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Articles 91 - 120 of 139
Full-Text Articles in Labor and Employment Law
On Balancing Scales, Kaleidoscopes, And The Blurred Limits Of Academic Freedom, Harry F. Tepker Jr., Joseph Harroz Jr.
On Balancing Scales, Kaleidoscopes, And The Blurred Limits Of Academic Freedom, Harry F. Tepker Jr., Joseph Harroz Jr.
Oklahoma Law Review
No abstract provided.
Employment Law: Acevedo V. City Of Muskogee -- Creating A New Doctrine For Judging The Value Of Public Employee Speech Rights--Sound Policy Or Doctrinal Mutiny?, Timothy Wilson
Oklahoma Law Review
No abstract provided.
Employment Law: Gary V. Long --Using Context To Analyze Threat In Sexual Harassment Cases, Donald P. Howerton
Employment Law: Gary V. Long --Using Context To Analyze Threat In Sexual Harassment Cases, Donald P. Howerton
Oklahoma Law Review
No abstract provided.
Employment Law: Mckennon V. Nashville Banner Publishing Co. And After-Acquired Evidence--A Convincing Resolution To Employer/Employee Misconduct Or An Incomplete Assessment Of The Issue?, William D. Fisher
Oklahoma Law Review
No abstract provided.
Employment Law: O'Connor V. Consolidated Coin Caterers Corp. --Eliminating The Replacement Outside The Protected Class Element In Adea Hiring And Replacement Cases, David G. Harris
Oklahoma Law Review
No abstract provided.
Constitutional Law: Board Of County Commissioners V. Umbehr And O'Hare Truck Service V. City Of Northlake--The Extension Of First Amendment Protection To Independent Contractors--The Garbage Man Can Now Talk Trash!, Brent C. Eckersley
Oklahoma Law Review
No abstract provided.
Employment Law: Report A Crime, Lose Your Job: The Oklahoma Supreme Court Reins In The Public Policy Exception In Hayes V. Eateries, Inc., M. Derek Zolner
Employment Law: Report A Crime, Lose Your Job: The Oklahoma Supreme Court Reins In The Public Policy Exception In Hayes V. Eateries, Inc., M. Derek Zolner
Oklahoma Law Review
No abstract provided.
The Age Discrimination In Employment Act At Thirty: Where It's Been, Where It Is Today, Where It's Going, Howard C. Eglit
The Age Discrimination In Employment Act At Thirty: Where It's Been, Where It Is Today, Where It's Going, Howard C. Eglit
University of Richmond Law Review
Thirty-three years ago, in the course of debating the legislation that eventually was enacted into law as the Civil Rights Act of 1964, Congress began-albeit very tentatively-to address age discrimination in the workplace. While it rejected attempts to amend the 1964 bill to include age within the then-pending menu of proscribed bases for workplace decision-making, i.e., race, color, national origin, religion, and sex, Congress did direct the Secretary of Labor to undertake a study to ascertain the nature and extent of age bias in employment and to make recommendations for dealing with this discrimination, if it in fact existed.
Does Pretext Plus Age Equal The Sum Of The Judgement?, Susan Childers North
Does Pretext Plus Age Equal The Sum Of The Judgement?, Susan Childers North
University of Richmond Law Review
In deciding cases under the Age Discrimination in Employment Act (ADEA), several circuit courts of appeals have interpreted the tripartite test set forth in McDonnell Douglas v. Green to mean that a plaintiff could prevail in proving individual disparate treatment by proving a prima facie case and that the employer's proffered reasons were a pretext. The Third, Seventh and Eighth Circuits concluded that a showing that a proffered justification is pretextual is equivalent to a finding that the employer intentionally discriminated. In other words, "the plaintiff is entitled to judgment as a matter of law when, in the third stage …
Adea Doctrinal Impediments To The Fulfillment Of The Wirtz Report Agenda, Michael C. Harper
Adea Doctrinal Impediments To The Fulfillment Of The Wirtz Report Agenda, Michael C. Harper
University of Richmond Law Review
Ideally, this symposium marking the three-decade anniversary of the Age Discrimination in Employment Act (ADEA) would present an opportunity to assess how well the ADEA has achieved its plausible goals. However, I recognize that any definitive assessment of the success of a statute like the ADEA, which requires the modification of the behavior of social actors, must depend on the kind of sophisticated empirical study for which I have neither the time, resources or capability. I also recognize that defending my identification of the goals of the ADEA might itself require an entire essay.
Wards Cove Packing Or Not Wards Cove Packing? That Is Not The Question: Some Thoughts On Impact Analysis Under The Age Discrimination In Employment Act, Mack A. Player
University of Richmond Law Review
Assume two employers, A and B. Each gives a separate objective test to select employees for a particular position. Employer A utilizes a pen-and-paper, multiple choice examination that has questions in three major categories: 1) biology and genetics which includes DNA theory, cloning, etc.; 2) astrophysics, with questions about time, space, light relationships, "black holes," novas, etc. and 3) microprocessor engineering, the internet, silicon chips, and the like.
Organized Labor As Shareholder Activist: Building Coalitions To Promote Worker Capitalism, Marleen A. O'Connor
Organized Labor As Shareholder Activist: Building Coalitions To Promote Worker Capitalism, Marleen A. O'Connor
University of Richmond Law Review
In the past, the traditional question posed by unions was: "which side are you on?"--presenting a clear choice between labor and capital. As membership and bargaining power fall, however, unions are asserting their rights as shareholders to influence corporate decision making outside the conventional labor law framework. Because the National Labor Relations Act does not adequately protect workers' rights, unions have devised innovative methods as shareholders to exercise unprecedented power over managers. In only a few years, labor-shareholders have become highly visible players in the institutional shareholder movement. As a group, labor-shareholders submit one of the largest numbers of shareholder …
Unjust Dismissal And The Contingent Worker: Restricting Doctrine For The Restructured Employee, Mark Berger
Unjust Dismissal And The Contingent Worker: Restricting Doctrine For The Restructured Employee, Mark Berger
Faculty Works
No abstract provided.
Building Trust In The Workplace, Carlton J. Snow
Building Trust In The Workplace, Carlton J. Snow
Hofstra Labor & Employment Law Journal
No abstract provided.
Protection Of Existing Workers And The Implementation Of "Workfare", Patricia A. Quigley
Protection Of Existing Workers And The Implementation Of "Workfare", Patricia A. Quigley
Hofstra Labor & Employment Law Journal
No abstract provided.
In Remembrance Of Samuel M. Kaynard, Stuart Rabinowitz, Eric J. Schmertz, William B. Gould Iv
In Remembrance Of Samuel M. Kaynard, Stuart Rabinowitz, Eric J. Schmertz, William B. Gould Iv
Hofstra Labor & Employment Law Journal
No abstract provided.
Where Are We Now?: Life After Electromation, Rafael Gely
Where Are We Now?: Life After Electromation, Rafael Gely
Hofstra Labor & Employment Law Journal
No abstract provided.
Principles Of Agency Permit The Nlrb To Consider Additional Factors Of Entrepreneurial Independence And The Relative Dependence Of Employees When Determining Independent Contractor Status Under Section 2(3), Ruth Burdick
Hofstra Labor & Employment Law Journal
No abstract provided.
Why Doma And Not Enda?: A Review Of Recent Federal Hostility To Expand Employment Rights And Protection Beyond Traditional Notions, Pat P. Putignano
Why Doma And Not Enda?: A Review Of Recent Federal Hostility To Expand Employment Rights And Protection Beyond Traditional Notions, Pat P. Putignano
Hofstra Labor & Employment Law Journal
No abstract provided.
The Human Genome Project: The Road To Our Improved Health Or The New Civil Rights Movement, Danielle Leventhal
The Human Genome Project: The Road To Our Improved Health Or The New Civil Rights Movement, Danielle Leventhal
Hofstra Labor & Employment Law Journal
No abstract provided.
Ending Welfare, Leaving The Poor To Face New Risk, Jeffrey S. Lehman, Sheldon Danziger
Ending Welfare, Leaving The Poor To Face New Risk, Jeffrey S. Lehman, Sheldon Danziger
Cornell Law Faculty Publications
No abstract provided.
Mahoney V. Rfe/Rl: An Unexpected Direction For The Foreign Laws Defense, Thomas Wang
Mahoney V. Rfe/Rl: An Unexpected Direction For The Foreign Laws Defense, Thomas Wang
Vanderbilt Journal of Transnational Law
A law is only as good, or as powerful, as its exceptions allow it to be. Unless carefully drawn, an exception intended to avoid unjust or impractical applications of a rule can consume the rule itself. In the case of the Age Discrimination in Employment Act and Title VII, which were amended to apply to U.S. citizens working abroad, the "foreign laws defense," as interpreted in Mahoney v. RFE/RL, threatens to defeat the application of the general rule prohibiting discrimination. This Note briefly traces the history of the extraterritorial application of U.S. law and the interests that were served by …
Brown V. Pro Football, Inc.: You Make The Call, Denise K. Bryant
Brown V. Pro Football, Inc.: You Make The Call, Denise K. Bryant
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Collective Bargaining In The National Football League: A Historical And Comparative Analysis, C. Peter Goplerud Iii
Collective Bargaining In The National Football League: A Historical And Comparative Analysis, C. Peter Goplerud Iii
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Strife, Liberty, And The Pursuit Of Money: Labor Relations In Professional Sports, Craig W. Palm
Strife, Liberty, And The Pursuit Of Money: Labor Relations In Professional Sports, Craig W. Palm
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Labor Or Antitrust - Let The Players Choose, Robert A. Mccormick
Labor Or Antitrust - Let The Players Choose, Robert A. Mccormick
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Major League Baseball's Labor Turmoil: The Failure Of The Counter-Revolution, Jeffrey S. Moorad
Major League Baseball's Labor Turmoil: The Failure Of The Counter-Revolution, Jeffrey S. Moorad
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Retirement Incentives In The Twenty First Century: The Move Toward Employer Control Of The Adea, Judith A. Mcmorrow
Retirement Incentives In The Twenty First Century: The Move Toward Employer Control Of The Adea, Judith A. Mcmorrow
University of Richmond Law Review
Retirement has become an increasingly important topic of public policy discussion in the United States, as well as an accepted, and even cherished, goal for many American workers. Consequently, it is not surprising that the Age Discrimination in Employment Act (ADEA) recognized, somewhat inartfully, the importance of retirement. When originally passed, the ADEA expressly provided an exemption for any bona fide employee benefit plan such as a retirement, pension, or insurance plan, which is not a subterfuge to evade the purposes of the ADEA. In 1986, Congress amended the ADEA to eliminate mandatory retirement, but made clear in its legislative …
Insurance Coverage Of Employment Discrimination Claims, Francis J. Mootz Iii
Insurance Coverage Of Employment Discrimination Claims, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.
Rethinking Independence: The Lack Of An Effective Remedy For Improper For-Cause Removals, Tracey A. Hardin
Rethinking Independence: The Lack Of An Effective Remedy For Improper For-Cause Removals, Tracey A. Hardin
Vanderbilt Law Review
Despite persistent constitutional questions, United States administrative agencies have grown in influence during this century.' Much of this controversy has centered around Congress's ability to control the removal of administrative officials constitutionally. In an effort to retain control of administrative agencies and in recognition of the need to conduct certain adjudicative functions outside the executive's domain, Congress has sought to create some agencies free from presidential influence. In particular, Congress has focused on at- tempting to limit the President's power to remove administrative officials. Although such limitations have always been controversial, the Supreme Court is generally thought to have resolved …