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Labor and Employment Law Commons™

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2000

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Articles 61 - 90 of 141

Full-Text Articles in Labor and Employment Law

Labor Rights, Globalization And Institutions: The Role And Influence Of The Organization For Economic Cooperation And Development, James Salzman Jan 2000

Labor Rights, Globalization And Institutions: The Role And Influence Of The Organization For Economic Cooperation And Development, James Salzman

Michigan Journal of International Law

This Article has four sections. The first recounts the history of the OECD, from its creation as the overseer of the Marshall Plan to its current prominence as global economic analyst, and explains its operations. The second section explores its influence on the development of labor rights, examining the well-known OECD Guidelines for Multinational Enterprises, publications on trade and labor by the Employment, Labor and Social Affairs Directorate, and the events surrounding South Korea's accession to the OECD. Each of these activities, though quite different from one another (and, in combination, very different from the activities of other IGOs), provided …


Appearance Matters: A Proposal To Prohibit Appearance Discrimination In Employment, Elizabeth M. Adamitis Jan 2000

Appearance Matters: A Proposal To Prohibit Appearance Discrimination In Employment, Elizabeth M. Adamitis

Washington Law Review

The consideration of appearance in employment decisionmaking context is prevalent and widely accepted. Nonetheless, statutory protection against such discrimination remains limited. Federal protection applies only to claims related to already-protected categories of discrimination, including disability, race, color, religion, sex, national origin, and age. Only one state and a small number of cities and counties explicitly prohibit appearance discrimination in employment. This Comment argues that consideration of appearance in employment decisions is not justified, rational, or beneficial to society unless a bona fide occupational qualification or reasonable business purpose exists. States should adopt statutory protection for appearance to.protect otherwise qualified applicants …


The Definition Of Disability: Perspective Of The Disability Community, Deborah Kaplan Jan 2000

The Definition Of Disability: Perspective Of The Disability Community, Deborah Kaplan

Journal of Health Care Law and Policy

No abstract provided.


Bragdon V. Abbott: Extending The Americans With Disabilities Act To Asymptomatic Individuals, Eugenia Liu Jan 2000

Bragdon V. Abbott: Extending The Americans With Disabilities Act To Asymptomatic Individuals, Eugenia Liu

Journal of Health Care Law and Policy

No abstract provided.


Representatives Of Their Own Choosing?: Certification, Elections, And Employer Free Speech, 1935-1959, John Logan Jan 2000

Representatives Of Their Own Choosing?: Certification, Elections, And Employer Free Speech, 1935-1959, John Logan

Seattle University Law Review

While previous studies by industrial relations and legal scholars have scrutinized NLRB decisions and court rulings governing the conduct of representation elections, this paper analyzes instead the following issues, which are scarcely mentioned in the existing literature: why the NLRB "voluntarily" abandoned card certifications; how employers influenced and responded to developments in certification policy; and how changes in certification policy and employer electioneering affected the outcome of organizing campaigns. The paper focuses on the two decades following the NLRB's 1939 decision to abandon card certifications, during which time employers played an increasingly active role in opposing unionization.


The Heavy Burden Of The State: Revisiting The History Of Labor Law In The Interwar Period, Christopher L. Tomlins Jan 2000

The Heavy Burden Of The State: Revisiting The History Of Labor Law In The Interwar Period, Christopher L. Tomlins

Seattle University Law Review

This Article reflects on possible conclusions to be drawn from this symposium. The article concludes that individually, these authors have demonstrated the returns to be gained by pushing labor law history into new empirical and conceptual areas. Collectively, however, their achievement is somewhat different, for collectively they recommend that we revisit what is ostensibly familiar to us.


The Pullman Strike: Yesterday, Today, And Tomorrow, 33 J. Marshall L. Rev. 583 (2000), William J. Adelman, Gerald E. Berendt, Melvin G. Holli Jan 2000

The Pullman Strike: Yesterday, Today, And Tomorrow, 33 J. Marshall L. Rev. 583 (2000), William J. Adelman, Gerald E. Berendt, Melvin G. Holli

UIC Law Review

No abstract provided.


"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, 34 J. Marshall L. Rev. 207 (2000), Regina Austin Jan 2000

"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, 34 J. Marshall L. Rev. 207 (2000), Regina Austin

UIC Law Review

No abstract provided.


Race Consciousness: Can Thick, Legal Contextual Analysis Assist Poor, Low-Status Workers Overcome Discriminatory Hurdles In The Fast Food Industry? A Reply To Regina Austin, 34 J. Marshall L. Rev. 245 (2000), Reginald Leamon Robinson Jan 2000

Race Consciousness: Can Thick, Legal Contextual Analysis Assist Poor, Low-Status Workers Overcome Discriminatory Hurdles In The Fast Food Industry? A Reply To Regina Austin, 34 J. Marshall L. Rev. 245 (2000), Reginald Leamon Robinson

UIC Law Review

No abstract provided.


The Gordian Knot: Uniting Skills And Substance In Employment Discrimination And Federal Taxation Courses, 33 J. Marshall L. Rev. 303 (2000), Barbara J. Busharis, Suzanne E. Rowe Jan 2000

The Gordian Knot: Uniting Skills And Substance In Employment Discrimination And Federal Taxation Courses, 33 J. Marshall L. Rev. 303 (2000), Barbara J. Busharis, Suzanne E. Rowe

UIC Law Review

No abstract provided.


Retaliatory Discharge For Attorney-Employees In Private Practice: To Do, Or Not To Do, The Right Thing, 33 J. Marshall L. Rev. 383 (2000), Terri Martin Kirik Jan 2000

Retaliatory Discharge For Attorney-Employees In Private Practice: To Do, Or Not To Do, The Right Thing, 33 J. Marshall L. Rev. 383 (2000), Terri Martin Kirik

UIC Law Review

No abstract provided.


Robert Kratovil Memorial Seminar In Construction Law - Multidisciplinary Practice: A Construction Law Perspective, 33 J. Marshall L. Rev. 413 (2000), Christopher L. Noble Jan 2000

Robert Kratovil Memorial Seminar In Construction Law - Multidisciplinary Practice: A Construction Law Perspective, 33 J. Marshall L. Rev. 413 (2000), Christopher L. Noble

UIC Law Review

No abstract provided.


Bitch V. Whore: The Current Trend To Define The Requirements Of An Actionable Hostile Environment Claim In Verbal Sexual Harassment Cases, 33 J. Marshall L. Rev. 465 (2000), Jamie Lynn Cook Jan 2000

Bitch V. Whore: The Current Trend To Define The Requirements Of An Actionable Hostile Environment Claim In Verbal Sexual Harassment Cases, 33 J. Marshall L. Rev. 465 (2000), Jamie Lynn Cook

UIC Law Review

No abstract provided.


Piercing The Corporate Veil To Recover Pension Payments: It's Time To Address The Issue, 33 J. Marshall L. Rev. 497 (2000), Nella Disanto Jan 2000

Piercing The Corporate Veil To Recover Pension Payments: It's Time To Address The Issue, 33 J. Marshall L. Rev. 497 (2000), Nella Disanto

UIC Law Review

No abstract provided.


Nlrb Remedies: Where Are They Going?, Leanord Page Jan 2000

Nlrb Remedies: Where Are They Going?, Leanord Page

Richmond Journal of Law and the Public Interest

The National Labor Relations Board's remedies are the vehicles through which the policies of the National Labor Relations Act are realized, and the means by which rights conferred by the Act are protected. Through the appropriate remedies, the Board ensures that conditions at the workplace are restored to those which existed before the onset of unlawful conduct. Effective remedies also deter unlawful conduct and promote voluntary compliance with the Act. Congress chose not to specify the precise remedies that would be available to the Board, understanding the Board's need for flexibility to meet diverse situations and those which Congress did …


Is There A Pink Slip In My Genes? Genetic Discrimination In The Workplace, Paul Steven Miller, Lawrence O. Gostin Jan 2000

Is There A Pink Slip In My Genes? Genetic Discrimination In The Workplace, Paul Steven Miller, Lawrence O. Gostin

Journal of Health Care Law and Policy

No abstract provided.


Discrimination Based On Hiv/Aids And Other Health Conditions: "Disability" As Defined Under Federal And State Law, David W. Webber Jan 2000

Discrimination Based On Hiv/Aids And Other Health Conditions: "Disability" As Defined Under Federal And State Law, David W. Webber

Journal of Health Care Law and Policy

No abstract provided.


Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein Jan 2000

Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein

Journal of Health Care Law and Policy

No abstract provided.


Adverse Impact Of Predisposition Testing On Major Life Activities: Lessons From Brca 1/2testing, Katherine A. Schneider Jan 2000

Adverse Impact Of Predisposition Testing On Major Life Activities: Lessons From Brca 1/2testing, Katherine A. Schneider

Journal of Health Care Law and Policy

No abstract provided.


Book Review: Managing Major Hazards: The Lessons Of The Moura Mine Disaster, Eric Tucker Jan 2000

Book Review: Managing Major Hazards: The Lessons Of The Moura Mine Disaster, Eric Tucker

Articles & Book Chapters

No abstract provided.


En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey M. Monks Jan 2000

En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey M. Monks

Articles

No abstract provided.


Taking Stock: New Views Of American Labor Law Between The World Wars, Daniel R. Ernst Jan 2000

Taking Stock: New Views Of American Labor Law Between The World Wars, Daniel R. Ernst

Seattle University Law Review

This Article provides an introduction to the symposium. This symposium originated in a session at the annual meeting of the American Society for Legal History held in Seattle in October 1998. Entitled "Labor, Law, and the State in the Interwar Period," the panel provided four different views of a decisive period in the development of labor law in the United States. In the 1980s the panel's chair, Katherine Van Wezel Stone, and commentator, Christopher L. Tomlins, published works that helped spark a modern revival in the historical study of U.S. labor law. The authors of the four papers presented at …


Battle On The Benches: The Wagner Act And The Federal Circuit Courts Of Appeals, 1935-1942, Douglas J. Feeney-Gallagher Jan 2000

Battle On The Benches: The Wagner Act And The Federal Circuit Courts Of Appeals, 1935-1942, Douglas J. Feeney-Gallagher

Seattle University Law Review

This paper examines the efforts of some circuit court judges to preserve the integrity of the judicial branch against the encroaching power of the New Deal administrative agencies, especially as represented by the National Labord Relations Board (NLRB). This paper offers a historical overview of the relationship between two circuits and the NLRB; one circuit welcomed the Board's aggressive enforcement of the Act, while the other expressed hostility towards the labor agency's powers and interpretation of the Wagner Act. An examination of the NLRB opinions in these two circuits illustrates the opposing judicial attitudes toward the new turn in labor …


Supervisory Sexual Harassment And Employer Liability: The Third Circuit Sheds Light On Vicarious Liability And Affirmative Defenses, David F. Mccann Jan 2000

Supervisory Sexual Harassment And Employer Liability: The Third Circuit Sheds Light On Vicarious Liability And Affirmative Defenses, David F. Mccann

Villanova Law Review (1956 - )

No abstract provided.


Anjelino V. New York Times Co.: Granting Men Standing To Fight Against Injuries Received As A Result Of Sexual Discrimination Towards Female Co-Workers, Christine Coyne Jan 2000

Anjelino V. New York Times Co.: Granting Men Standing To Fight Against Injuries Received As A Result Of Sexual Discrimination Towards Female Co-Workers, Christine Coyne

Villanova Law Review (1956 - )

No abstract provided.


Avoiding The Trap Of Res Judicata: A Practitioner's Guide To Litigating Multiple Employment Discrimination Claims In The Third Circuit, Victoria L. Hooper Jan 2000

Avoiding The Trap Of Res Judicata: A Practitioner's Guide To Litigating Multiple Employment Discrimination Claims In The Third Circuit, Victoria L. Hooper

Villanova Law Review (1956 - )

No abstract provided.


Employment Discrimination In Higher Education, Oren R. Griffin, Thomas P. Hustoles Jan 2000

Employment Discrimination In Higher Education, Oren R. Griffin, Thomas P. Hustoles

Articles, Chapters in Books and Other Contributions to Scholarly Works

During 1999, the most significant development in employment discrimination law involving colleges and universities, by a large margin, was a series of cases affirming that Eleventh Amendment immunity from private money damage claims brought pursuant to various federal employment discrimination statutes applied to state colleges and universities. This development eventually culminated in the Supreme Court's year 2000 decision in Kimel v. Florida Board of Regents.' Numerous other interesting decisions were rendered that, although not creating any bold new law, either affirmed trends in past cases, or illustrated important practical implications for generally predicting judicial outcomes given certain fact patterns. After …


I Can't Work, Just Kidding, I Can: The Effects That Applying For Disability Benefits Have On An Ada Claim, John Bisordi Jan 2000

I Can't Work, Just Kidding, I Can: The Effects That Applying For Disability Benefits Have On An Ada Claim, John Bisordi

Villanova Law Review (1956 - )

No abstract provided.


The Arbitrary Path Of Due Process, Harry F. Tepker Jan 2000

The Arbitrary Path Of Due Process, Harry F. Tepker

Faculty Articles

No abstract provided.


Protecting Patient Rights Despite Erisa: Will The Supreme Court Allow States To Regulate Managed Care?, Donald T. Bogan Jan 2000

Protecting Patient Rights Despite Erisa: Will The Supreme Court Allow States To Regulate Managed Care?, Donald T. Bogan

Faculty Articles

No abstract provided.