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Articles 61 - 90 of 139
Full-Text Articles in Labor and Employment Law
Labor Law - Antol V. Esposto: The Third Circuit Expands Preemption Under The Labor Management Relations Act, Joshua H. Grabar
Labor Law - Antol V. Esposto: The Third Circuit Expands Preemption Under The Labor Management Relations Act, Joshua H. Grabar
Villanova Law Review (1956 - )
No abstract provided.
Ad Hoc Decision Making And Per Se Prejudice: How Individualizing The Determination Of Disability Undermines The Ada, Catherine J. Lanctot
Ad Hoc Decision Making And Per Se Prejudice: How Individualizing The Determination Of Disability Undermines The Ada, Catherine J. Lanctot
Villanova Law Review (1956 - )
No abstract provided.
Substantially Limited Protection From Disability Discrimination: The Special Treatment Model And Misconstructions Of The Definition Of Disability, Robert L. Burgdorf Jr.
Substantially Limited Protection From Disability Discrimination: The Special Treatment Model And Misconstructions Of The Definition Of Disability, Robert L. Burgdorf Jr.
Villanova Law Review (1956 - )
No abstract provided.
Whose Team Are You On? My Team Or My Team?: The Nlra's Section 8(A)(2) And The Team Act, Rafael Gely
Whose Team Are You On? My Team Or My Team?: The Nlra's Section 8(A)(2) And The Team Act, Rafael Gely
Faculty Publications
This article analyzes employee participatory programs from the internal labor markets perspective. Internal Labor Markets (“ILM”) refer to the explicit or implicit agreements between employer and employees incorporating rules governing wages, working hours, promotion opportunities and grievance procedures. In order to function properly, ILMs require employees to learn skills that are valuable to the contracting firm, but are of much lesser value elsewhere. Employees agree to acquire such “firm-specific” skills and employers agree to subsidize the training needed to obtain these new skills. It is a mutually beneficial arrangement: employers expect to observe increases in productivity and efficiency and employees …
Responsibilities Of Employers Toward Mentally Disabled Persons Under The Americans With Disabilities Act, Karin M. Mika, Denise Wimbiscus
Responsibilities Of Employers Toward Mentally Disabled Persons Under The Americans With Disabilities Act, Karin M. Mika, Denise Wimbiscus
Law Faculty Articles and Essays
This article discusses the standards of the American with Disabilities Act with respect to accommodating mental illness in the workplace. It argues that the ADA definitions are not precise enough in apprising employers of what their obligations are regarding mentally ill persons in the workplace. It additionally suggests revising the statue and regulations to achieve this goal.
Expanding Judicial Review To Encourage Employers And Employees To Enter The Arbitration Arena, 30 J. Marshall L. Rev. 1099 (1997), Anthony J. Jacob
Expanding Judicial Review To Encourage Employers And Employees To Enter The Arbitration Arena, 30 J. Marshall L. Rev. 1099 (1997), Anthony J. Jacob
UIC Law Review
No abstract provided.
What Kulch Accomplished; What Kulch Left Out, Sandra J. Kerber
What Kulch Accomplished; What Kulch Left Out, Sandra J. Kerber
Law Faculty Articles and Essays
An analysis of the rights of terminated whistleblowers in Ohio, as mandated by section 4113.52 of the Ohio Revised Code and interpreted by Kulch v. Structural Fibers, Inc., 677 N.E.2d 308 (Ohio 1997).
Evidentiary And Constitutional Implications Of Employee Drug Testing Through Hair Analysis, Theresa K. Casserly
Evidentiary And Constitutional Implications Of Employee Drug Testing Through Hair Analysis, Theresa K. Casserly
Cleveland State Law Review
This note addresses the legal issues affecting hair analysis as a drug detector. Part II outlines a background of hair analysis. Part III presents the scientific controversy that surrounds hair analysis. Part IV addresses cases involving hair analysis. Part V examines the privacy implications of employee drug testing through hair analysis. Part VI overviews statutes which affect this method of employee drug testing.
What Kulch Accomplished, What Kulch Left Out , Tim L. Sprague, Sandra J. Kerber
What Kulch Accomplished, What Kulch Left Out , Tim L. Sprague, Sandra J. Kerber
Cleveland State Law Review
The general rule that an at-will employee can be discharged at any time for any or no reason is not the case in Ohio, because it has developed a wrongful discharge exception to the employment at-will doctrine. Under this doctrine, an employer who wrongfully discharges an employee in violation of clear public policy is subject to an action for damages. The Ohio legislature enacted the Whistleblower’s Statute, which allows the terminated whistleblower to maintain a cause of action against his employer. The Ohio Supreme Court has strengthened protection by allowing the terminated employee to bring common law action for wrongful …
Kulch V. Structural Fibers, Inc.: Clarifying The Public Policy Exception , Sandra J. Rosenthal
Kulch V. Structural Fibers, Inc.: Clarifying The Public Policy Exception , Sandra J. Rosenthal
Cleveland State Law Review
The Kulch case is significant because of its far-reaching impact in the field of employment law. The decision marks the culmination of a trend in Ohio to expand the public policy exception doctrine and provide much needed protection for the rights of employees. Part II of this article discusses the broader development of the public policy exception, and Part III discusses the Kulch case specifically. The author concludes by stating that Kulch has emerged as the seminal Ohio case in employment law relating to the public policy exception, largely because Kulch provides wrongfully discharged employees the means to obtain full …
Hostile Environments And The Religious Employee, Theresa M. Beiner, John M. A. Dipippa
Hostile Environments And The Religious Employee, Theresa M. Beiner, John M. A. Dipippa
Law Faculty Scholarship
No abstract provided.
The Context Of Employment Discrimination In Japan, Allen Madison
The Context Of Employment Discrimination In Japan, Allen Madison
Faculty Publications
This article compares employment practices and laws regarding discrimination in Japan to those in the United States. Then it compares the cultural contexts in which discrimination and related regulation exist in each country. The article concludes that the Japanese laws are effective in the context of Japanese culture and that they are more likely to change Japanese attitudes about age, race, and gender in making hiring and promotion decisions than laws in the United States.
Laboring In The Academic Marketplace: The Case For Tenure, Kenneth G. Dau-Schmidt
Laboring In The Academic Marketplace: The Case For Tenure, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
No abstract provided.
The Failure Of Gissel Bargaining Orders, Terry A. Bethel, Catherine Melfi
The Failure Of Gissel Bargaining Orders, Terry A. Bethel, Catherine Melfi
Articles by Maurer Faculty
No abstract provided.
Of Labor Law And Dissonance Colloquy, James J. Brudney
Of Labor Law And Dissonance Colloquy, James J. Brudney
Faculty Scholarship
What accounts for the dissonance between the meaning of our national labor law, as decreed primarily by federal judges, and the social and economic realities of workplace relationships addressed by that law? In his darkly eloquent commentary, Professor Getman acknowledges that such dissonance is not unique to the law governing labor-management relations. Yet the courts' often mistrustful approach toward employee rights under the National Labor Relations Act ( NLRA" or "Act") has had a special impact. The NLRA emerged at a time of social turbulence, and was based on a recognized need to redress the fundamental inequality of bargaining power …
Confusion At The National Labor Relations Board: The Misapplication Of Board Precedent To Resolve The Yale University Grade-Strike, Stephen L. Ukeiley
Confusion At The National Labor Relations Board: The Misapplication Of Board Precedent To Resolve The Yale University Grade-Strike, Stephen L. Ukeiley
Hofstra Labor & Employment Law Journal
No abstract provided.
The "Undifferentiating Libido": A Need For Federal Legislation To Prohibit Sexual Harassment By A Bisexual Sexual Harasser, Robin Applebaum
The "Undifferentiating Libido": A Need For Federal Legislation To Prohibit Sexual Harassment By A Bisexual Sexual Harasser, Robin Applebaum
Hofstra Labor & Employment Law Journal
No abstract provided.
Employee Involvement Programs And Electromation: Is The Team Act The Solution?, Ralph A. Petruzzo
Employee Involvement Programs And Electromation: Is The Team Act The Solution?, Ralph A. Petruzzo
Hofstra Labor & Employment Law Journal
No abstract provided.
Legislative Intent And Impasse Resolution Under The National Labor Relations Act: Does Law Matter?, Ellen J. Dannin
Legislative Intent And Impasse Resolution Under The National Labor Relations Act: Does Law Matter?, Ellen J. Dannin
Hofstra Labor & Employment Law Journal
No abstract provided.
Arbitration Of Statutory Claims In A Union Setting: History, Controversy And A Simpler Solution, Janet Mceneaney
Arbitration Of Statutory Claims In A Union Setting: History, Controversy And A Simpler Solution, Janet Mceneaney
Hofstra Labor & Employment Law Journal
No abstract provided.
Creating A Beck Statute: Recent Congressional Attempts And A Proposal For The Future, Eric J. Felsberg
Creating A Beck Statute: Recent Congressional Attempts And A Proposal For The Future, Eric J. Felsberg
Hofstra Labor & Employment Law Journal
No abstract provided.
Beyond A Reasonable Accommodation: Hostile Work Environment Claims Under The Ada, Sandra M. Tomkowicz
Beyond A Reasonable Accommodation: Hostile Work Environment Claims Under The Ada, Sandra M. Tomkowicz
Accounting Faculty Publications
No abstract provided.
Labor – Free Or Coerced? An Historical Reassessment Of Differences And Similarities, Robert J. Steinfeld, Stanley L. Engerman
Labor – Free Or Coerced? An Historical Reassessment Of Differences And Similarities, Robert J. Steinfeld, Stanley L. Engerman
Contributions to Books
Published in Free and Unfree Labour: The Debate Continues, Tom Brass & Marcel van der Linden, eds.
The Emerging Cronyism Defense And Affirmative Action: A Critical Perspective On The Distinction Between Colorblind And Race-Conscious Decision Making Under Title Vii, Ann C. Mcginley
Scholarly Works
In Foster v. Dalton, the United States Supreme Court approved of the promotion of a less-qualified white male over a better-qualified black female under very suspicious circumstances; in Taxman v. Board of Education, the court invalidated the retention of an equally qualified black female over her white counterpart. The law justifies the disparate results in Foster and Taxman by invoking the principle of race and gender “neutrality” in the decision making process. Under this principle, the law generally prohibits employment determinations based consciously on a person's race or gender. An exception to the “neutrality principle” of Title VII is the …
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.
The Personal Responsibility And Work Opportunity Act Of 1996: Poison Pills For Legal Immigrants, Meredith Barton, Deborah M. Chandler
The Personal Responsibility And Work Opportunity Act Of 1996: Poison Pills For Legal Immigrants, Meredith Barton, Deborah M. Chandler
Richmond Public Interest Law Review
Former president Ronald Reagan's vision of America as this shining city ended Thursday, August 23, 1996, when President Bill Clinton signed his name to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, considered the most farreaching welfare reform package in history. Although the Congressional Budget Office (CBO) estimates that the federal government will save over $57 billion between fiscal year 1997 and fiscal year 2002, this welfare reform package profoundly impacts immigrants, particularly legal immigrants. Overall 44% of federal savings (approximately $23.8 billion) stems from denying public assistance benefits to legal immigrants. This new welfare legislation directly …
A Legal Roadmap To Privatizing Government Services In Washington State, Nancy Buonanno Grennan
A Legal Roadmap To Privatizing Government Services In Washington State, Nancy Buonanno Grennan
Washington Law Review
Government employers contract out and privatize some of their functions as one way of meeting the public's need for more efficient and effective services. The Washington State Supreme Court, in Washington Federation of State Employees v. Spokane Community College, interpreted the state's civil service laws as imposing a nearly complete bar on contracting out at the state level. That decision was later extended to local public sector employers, who already face complex collective bargaining rules that require them to bargain with unions about contracting out work that has been done or that could be done by their unionized employees. …
The Jurisidctional Shadowland Between The Nlrb And The National Mediation Board: Who's In Charge?, Shaunta M. Knibb
The Jurisidctional Shadowland Between The Nlrb And The National Mediation Board: Who's In Charge?, Shaunta M. Knibb
Washington Law Review
The National Labor Relations Act exempts all persons subject to the Railway Labor Act (RLA) from its jurisdiction. As a result, for over fifty years the National Labor Relations Board (NLRB) has referred challenges to its jurisdiction based on the RLA to the National Mediation Board, the RLA's administering agency. In 1995, however, the NLRB's decisions in Federal Express Corp. and United Parcel Service, Inc. cast doubt on this policy. Even though the Court of Appeals for the District of Columbia then affirmed the NLRB's decision in United Parcel Service, the question of whether the NLRB has the authority …
Affirmative Action In Question: A Coherent Theory For Section 15(2), Mark A. Drumbl, John D.R. Craig
Affirmative Action In Question: A Coherent Theory For Section 15(2), Mark A. Drumbl, John D.R. Craig
Scholarly Articles
Affirmative action programs are constitutionally protected in Canada under section 15(2) of the Charter. This section has received little judicial interpretation and, consequently, no coherent approach to the interpretation of section 15(2) has been developed. Furthermore, there is an urgent need to define the meaning of section 15(2), as affirmative action programs can be used to perpetuate stereotypes and discrimination while being given a blanket endorsement through section 15(2). The authors suggest that section 15(2) does not merely promote substantive equality, as this is the function of section 15(1), but embodies the social justice conception of equality, which allocates social …
The Medical Malpractice Crisis In Obstetrics: A Gestalt Approach To Reform, Elizabeth Swire Falker
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.