Culture" movement and its scholarship.
Statutory Discrimination Claims: Rights "Waived" And Lost In The Arbitration Forum, Reginald Alleyne
Statutory Discrimination Claims: Rights "Waived" And Lost In The Arbitration Forum, Reginald Alleyne
Hofstra Labor & Employment Law Journal
No abstract provided.
Innovations In Collective Bargaining: Nummi - Driven To Excellence, Marley S. Weiss
Innovations In Collective Bargaining: Nummi - Driven To Excellence, Marley S. Weiss
Hofstra Labor & Employment Law Journal
No abstract provided.
A Swan Song For Live Music?: Problems Facing The American Federation Of Musicians In The Technological Age, Christopher Milazzo
A Swan Song For Live Music?: Problems Facing The American Federation Of Musicians In The Technological Age, Christopher Milazzo
Hofstra Labor & Employment Law Journal
No abstract provided.
First, Do No Harm: Why Doctors Are Not Omnipotent Under The Americans With Disabilities Act, Sharona Hoffman
First, Do No Harm: Why Doctors Are Not Omnipotent Under The Americans With Disabilities Act, Sharona Hoffman
Hofstra Labor & Employment Law Journal
No abstract provided.
Arbitration Of Employment Discrimination Claims: Doctrine And Policy In The Wake Of Gilmer, Joseph R. Grodin
Arbitration Of Employment Discrimination Claims: Doctrine And Policy In The Wake Of Gilmer, Joseph R. Grodin
Hofstra Labor & Employment Law Journal
No abstract provided.
Focusing Title Vii: The Supreme Court Continues The Battle Against Intentional Discrimination In St. Mary's Honor Center V. Hicks, Julyn M. Mccarty, Michael J. Levy
Focusing Title Vii: The Supreme Court Continues The Battle Against Intentional Discrimination In St. Mary's Honor Center V. Hicks, Julyn M. Mccarty, Michael J. Levy
Hofstra Labor & Employment Law Journal
No abstract provided.
The Nlrb's Proposed Rule On The Appropriateness Of Single Location Bargaining Units: Clarity And Predictability, But Has Anything Changed?, Jonathan M. Kozak
The Nlrb's Proposed Rule On The Appropriateness Of Single Location Bargaining Units: Clarity And Predictability, But Has Anything Changed?, Jonathan M. Kozak
Hofstra Labor & Employment Law Journal
No abstract provided.
Pandora's (E-Mail) Box: E-Mail Monitoring In The Workplace, John Araneo
Pandora's (E-Mail) Box: E-Mail Monitoring In The Workplace, John Araneo
Hofstra Labor & Employment Law Journal
No abstract provided.
Procedural Reform In The Unemployment Insurance System, Marla D. Clark, Jesse S. Reyes
Procedural Reform In The Unemployment Insurance System, Marla D. Clark, Jesse S. Reyes
University of Michigan Journal of Law Reform
In the 1990s, we have witnessed a political movement toward smaller governament and reduced federal funding for social benefits programs. At the same time, evidence suggests that the unemployment insurance (UI) system as it works today still may not benefit all of its intended recipients. The need for improved UI services and the scarcity of resources available to meet this need create a tension between political pressures and constitutional considerations of fairness and due process. While constitutional considerations always override political pressures, the real issue is where to strike the appropriate balance between fundamental fairness and economic reality.
Representation Of Claimants At Unemployment Compensation Proceedings: Identifying Models And Proposed Solutions, Maurice Emsellem, Monica Halas
Representation Of Claimants At Unemployment Compensation Proceedings: Identifying Models And Proposed Solutions, Maurice Emsellem, Monica Halas
University of Michigan Journal of Law Reform
Emsellem and Halas posit that claimants need representation at unemployment compensation proceedings. Evaluating statistical and survey data, the authors find that representation significantly improves a claimant's chance of receiving unemployment compensation. Improved recovery rates, they argue, benefit not only claimants but also society. The authors analyze the factors inducing employer appeals of compensation awards. They also review the systemic issues that accompany the provision of representation to those unable to afford it or to those unfamiliar with the unemployment compensation process. Finally, the authors present models of expanding claimant representation.
The Law And Politics Of The Enforcement Of Federal Standards For The Administration Of Unemployment Insurance Hearings, John C. Gray Jr., Jane Greengold Stevens
The Law And Politics Of The Enforcement Of Federal Standards For The Administration Of Unemployment Insurance Hearings, John C. Gray Jr., Jane Greengold Stevens
University of Michigan Journal of Law Reform
Unemployment insurance claimants are entitled to have state unemployment programs administered in accordance with federal standards, which include the provision of prompt and fair hearings for claimants if their applications for benefits are denied. Violations of these rights are widespread, but the United States Department of Labor's Unemployment Insurance Service has never brought a formal proceeding to enforce the federal standards of administration. This Article explains why enforcement of the federal standards is needed and why it has not been provided and suggests methods by which advocates for claimants can seek to enforce federal standards in the face of this …
Unemployment Compensation: Continuity, Change, And The Prospects For Reform, Jerry L. Mashaw
Unemployment Compensation: Continuity, Change, And The Prospects For Reform, Jerry L. Mashaw
University of Michigan Journal of Law Reform
The Symposium proceedings for which this Introduction provides an overview had a decidedly reformative impulse and focus. Authors and discussants came together not just to ruminate about the future, but to grapple with concrete problems that are both a legacy of the past and the product of relatively recent changes. Reformers found much to criticize and to suggest, whether their focus was on stable structures or newly emerging issues. The purpose of this Introduction is to synthesize the views expressed and to reflect on them from the perspective of a student of benefits administration, but one not expert in the …
Interstate Claims: Their History And Their Challenges, Mark D. Esterle
Interstate Claims: Their History And Their Challenges, Mark D. Esterle
University of Michigan Journal of Law Reform
This Article provides an overview of the cases and statutes relating to interstate claims for unemployment compensation. The author suggests that the current federal statutes and regulations are inadequate on the grounds that they are ambiguous, lead to inconsistent results in different states, and may fail to ensure due process in claims determinations. The author highlights these problems with regard to interstate fact finders, attorney representation, witness subpoenas, and access to judicial review. Finally, he points to regulations that cover interstate unemployment compensation claims by federal employees and military servicemembers as models for new regulations of uniform application.
Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin
Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin
University of Michigan Journal of Law Reform
The demographics of the workplace have changed substantially since the nation's unemployment insurance system was enacted in the 1930s. The number of dual-earner and single-parent families has increased dramatically. Yet, the basic requirements for eligibility for unemployment compensation have not varied much since their initial enactment. In this Article, Professor Malin explores the availability of benefits to individuals who lose their jobs because of conflicts between work and family responsibilities and to unemployed individuals whose family responsibilities restrict the types of jobs that they are able to take. He finds that the states have differed greatly concerning the degree to …
Are Non-English-Speaking Claimants Served By Unemployment Compensation Programs? The Need For Bilingual Services, Mary K. Gillespie, Cynthia G. Schneider
Are Non-English-Speaking Claimants Served By Unemployment Compensation Programs? The Need For Bilingual Services, Mary K. Gillespie, Cynthia G. Schneider
University of Michigan Journal of Law Reform
This Article examines the need for interpreters and translated written materials in unemployment compensation programs for those claimants who do not read, understand, or speak English well or at all. Thousands of employable persons in the United States do not read, understand, or speak English. These persons may be unable to receive unemployment compensation benefits or may receive delayed benefits solely because they are unable to comprehend English. The authors examine how ten states with substantial populations of limited-English-proficient speakers have provided these persons access to their state's unemployment compensation programs. The authors find varying practices among the states in …
Federal Law Requirements For The Federal-State Unemployment Compensation System: Interpretation And Application, Gerard Hildebrand
Federal Law Requirements For The Federal-State Unemployment Compensation System: Interpretation And Application, Gerard Hildebrand
University of Michigan Journal of Law Reform
The benefits provided to states by federal unemployment compensation law are conditioned on meeting several requirements. This Article examines some of these requirements, how they came about, how the United States Department of Labor and the federal courts have interpreted them, and how conflicts between the states and the federal government have been resolved. The Article concludes that certain types of requirements work best within this federal-state system.
Book Review. Sexual Abuse By Professionals: A Legal Guide By Steven B. Bisbing, Et.Al., Juliet Casper Smith
Book Review. Sexual Abuse By Professionals: A Legal Guide By Steven B. Bisbing, Et.Al., Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
A Universal Fully-Funded Pension Scheme, Lok Sang Ho
A Universal Fully-Funded Pension Scheme, Lok Sang Ho
Centre for Public Policy Studies : CPPS Working Paper Series
No abstract provided.
Men May Work From Sun To Sun, But Women's Work Is Never Done: International Law And The Regulation Of Women's Work At Night, Christine Haight Farley
Men May Work From Sun To Sun, But Women's Work Is Never Done: International Law And The Regulation Of Women's Work At Night, Christine Haight Farley
Scholarly Articles in Law Reviews & Journals
At the turn of the century in both the United States and in Europe, governments enacted laws to protect women from the most harmful aspects of industrialization. One such piece of protective legislation was the ban on the employment of women at night. Discovering that regulation of working hours had a negative effect on their competition in the world market, these western states looked to impose this standard internationally. Thus in 1919 the International Labor Organization enacted the Convention Concerning Employment of Women During the Night.
By the time the International Labor Organization responded to complaints that the convention was …
Book Review. Turbulence!: Challenges And Opportunities In The World Of Work: Are You Prepared For The Future? By Roger E. Herman, Juliet Casper Smith
Book Review. Turbulence!: Challenges And Opportunities In The World Of Work: Are You Prepared For The Future? By Roger E. Herman, Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
The Business Necessity Defense In Disparate Impact Discrimination Cases, Susan Grover
The Business Necessity Defense In Disparate Impact Discrimination Cases, Susan Grover
Faculty Publications
No abstract provided.