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Labor and Employment Law Commons™

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2001

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Institution
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Articles 121 - 150 of 200

Full-Text Articles in Labor and Employment Law

The Perilous And Ever-Changing Procedural Rules Of Pursuing An Erisa Claims Case, 70 Umkc L. Rev. 329 (2001), Kathryn J. Kennedy Jan 2001

The Perilous And Ever-Changing Procedural Rules Of Pursuing An Erisa Claims Case, 70 Umkc L. Rev. 329 (2001), Kathryn J. Kennedy

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Roberts V. Dudley: An Unnecessary Broadening Of The Public Policy Exception To The Employment-At-Will Doctrine In Washington, Brian Hersey Jan 2001

Roberts V. Dudley: An Unnecessary Broadening Of The Public Policy Exception To The Employment-At-Will Doctrine In Washington, Brian Hersey

Washington Law Review

In Roberts v. Dudley, the Supreme Court of Washington dramatically expanded the previously narrow public policy exception to the employment-at-will doctrine and created a dangerous precedent. The court held that small employers, explicitly exempt from the Washington Law Against Discrimination (VLAD), could be liable at common law for the tort of wrongful discharge in violation of Washington's public policy against sex discrimination as found in the WLAD. The tort of wrongful discharge in violation of public policy requires a finding of a "clear mandate of public policy." This Note argues the court should not have found in the WLAD …

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Making A Federal Case Out Of It: Section 1981 And At-Will Employment, Joanna L. Grossman Jan 2001

Making A Federal Case Out Of It: Section 1981 And At-Will Employment, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

No abstract provided.

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Erisa: The Savings Clause, § 502 Implied Preemption, Complete Preemption, And State Law Remedies, Donald T. Bogan Jan 2001

Erisa: The Savings Clause, § 502 Implied Preemption, Complete Preemption, And State Law Remedies, Donald T. Bogan

Faculty Articles

No abstract provided.

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Designated Diffidence: District Court Judges On The Courts Of Appeals Papers Of General Interest, James J. Brudney, Corey Distlear Jan 2001

Designated Diffidence: District Court Judges On The Courts Of Appeals Papers Of General Interest, James J. Brudney, Corey Distlear

Faculty Scholarship

Since 1980, District CourtJudges, designated pursuant to federal statute, have helped decide over 75,000 court of appeals cases-nearly one of every five merits decisions. Although scholars and judges have warned that the presence of these visitors on appellate panels may undermine consistency, legitimacy, or collegiality, little empirical evidence exists related to such concerns. Working with an especially complete data set of labor law opinions, the authors found that district court visitors perform in a much more diffident fashion than their appellate colleagues. They contribute notably fewer majority opinions and dissents. In addition, their participations do not reflect their professional or …

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Discrimination Cases In The 2000 Term, Eileen Kaufman Jan 2001

Discrimination Cases In The 2000 Term, Eileen Kaufman

Scholarly Works

No abstract provided.

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The Changing Role Of Labor Arbitration, Theodore J. St. Antoine Jan 2001

The Changing Role Of Labor Arbitration, Theodore J. St. Antoine

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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Predicting The Future Of Employment Law: Reflecting Or Refracting Market Forces?, Stewart J. Schwab Jan 2001

Predicting The Future Of Employment Law: Reflecting Or Refracting Market Forces?, Stewart J. Schwab

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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Restrictive Covenants, Employee Training, And The Limits Of Transaction-Cost Analysis, Gillian Lester Jan 2001

Restrictive Covenants, Employee Training, And The Limits Of Transaction-Cost Analysis, Gillian Lester

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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Response To Gillian Lester And Stewart J. Schwab: An Indiana Perspective, William R. Groth Jan 2001

Response To Gillian Lester And Stewart J. Schwab: An Indiana Perspective, William R. Groth

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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A Framework For The Rejuvenation Of The American Labor Movement, Michael C. Harper Jan 2001

A Framework For The Rejuvenation Of The American Labor Movement, Michael C. Harper

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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What The Experiences Of The Recent Past Tell Us About The Labor And Employment Law Issues Of The Future (Roundtable Discussion), Catherine Barnard, Willard Carr, Kenneth G. Dau-Schmidt, Alvin Goldman Jan 2001

What The Experiences Of The Recent Past Tell Us About The Labor And Employment Law Issues Of The Future (Roundtable Discussion), Catherine Barnard, Willard Carr, Kenneth G. Dau-Schmidt, Alvin Goldman

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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No Pain, No Gain, No Compensation: Expoliting Professional Athletes Through Substandard Medical Care Administered By Team Physician, Nick Dicello Jan 2001

No Pain, No Gain, No Compensation: Expoliting Professional Athletes Through Substandard Medical Care Administered By Team Physician, Nick Dicello

Cleveland State Law Review

This note discusses the role of the team physician and the unique conflicts he or she faces when providing medical care to athletes. In particular, the note describes the pressure team doctors experience from team management, the coaching staff, and the players themselves. Next, the note discusses the types of claims professional athletes have brought against their doctors and team employers and how the terms of collective bargaining agreements (CBA) and workers' compensation laws create obstacles to their recovery. The note will explore the need for a specialized legal standard within the practice of sports medicine and identify the disincentive …

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Bargaining For Loyalty In The Information Age: A Reconsideration Of The Role Of Substantive Fairness In Enforcing Employee Noncompetes, Rachel Arnow-Richman Jan 2001

Bargaining For Loyalty In The Information Age: A Reconsideration Of The Role Of Substantive Fairness In Enforcing Employee Noncompetes, Rachel Arnow-Richman

UF Law Faculty Publications

This article explores the enforceability of employee non-compete agreements, with particular attention to their use in information-based industries as a response to increased worker mobility. Non-compete agreements have long been viewed with skepticism by courts and scholars due to historical concerns about employee bargaining power. This article argues that the current approach to assessing the fairness of these agreements is misdirected. Courts attempt to distinguish proper from improper restraints by looking to whether the non-compete protects an employer interest that is separate and distinct from the employer's desire simply to retain the employee. Such an approach is unworkable in an …

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Overcoming Adversity: Distinguishing Retaliation From General Prohibitions Under Federal Employment Discrimination Law, Eric M.D. Zion Jan 2001

Overcoming Adversity: Distinguishing Retaliation From General Prohibitions Under Federal Employment Discrimination Law, Eric M.D. Zion

Indiana Law Journal

No abstract provided.

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International Governance And Domestic Convergence In Labor Law As Seen From The American Midwest, Matthew W. Finkin Jan 2001

International Governance And Domestic Convergence In Labor Law As Seen From The American Midwest, Matthew W. Finkin

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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Response To Matthew W. Finkin And Catherine Barnard, Lynn Duggan Jan 2001

Response To Matthew W. Finkin And Catherine Barnard, Lynn Duggan

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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Erisa Preemption And The Case For A Federal Common Law Of Agency Governing Employer-Administrators, Joshua Fairfield Jan 2001

Erisa Preemption And The Case For A Federal Common Law Of Agency Governing Employer-Administrators, Joshua Fairfield

Articles by Maurer Faculty

No abstract provided.

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Response To Theodore J. St. Antoine And Michael C. Harper, Barry A. Macey Jan 2001

Response To Theodore J. St. Antoine And Michael C. Harper, Barry A. Macey

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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Discrimination, Plain And Simple, Henry L. Chambers, Jr. Jan 2001

Discrimination, Plain And Simple, Henry L. Chambers, Jr.

Law Faculty Publications

This short essay is a brief examination of the Court's relatively recent attempts to simplify Title VII and employment discrimination; it is not intended to be a comprehensive review of the Court's discrimination jurisprudence. Rather, it seeks to identify a few concerns with and implications of the Court's apparent desire to simplify Title VII jurisprudence. Part I briefly examines how the Court has simplified employment discrimination through Hicks and Oncale. Part II examines how the Court's simplifications have been used. Part III suggests concerns that should accompany the Court's simplification.

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Arbitration Of Statutory Claims In The Unionized Workplace: Is Bargaining With The Union Required?, Ann C. Hodges Jan 2001

Arbitration Of Statutory Claims In The Unionized Workplace: Is Bargaining With The Union Required?, Ann C. Hodges

Law Faculty Publications

This article analyzes the question of whether arbitration of statutory claims should be classified as a mandatory or permissive subject of bargaining under the National Labor Relations Act (NLRA). First, this article reviews the post-Wright cases that hold that a union-negotiated waiver is permissible. Second, this article reviews the only decision to consider the issue of classification of the bargaining subject, Air Line Pilots Ass'n, International v. Northwest Airlines, Inc., a case arising in the United States Court of Appeals for the District of Columbia under the Railway Labor Act. In that case, the court concluded that the …

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The Legitimacy Of Labor Unions, Peter Levine Jan 2001

The Legitimacy Of Labor Unions, Peter Levine

Hofstra Labor & Employment Law Journal

Labor unions do not have a well-understood rationale, as do capitalist enterprises, strictly voluntary associations, and democratic states. They are nonprofit associations, but also coercive economic agents; working-class communities, but also powerful special interests; embodiments of rights, but also incompatible with certain individual freedoms. These tensions result in an ambivalent legal status. For instance, unions may collect fees from (and negotiate contracts for) certain employees without obtaining their individual consent, yet no one can be required to belong to a union. Unions are exempt from antitrust laws and may restrain competition, but only in particular ways. We cannot assess these …

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Disadvantaged By Design: How The Law Inhibits Agricultural Guest Workers From Enforcing Their Rights, Michael Holley Jan 2001

Disadvantaged By Design: How The Law Inhibits Agricultural Guest Workers From Enforcing Their Rights, Michael Holley

Hofstra Labor & Employment Law Journal

No abstract provided.

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The Eleventh Amendment: "A Work In Progress", Sabina Sosunova, Bonnie A. Tucker Jan 2001

The Eleventh Amendment: "A Work In Progress", Sabina Sosunova, Bonnie A. Tucker

Hofstra Labor & Employment Law Journal

No abstract provided.

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Leading By Example: An Holistic Approach To Individual Disparate Treatment Law, Michael J. Zimmer Jan 2001

Leading By Example: An Holistic Approach To Individual Disparate Treatment Law, Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.

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Slicing & Dicing Individual Disparate Treatment Law, Michael J. Zimmer Jan 2001

Slicing & Dicing Individual Disparate Treatment Law, Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.

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Who Pays Arbitration Fees? The Unanswered Question In Circuit City Stores, Inc. V. Adams, Melissa G. Lamm Jan 2001

Who Pays Arbitration Fees? The Unanswered Question In Circuit City Stores, Inc. V. Adams, Melissa G. Lamm

Campbell Law Review

As courts and administrative agencies are becoming busier and litigation more complex, many today see alternative dispute resolution, specifically arbitration, as a way to promptly and efficiently resolve disputes. Arbitration, especially in light of the recent United States Supreme Court decision in Circuit City Stores, Inc. v. Adams, is becoming more common in employer-employee, business-customer, and business- business relationships. The Court held in Circuit City that the Federal Arbitration Act (FAA) applies to nearly all interstate employment relationships. The challenge before the courts now is determining who should bear the burden of paying for the arbitration of disputes.

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Non-Legislative Labor Law Reform And Pre-Recognition Labor Neutrality Agreements: The Newest Civil Rights Movement, Roger C. Hartley Jan 2001

Non-Legislative Labor Law Reform And Pre-Recognition Labor Neutrality Agreements: The Newest Civil Rights Movement, Roger C. Hartley

Scholarly Articles

A central component of the overhauled union organizing strategy is greater reliance on the pre-recognition neutrality agreement negotiated with an employer whose employees a union is attempting to organize. This article examines these neutrality agreements. Part I locates the neutrality agreement within unions' revitalized approach to organizing." This discussion shows that neutrality agreements can redress four disadvantages unions confront when organizing: employer intimidation, harmful delay, inadequate access to employees, and inability to secure a first contract. These disadvantages, widely understood as contributing significantly to the decline in union membership during the last quarter of the twentieth century, constitute the core …

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Introduction: Employment Discrimination And The Problems Of Proof, John Valery White, Gregory Vincent Jan 2001

Introduction: Employment Discrimination And The Problems Of Proof, John Valery White, Gregory Vincent

Scholarly Works

This is an introduction to articles presented at a symposium on the U.S. Supreme Court’s decision in Reeves v. Sanderson Plumbing Prods. Co. sponsored by the Louisiana Law Review. Presenting papers were five of the leading scholars on employment discrimination law: Professor Catherine J. Lanctot of the Villanova University Law School, Professor Michael Selmi of the George Washington Law School, Professor Linda Hamilton Krieger, University of California at Berkely School of Law, Professor Rebecca Hanner White of the University of Georgia Law School, and Professor Michael Zimmer of the Seton Hall University School of Law. Respondents were the authors and …

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Next Challenge In Sexual Harassment Reform: Racial Disparity, The Panel One: Gender, Race, And Sexuality: Historical Themes And Emerging Issues In Women's Rights Law, Tanya K. Hernandez Jan 2001

Next Challenge In Sexual Harassment Reform: Racial Disparity, The Panel One: Gender, Race, And Sexuality: Historical Themes And Emerging Issues In Women's Rights Law, Tanya K. Hernandez

Faculty Scholarship

In order to do my homework in discussing both a tribute to women's lawyering and activism and also discuss emerging issues, I am going to focus on sexual harassment.

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