Labor and Employment Law Commons^™

The Ramification Of National Basketball Association Labor Relations, David L. Gregory, Robert J. Nobile

Hofstra Labor & Employment Law Journal

No abstract provided.

Foreward: Discipline In Professional Sports, Alfred G. Feliu

Hofstra Labor & Employment Law Journal

No abstract provided.

Some Keys To The Nba Lockout, Grant M. Hayden

Hofstra Labor & Employment Law Journal

The 1998-99 NBA lockout, like the 1994 Major League Baseball strike, may have serious consequences for the future of the game. Already, the abbreviated training camps and compressed schedules have produced a spate of injuries and scores of ugly, low-scoring games. And the effects of the dispute on the game over the long run may be more difficult, if not impossible, to predict. But those questions are best left to those who track television ratings and ticket office receipts. The more immediate question-the one put to me by the editors of this journal-is what the lockout contributed to labor law …

Vol. 16, No. 1, Stephen B. Rubin

The Illinois Public Employee Relations Report

Contents:

Disability Issues in Arbitration, by Stephen B. Rubin

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

Determining Reasonable Accommodations Under The Ada: Why Courts Should Require Employers To Participate In An "Interactive Process", Alysa M. Barancik

Loyola University Chicago Law Journal

No abstract provided.

Genetic Discrimination In The Workplace: An Overview Of Existing Protections, Melinda B. Kaufmann

Loyola University Chicago Law Journal

No abstract provided.

Harassment And Constitutional Tort: The Other Jurisprudence, Mark M. Hager

Hofstra Labor & Employment Law Journal

No abstract provided.

Evolution In The Civil Rights Revolution: The Survival Of Employment Discrimination Claims For Pain And Suffering, Michael D. Moberly

Hofstra Labor & Employment Law Journal

No abstract provided.

Contracting Mediation: The Impact Of Different Statutory Regimes, Ellen J. Dannin

Hofstra Labor & Employment Law Journal

The United States is commited to increasing institutionalized use of alternative dispute resolution (ADR), most often based on the claim that it is superior to and different from traditional litigation. Mediation in particular is supposed in the popular view to be user-friendly, nonadversarial, and conducive to optimal, wholistic resolutions. Litigation, in contrast, is supposed to be slow, costly to all, impersonal, formal, legalistic, and incapable of giving complete or satisfactory resolutions. This implicitly assumes that ADR and litigation are discrete processes, each with uniform and intrinsic natures. This, in turn suggests an assumption that they retain these qualities under all …

Bcgseu: Turning A Page In Canadian Human Rights Law, Dianne Pothier

Dianne Pothier Collection

The Supreme Court of Canada's decision in British Columbia Government and Service Employees' Union (BCGSEU) v. British Columbia (Public Service Employee Relations Commission)' starts like a classic Lord Denning judgment. Within the first few lines, without even knowing what the legal issue really is, you know who is going to win because of how that person is presented. Justice McLachlin's judgment, speaking for a unanimous nine-person Court, begins by noting that the grievor, Tawney Meiorin, "did her work well" but nonetheless "lost her job."' It was that dissonance that made the facts of the case compelling for reinstatement. But what …

Balancing Efficiency And Justice: In Support Of The Equal Employment Opportunity Commission's Policy Statement Regarding Mandatory Arbitration And Employment Contracts , Gina K. Janeiro

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Arthur J. Goldberg's Legacies To American Labor Relations, 32 J. Marshall L. Rev. 667 (1999), Gerald Berendt, Gil Cornfield, Peter Edelman

UIC Law Review

No abstract provided.

Nomadic Notaries, 32 J. Marshall L. Rev. 985 (1999), Malcolm L. Morris

UIC Law Review

No abstract provided.

The Triumph Of Hate Speech Regulation: Why Gender Wins But Race Loses In America, Jon Gould

Michigan Journal of Gender & Law

On March 30, 1995, newspaper headlines declared that hate speech regulations were dead. After six years of litigating over university hate speech codes, Stanford University's rule, one of the most modest and cautiously drafted, had been declared unconstitutional by a California Superior Court. Hate speech regulation is far from over. To the contrary, hate speech rules not only continue to exist, but the courts regularly enforce their provisions. The difference is that these cases are largely restricted to a single category-sexual harassment. Under Title VII of the Civil Rights Act of 1964, and with the regulatory support of the Equal …

The Uncertain Legacy Of Gilmer: Mandatory Arbitration Of Federal Employment Discrimination Claims, John W.R. Murray

Fordham Urban Law Journal

The United States Supreme Court in Alexander v. Gardner-Denver Co. held that an employee could not be forced to arbitrate his discrimination claim against an employer pursuant to his union's collective bargaining agreement. Subsequent cases viewed Gardner-Denver as prohibiting mandatory arbitration in employment discrimination claims, until the Supreme Court upheld an agreement to submit all statutory discrimination claims to arbitration in Gilmer v. Interstate/Johnson Lane Corp. Gilmer seems to have limited the prohibition of mandatory arbitration in Gardner-Denver to collective bargaining agreements. Subsequently, many lower courts interpret Gilmer as an approval of arbitration clauses in employment agreements, and as such, …

Litigation Against Employment Penalties For Pregnancy, Breastfeeding, And Childcare, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

No abstract provided.

What Will Diversity On The Bench Mean For Justice?, Theresa M. Beiner

Michigan Journal of Gender & Law

This article is aimed at the general question: whether having a woman judge would make a difference in sexual harassment cases. This article is aimed at this general question, the response to which has been elusive: Does the race, gender, or other background characteristics of a judge make a difference in the outcome of cases? The effects of diversity on the bench are just becoming measurable. Many legal scholars have assumed diversity will make a difference. While this conclusion may seem commonsensical, it is important to be able to support such assertions with actual data. The supposition has been that …

Compulsory Arbitration Of Discrimination Claims And The Civil Rights Act Of 1991: Encouraged Or Proscribed?, Mark Adams

Articles

No abstract provided.

Free Competition Or Corporate Theft?: The Need For Courts To Consider The Employment Relationship In Preliminary Steps Disputes, Scott W. Fielding

Vanderbilt Law Review

The scenario occurs daily in many different businesses. A disgruntled employee decides to use her talents, skills, and knowledge of the industry to start a rival enterprise. She plans to do things differently-offer lower prices, a different sales approach, a more service-oriented style. To minimize the risk involved, the employee decides to investigate potential markets, possible locations for the business, and financing. She would also like to discuss first-hand with current clients or fellow employees the possibility that they would follow her into the new business. Concerned with breaching fiduciary obligations, the employee contacts her attorney and asks for advice-specifically, …

Litigating Against Employment Penalties For Pregnancy, Breastfeeding And Childcare, Candace Saari Kovacic-Fleischer

Villanova Law Review (1956 - )

No abstract provided.

From Madonna To Proletariat: Constructing A New Ideology Of Motherhood In Welfare Discourse, Tonya L. Brito

Villanova Law Review (1956 - )

No abstract provided.

Labor Law - The Substance Of Procedure: Defining Judicial Authority And The Role Of The Arbitrator In Independent Association Of Continental Pilots V. Continental Airlines, Wendy A. Tyson

Villanova Law Review (1956 - )

No abstract provided.

A Proposed Code Of Ethics For Employers And Customers Of Notaries: A Companion To The Notary Public Code Of Professional Responsibility, 32 J. Marshall L. Rev. 887 (1999), John C. Anderson, Michael L. Colsen

UIC Law Review

No abstract provided.

Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose

UIC Law Review

No abstract provided.

Unraveling The Cloth That Binds Latina Garment Workers In Texas: A Critical Analysis Of The Texas Pay Day Act, Ina M. Minjarez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

The Warn Act, David A. Santacroce

Book Chapters

Plant closings are devastating for workers, their families and the communities in which they live. The Worker Adjustment and Retraining Notification Act ("the WARN Act" or "WARN") requires some employers to give their workers sixty days' notice before a plant closing or mass layoff. The purpose of the WARN Act is to provide workers with time to seek alternative employment or retraining and to plan for the transition phase after the layoff.

The WARN Act does not prevent employers from closing a plant; instead it only requires larger employers to give notice, subject to a number of exceptions and exemptions. …

The Limited Vision Of The Family And Medical Leave Act, Michael Selmi

Villanova Law Review (1956 - )

No abstract provided.

Some Keys To The Nba Lockout, Grant M. Hayden

Faculty Journal Articles and Book Chapters

This article addresses two central issues regarding the 1998-99 National Basketball Association (“NBA”) lockout: 1) its impact on labor law doctrine and 2) what it reveals about the state of labor relations in the United States. The author concludes that, while the use of the traditional lockout weapon did not break any new ground in the area of labor law, the unique attributes of the NBA labor dispute provide insight into the condition of the American labor movement and public perceptions of unions. In particular, the author notes that the NBA lockout highlights both the dramatic differences in the power …

Congressional Accountability And Denial: Speech Or Debate Clause And Conflict Of Interest Challenges To Unionization Of Congressional Employees , James J. Brudney

Faculty Scholarship

In 1995, Congress passed the Congressional Accountability Act, which applied federal workplace and anti-discrimination laws to Congress. Under the terms of the Act, Congress can prevent legislative staff from unionizing if the presence of organized employees would raise constitutional problems or present a conflict of interest. In this Article, Professor Brudney argues that these constitutional conflicts and issues do not pose sufficient concern to outweigh the workplace rights of congressional staff. Rather, he maintains that Congress, should either fulfill its obligations under the Act and allow legislative staff to unionize, or else enact a statute and explain the need for …

Labor Law Access Rules And Stare Decisis: Developing A Planned Parenthood-Based Model Of Reform, Rafael Gely, Leonard Bierman

Faculty Publications

This article deals with labor law access rules, particularly the rights of unions to gain access to employers' private property for organizing purposes. Professors Gely and Bierman provide a comprehensive analysis of the access issue and identify two major problems with the manner in which the Supreme Court has approached this area. First, the Supreme Court has dealt piecemeal with the various aspects of this problem without attempting to develop a coherent framework. Second, the Court has been reluctant to analyze the access issue within the context of today's workplace.Professors Gely and Bierman attribute the Supreme Court's flawed approach to …