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Articles 61 - 90 of 170
Full-Text Articles in Labor and Employment Law
Disabiling The Ada: Essences, Better Angels, And Unprincipled Neutrality Claims, Aviam Soifer
Disabiling The Ada: Essences, Better Angels, And Unprincipled Neutrality Claims, Aviam Soifer
William & Mary Law Review
No abstract provided.
A Union Of Formalism And Flexibility: Allowing Employers To Set Their Own Liability Under Federal Employment Discrimination Laws, Darren M. Creasy
A Union Of Formalism And Flexibility: Allowing Employers To Set Their Own Liability Under Federal Employment Discrimination Laws, Darren M. Creasy
William & Mary Law Review
No abstract provided.
Resolving The Title Vii Partner-Employee Debate, Kristin Nicole Johnson
Resolving The Title Vii Partner-Employee Debate, Kristin Nicole Johnson
Michigan Law Review
In January of 2001, a New York court issued an order affirming a plaintiff's ability to bring suit against a law firm partnership for discriminatory acts that occurred during her tenure as an associate at the firm. The plaintiff, Stacy Ballen-Stier, joined Hahn & Hessen, L.L.P. as an associate and, on January 1, 1997, the firm invited her to join the partnership. According to Ms. Ballen-Stier's complaint, the words and actions of a fellow partner, Mr. Blejwas, created a hostile and abusive work environment and continued to plague her "even when [she] was away from the office." Ms. Ballen-Stier alleged …
Book Review, Success Through Political Action: Collective Bargaining In The Private Sector (Paul F. Clark Et Al. Eds.), César F. Rosado Marzán
Book Review, Success Through Political Action: Collective Bargaining In The Private Sector (Paul F. Clark Et Al. Eds.), César F. Rosado Marzán
All Faculty Scholarship
No abstract provided.
Reports, Awards And Opinions 2003-2004-2, Eric J. Schmertz
Reports, Awards And Opinions 2003-2004-2, Eric J. Schmertz
Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection
Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Defense Supply Center, Philadelphia, Massachusetts Electric Company, and The White Plains Bus Company, among others.
Parsing The Meaning Of "Adverse Employment Action" In Title Vii Disparate Treatment, Sexual Harassment, And Retaliation Claims: What Should Be Actionable Wrongdoing?, Rosalie Berger Levinson
Parsing The Meaning Of "Adverse Employment Action" In Title Vii Disparate Treatment, Sexual Harassment, And Retaliation Claims: What Should Be Actionable Wrongdoing?, Rosalie Berger Levinson
Law Faculty Publications
No abstract provided.
Reports, Awards And Opinions 2003-2004-1, Eric J. Schmertz
Reports, Awards And Opinions 2003-2004-1, Eric J. Schmertz
Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection
Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Crystal Art Corporation and Workpros, Incorporated and the Port Authority of New York and New Jersey, among others.
Unlawful Discrimination Or A Necessity For A Fair Trial?: Exclusion Of A Law Clerk With A Disability From The Courtroom During Jury Trial Of A Personal Injury Case, Luther A. Granquist
Unlawful Discrimination Or A Necessity For A Fair Trial?: Exclusion Of A Law Clerk With A Disability From The Courtroom During Jury Trial Of A Personal Injury Case, Luther A. Granquist
William Mitchell Law Review
Today, the judicial system, broadly viewed to include bench and bar, jurors, and court personnel, includes more persons of color and more women than ever before. Issues of discrimination on the basis of race and gender continue, but progress has been made. However, few persons with evident disabilities practice law or sit on the bench. Perhaps that is why the very presence of a man with serious disabilities prompts concerns about the effect that he will have, just being there, on the outcome of a case. When more persons with evident disabilities, more persons who use wheelchairs or have personal …
Critical Interventions: Toward An Expansive Equality Approach To The Doctrine Of Good Faith In Contract Law, Emily Houh
Critical Interventions: Toward An Expansive Equality Approach To The Doctrine Of Good Faith In Contract Law, Emily Houh
Faculty Articles and Other Publications
This article argues that courts should use the doctrine of good faith in contract law to prohibit improper considerations of race in contract formation and performance, and should recognize good faith as a device for eliminating racial subordination that can function beyond the scope of conventional civil rights discourse. Although civil rights laws provide important remedies to victims of discrimination, the elimination of racial subordination cannot remain the exclusive domain of civil rights law. Rather, other substantive areas of law can and should incorporate expansive equality principles to achieve that end. For example, this article demonstrates how the implied obligation …
Recent Supreme Court Decisions Affecting The Employer-Employee Relationship: Arbitration Of Employment Disputes, The Scope And Remedies Of The Americans With Disabilities Act, And Affirmative Action, Paula Alexander Becker, Susan A. O'Sullivan, Karen A. Prelich Passaro
Recent Supreme Court Decisions Affecting The Employer-Employee Relationship: Arbitration Of Employment Disputes, The Scope And Remedies Of The Americans With Disabilities Act, And Affirmative Action, Paula Alexander Becker, Susan A. O'Sullivan, Karen A. Prelich Passaro
Hofstra Labor & Employment Law Journal
No abstract provided.
Out Of The Frying Pan, Into The Fire: The Feasibility Of Post-Dispute Employment Arbitration Agreements, Lewis L. Maltby
Out Of The Frying Pan, Into The Fire: The Feasibility Of Post-Dispute Employment Arbitration Agreements, Lewis L. Maltby
William Mitchell Law Review
Changing the law to enforce only post-dispute agreements to arbitrate will not solve the problems of arbitration as a condition of employment. This change would leave the majority of employees who need arbitration in order to obtain justice empty handed, which is a situation far worse than the one employees face today. Rather than change from one unacceptable option to another, models for voluntary pre-dispute arbitration agreements need to be further developed.
A Further Darkside To Unsolicited Commercial E-Mail? An Assessment Of Potential Employer Liability For Spam E-Mail, 22 J. Marshall J. Computer & Info. L. 179 (2003), Ben Dahl
UIC John Marshall Journal of Information Technology & Privacy Law
This article looks at employer liability for pornographic spam in the workplace. It begins with an analysis of the risks and unique problems posed by employees’ Internet use while at work. The article makes note of some trouble areas where employers may be held vicariously liable for sexual harassment. It is suggested that employers protect themselves by taking steps to: 1) reduce the prevalence of unsolicited commercial e-mail in the workplace; 2) mute the potential harm of offensive e-mail; and 3) create a paper trail indicating diligence in the fight to protect employees. Employers may reach these goals by the …
Empirical Studies: How Do Discrimination Cases Fare In Court? Proceedings Of The 2003 Annual Meeting Of The Association Of American Law Schools, Section On Employment Discrimination, Monique C. Lillard
Articles
No abstract provided.
Major League Baseball's Answer To Salary Disputes And The Strike:, Brien M. Wassner
Major League Baseball's Answer To Salary Disputes And The Strike:, Brien M. Wassner
Vanderbilt Journal of Entertainment & Technology Law
Initially, this paper will briefly consider arbitration in general and then discuss the evolution of FOA and its implementation into MLB salary disputes. This paper will thereafter analyze the praises and criticisms of FOA, and establish that FOA is a superior mechanism for resolving salary disputes in professional sports because the FOA system is designed to facilitate negotiation and settlement rather than to resolve the dispute subsequent to adversarial hearings.
Illinois Construction Negligence, Post-Structural Work Act: The Need For A Clear Legislative Mandate, 36 J. Marshall L. Rev. 531 (2003), Peter Puchalski
Illinois Construction Negligence, Post-Structural Work Act: The Need For A Clear Legislative Mandate, 36 J. Marshall L. Rev. 531 (2003), Peter Puchalski
UIC Law Review
No abstract provided.
Overhauling The Good Faith Reasonable Doubt Test: Unions Should Be Obligated To Provide Annual Mandatory Polls To Determine Continuing Union Majority Status, 36 J. Marshall L. Rev. 377 (2003), Eve T. Kraszewski
UIC Law Review
No abstract provided.
Title Vii Retaliation, A Unique Breed, 36 J. Marshall L. Rev. 925 (2003), David Anthony Rutter
Title Vii Retaliation, A Unique Breed, 36 J. Marshall L. Rev. 925 (2003), David Anthony Rutter
UIC Law Review
No abstract provided.
Forward, 37 J. Marshall L. Rev. Xiii (2003), David Wray
Forward, 37 J. Marshall L. Rev. Xiii (2003), David Wray
UIC Law Review
No abstract provided.
Back To Basics: A Call To Reevalute The Unemployment Insurance Disqualification For Misconduct, 37 J. Marshall L. Rev. 27 (2003), Lisa Lawler Graditor
Back To Basics: A Call To Reevalute The Unemployment Insurance Disqualification For Misconduct, 37 J. Marshall L. Rev. 27 (2003), Lisa Lawler Graditor
UIC Law Review
No abstract provided.
A Woman's Climb Up The Law School Ladder, Autumn Mesa
A Woman's Climb Up The Law School Ladder, Autumn Mesa
Cardozo Journal of Equal Rights & Social Justice
The article examines the challenges women face in law school, arguing that the hierarchical and male-dominated structure of legal education creates significant barriers for female students. It contends that women are disproportionately affected by the competitive and often hostile environment, which can lead to feelings of alienation, lower self-esteem, and a struggle to maintain their unique perspectives. The author advocates for systemic change in legal academia to create a more inclusive environment that values diversity and supports female success.
Preemption’S Market Participant Immunity—A Constitutional Interpretation: Implications For Living Wage And Labor Peace Policies, Roger C. Hartley
Preemption’S Market Participant Immunity—A Constitutional Interpretation: Implications For Living Wage And Labor Peace Policies, Roger C. Hartley
Scholarly Articles
Nationwide, state and local governments are adopting policies that oblige their private-sector business partners to pay employees a "living wage" and/or to agree in various ways not to use public funds to finance anti-union activities. Conventional labor preemption principles would invalidate many of these conditional business arrangements unless they are immunized by preemption's market participant doctrine, first applied in the now decade-old Boston Harbor case. Accordingly, the focus of preemption litigation challenging living wage and labor peace policies ordinarily is the immunity's applicability. Because its reach is subject to widely varying interpretations, there exists a need to fix workable and …
A Wink And A Nod: The Hoffman Case And Its Effects On Freedom Of Association For Undocumented Workers, Jill Borak
A Wink And A Nod: The Hoffman Case And Its Effects On Freedom Of Association For Undocumented Workers, Jill Borak
Human Rights Brief
No abstract provided.
Day Laborers, Friend Or Foe: A Survey Of Community Responses, Mauricio A. Espana
Day Laborers, Friend Or Foe: A Survey Of Community Responses, Mauricio A. Espana
Fordham Urban Law Journal
This comment discusses the various ways that communities that benefit from day laborers respond to the presence of the "underground" employment phenomenon. Part I provides some background into the day laborers' situation, livelihood, and legal rights. Part II discusses the competing issues faced by day laborers, as well as the issues the laborers present to community residents, employers, and the United States Government. Finally, Part III discusses the different solutions that communities confronted with day laborers have proposed and implemented, and concludes that it is in the best interests of all parties involved that communities accept day labors and accommodate …
Damage Control: Staking Claim To Employment Law Remedies For Undocumented Immigrant Workers After Hoffman Plastic Compounds, Inc. V. Nlrb, Elizabeth R. Baldwin
Damage Control: Staking Claim To Employment Law Remedies For Undocumented Immigrant Workers After Hoffman Plastic Compounds, Inc. V. Nlrb, Elizabeth R. Baldwin
Seattle University Law Review
This Note explains why the Supreme Court's decision in Hoffman threatens to do the exact opposite of what the Court intended. Specifically, while the majority's opinion purports to maintain the integrity of IRCA, it will likely undermine the Act by encouraging employers to hire undocumented workers.' In addition to creating confusion, the Hoffman decision offends traditional notions of statutory construction by departing from both the text of the statute and the legislative intent. Furthermore, the holding has the de facto effect of forging a new way to investigate IRCA violations and grants employers a new defense to liability. Moreover, in …
Exploiting The Joint Employer Doctrine: Providing A Break For Sweatshop Garment Workers, Shirley Lung
Exploiting The Joint Employer Doctrine: Providing A Break For Sweatshop Garment Workers, Shirley Lung
Loyola University Chicago Law Journal
No abstract provided.
Parsing The Meaning Of Adverse Employment Action In Title Vii Disparate Treatment, Sexual Harassment, And Retaliation Claims: What Should Be Actionable Wrongdoing?, Rosalie Berger Levinson
Parsing The Meaning Of Adverse Employment Action In Title Vii Disparate Treatment, Sexual Harassment, And Retaliation Claims: What Should Be Actionable Wrongdoing?, Rosalie Berger Levinson
Oklahoma Law Review
No abstract provided.
Employers Who Implement Pre-Employment Tests To Screen Their Applicants, Beware (Or Not): An Analysis Of Lanning V. Southeastern Pennsylvania Transportation Authority And The Business Necessity Defense As Applied In Third Circuit Employment Discrimination Cases, Michael R. Sarno
Villanova Law Review (1956 - )
No abstract provided.
Kimel And Garrett: Another Example Of The Court Undervaluing Individual Sovereignty And Settled Expectations, 76 Temp. L. Rev. 787 (2003), Julie M. Spanbauer
Kimel And Garrett: Another Example Of The Court Undervaluing Individual Sovereignty And Settled Expectations, 76 Temp. L. Rev. 787 (2003), Julie M. Spanbauer
UIC Law Open Access Faculty Scholarship
No abstract provided.
Double Dipping: The Cross-Border Taxation Of Stock Options, Jeffrey M. Colon
Double Dipping: The Cross-Border Taxation Of Stock Options, Jeffrey M. Colon
Faculty Scholarship
Once awarded exclusively to upper management, stock options are now granted increasingly to rank-and-file employees and are becoming a greater component of employee compensation. The expanding use of stock options is undoubtedly due in part to the large increase in equity prices over the last twenty years. Further fueling the demand was the Internet start-up boom of the late 1990s, the spectacular financial success of many technology and computer companies, notably Microsoft and Oracle, and the well- publicized lucre acquired by their employees. The collapse of the initial public offerings market for Internet start-up companies at the dawn of the …
The Elusive Right To Reinstatement Under The Family Medical Leave Act, Stacy A. Hickox
The Elusive Right To Reinstatement Under The Family Medical Leave Act, Stacy A. Hickox
Kentucky Law Journal
No abstract provided.