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Articles 151 - 180 of 215
Full-Text Articles in Labor and Employment Law
Disparate Impact Theory In Employment Discrimination: What’S Griggs Still Good For? What Not?, Elaine W. Shoben
Disparate Impact Theory In Employment Discrimination: What’S Griggs Still Good For? What Not?, Elaine W. Shoben
Scholarly Works
Is disparate impact a dead theory of employment discrimination? Definitely not. The theory itself has a more stable legal status than it did when the Supreme Court embraced it in its 1971 opinion Griggs v. Duke Power Co. But is it thriving in litigation? It appears to be neither thriving nor dead. It has become a relatively less vital tool, compared with theories of intentional discrimination. Despite the heroic effort of Congress to keep the theory from destruction by the Supreme Court through its express codification in 1991, disparate impact litigation is not making a major impact in this …
Should The World Trade Organization Incorporate Labor And Environmental Standards, Chantal Thomas
Should The World Trade Organization Incorporate Labor And Environmental Standards, Chantal Thomas
Washington and Lee Law Review
No abstract provided.
Comments On Pretext In Employment Discrimination Litigation: Mandatory Instructions For Permissible Inferences?, Carolyn L. Wheeler
Comments On Pretext In Employment Discrimination Litigation: Mandatory Instructions For Permissible Inferences?, Carolyn L. Wheeler
Washington and Lee Law Review
No abstract provided.
Reinstatement Claims Under The Family And Medical Leave Act Of 1993: Leaving Behind The Inter-Circuit Chaos And Instating A Suitable Proof Structure, Amy Stutzke
NYLS Law Review
No abstract provided.
Erisa: Rethinking Firestone In Light Of Great-West--Implications For Standard Of Review And The Right To A Jury Trial In Welfare Benefit Claims, Donald T. Bogan
Erisa: Rethinking Firestone In Light Of Great-West--Implications For Standard Of Review And The Right To A Jury Trial In Welfare Benefit Claims, Donald T. Bogan
Faculty Articles
No abstract provided.
Supreme Court Narratives On Equality And Gender Discrimination In Employment: 1971-2002, Vicki Lens
Supreme Court Narratives On Equality And Gender Discrimination In Employment: 1971-2002, Vicki Lens
Cardozo Journal of Equal Rights & Social Justice
The article examines the Supreme Court's evolving approach to gender discrimination in the workplace, particularly during the 1970s and 1980s, as it grappled with the intersection of formal and substantive equality. The Court's decisions reflected the influence of the feminist movement and broader societal shifts, addressing issues such as pregnancy-related discrimination, sexual harassment, and workplace stereotypes. While the Court often invalidated discriminatory practices, its rulings also revealed tensions in balancing equal treatment with competing interests, such as military preparedness or employer liability. The analysis highlights how the Court's narrative on gender equality was shaped by legal doctrines, cultural values, and …
Outsourcing: Promise Of Growth Or Doom Of The American Worker?, Gavin Mhley
Outsourcing: Promise Of Growth Or Doom Of The American Worker?, Gavin Mhley
Public Interest Law Reporter
No abstract provided.
Bush Proposes Guest Worker Program, John Anderson
Bush Proposes Guest Worker Program, John Anderson
Public Interest Law Reporter
No abstract provided.
Chicago Excludes Asians From Contract Program, Amee Patel
Chicago Excludes Asians From Contract Program, Amee Patel
Public Interest Law Reporter
No abstract provided.
House Votes To Amend Overtime Pay Regulations, Maura Deady
House Votes To Amend Overtime Pay Regulations, Maura Deady
Public Interest Law Reporter
No abstract provided.
Minimum Wages, Inequality, And Globalization, T. H. Gindling, Katherine Terrell
Minimum Wages, Inequality, And Globalization, T. H. Gindling, Katherine Terrell
Michigan Journal of International Law
The authors argue in this paper that the institution of the minimum wage is also an important factor in explaining changes in earnings inequality in Costa Rica, and that it can be an important factor in many developing countries. This study is a departure from the literature on institutions and development, which tends to analyze the impact of a more generally defined set of institutions using data on a number of countries. In this paper the authors analyze detailed changes in one institution in one country, using panel data over time. They argue that it is important to understand how …
The Imperative Of Instructing On Pretext: A Comment On William J. Volmer's Pretext In Employment Discrimination Litigation. Mandatory Instructions For Permissible Inferences?, C. Elizabeth Belmont
The Imperative Of Instructing On Pretext: A Comment On William J. Volmer's Pretext In Employment Discrimination Litigation. Mandatory Instructions For Permissible Inferences?, C. Elizabeth Belmont
Washington and Lee Law Review
No abstract provided.
Malignant Indifference: The Wages Of Contemporary Child Labor In The United States, Seymour Moskowitz
Malignant Indifference: The Wages Of Contemporary Child Labor In The United States, Seymour Moskowitz
Oklahoma Law Review
No abstract provided.
Isolated And Politicized: The Nlrb's Uncertain Future The National Labor Relations Board In Comparative Context: Introduction, James J. Brudney
Isolated And Politicized: The Nlrb's Uncertain Future The National Labor Relations Board In Comparative Context: Introduction, James J. Brudney
Faculty Scholarship
The National Labor Relations Board has managed to remain unusually detached or isolated in its decision-making even as it has come to operate in an openly partisan manner. There is a certain paradoxical quality to the coexistence of these two descriptors for Board conduct: isolation in agency performance ordinarily suggests a neutral separation from the political process whereas politicization implies a close connection to the elected branches. The explanation for this odd pairing involves a number of factors: some reflect political realities beyond the agency's ability to control, others relate to the structure of the NLRA, and still others are …
"Don't Ask, Don't Tell": A Qualified Defense, Eugene R. Milhizer
"Don't Ask, Don't Tell": A Qualified Defense, Eugene R. Milhizer
Hofstra Labor & Employment Law Journal
Upon the 10th Anniversary of the so-called “Don’t Ask, Don’t Tell” policy, I was asked to reflect upon the policy by Hofstra University. This article presents my remarks at a symposium dedicagted to this topic. The article first reviews in detail the origins of the policy. It then explores the moral debate implicated by the policy, including the traditional arguments against homosexuality with special attention to the natural law, and latitudinarian arguments in favor of homosexuality or opposed to discrimination based on the basis of homosexuality. The article next surveys contemporary attitudes about homosexuality, focusing on military service by homosexuals. …
The Education Of A Sailor, Keith Taylor
The Education Of A Sailor, Keith Taylor
Hofstra Labor & Employment Law Journal
No abstract provided.
Honing Our Kraft?: Reconciling Variations In The Remedial Treatment Of Weingarten Violations, Michael D. Moberly, Andrea G. Lisenbee
Honing Our Kraft?: Reconciling Variations In The Remedial Treatment Of Weingarten Violations, Michael D. Moberly, Andrea G. Lisenbee
Hofstra Labor & Employment Law Journal
No abstract provided.
Graduate Assistants At The Bargaining Table, But For How Long?, Stephen L. Ukeiley
Graduate Assistants At The Bargaining Table, But For How Long?, Stephen L. Ukeiley
Hofstra Labor & Employment Law Journal
No abstract provided.
Something Every Lawyer Needs To Know: The Employer-Employee Distinction In The Modern Law Firm, Catherine Lovly, Matthew J. Mehnert
Something Every Lawyer Needs To Know: The Employer-Employee Distinction In The Modern Law Firm, Catherine Lovly, Matthew J. Mehnert
Hofstra Labor & Employment Law Journal
No abstract provided.
Liberty, Diversity, Academic Freedom, And Survival: Preferential Hiring Among Religiously-Affliated Institutions Of Higher Education, Jamie Darin Prenkert
Liberty, Diversity, Academic Freedom, And Survival: Preferential Hiring Among Religiously-Affliated Institutions Of Higher Education, Jamie Darin Prenkert
Hofstra Labor & Employment Law Journal
This article discusses the exemptions given to religious educational institutions from the usual Title VII protections afforded employees. The author supports the use of such exemptions when they promote diversity and protecting the fundamental foundation of the institution itself, but warns that there is a point where the exemptions must not be used even when they are within the power of the institution to invoke. Such inappropriate instances include promoting faculty or granting tenure to faculty members who are not of the religious persuasion of the institution, or hiring the best and brightest faculty over the professor who simply agrees …
Same-Sex Marriage: The Evolving Landscape For Employee Benefits, Neal S. Schelberg, Carri L. Mitnick
Same-Sex Marriage: The Evolving Landscape For Employee Benefits, Neal S. Schelberg, Carri L. Mitnick
Hofstra Labor & Employment Law Journal
This article deals with the aftermath of the Goodridge decision in terms of employment benefits for partners in a same-sex marriage, particularly in the interstate context. Because marriages in one state are generally recognized in all other states, the article focuses on how employers must treat a Massachusetts same-sex marriage in light of the Defense of Marriage Act and its prohibition of same-sex marriage for the purpose of federal employment benefits.
The Continuing Relevance Of Race-Concious Remedies And Prgrams In Integrating The Nation's Workforce, Michael L. Foreman, Kristin M. Dadey, Audrey J. Wiggins
The Continuing Relevance Of Race-Concious Remedies And Prgrams In Integrating The Nation's Workforce, Michael L. Foreman, Kristin M. Dadey, Audrey J. Wiggins
Hofstra Labor & Employment Law Journal
The authors argue that achieving diversity should be one of the main legitimate justifications for affirmative action programs, in addition to the traditionally cited "remedy for past discrimination" justification. The authors describe the legal framework for affirmative action beginning with the Civil Rights Act of 1964. They discuss the various types of affirmative action plans - public and private, court ordered and voluntary. The article concludes with a discussion of Department of Justice and EEOC policies towards affirmative action, arguing that the federal government should be the biggest proponent of such programs.
Facially Neutral No-Rehires Rules And The Americans With Disabilities Act, Christine Neylon O'Brien
Facially Neutral No-Rehires Rules And The Americans With Disabilities Act, Christine Neylon O'Brien
Hofstra Labor & Employment Law Journal
This article deals with the issue of whether alcoholism should qualify as a disability under the Americans with Disabilities Act. Under this theoretical category, an employee or potential employee would have a cause of action once he shows his disability no longer interferes with his ability to perform his job. One example of a prospective plaintiff is a recovering alcoholic. The author addresses the difference between a disparate impact claim and a disparate treatment claim and asserts what employers should do to ensure they do not run afoul of the ADA.
Stepping Out Of The Courtroom And Into The Personnel Department: An Analysis Of Reasonable Accommodation And Disparate Impact In Raytheon V. Hernandez, Douglas Menikheim, Frederick R. Trelfa
Stepping Out Of The Courtroom And Into The Personnel Department: An Analysis Of Reasonable Accommodation And Disparate Impact In Raytheon V. Hernandez, Douglas Menikheim, Frederick R. Trelfa
Hofstra Labor & Employment Law Journal
No abstract provided.
Association Discrimination Under The Americans With Disabilities Act: Another Uphill Batllle For Potential Ada Plaintiffs, Lawerence D. Rosenthal
Association Discrimination Under The Americans With Disabilities Act: Another Uphill Batllle For Potential Ada Plaintiffs, Lawerence D. Rosenthal
Hofstra Labor & Employment Law Journal
No abstract provided.
Dirty Dancing: Attributing The Moral Right Of Attribution To American Copyright Law: The Work For Hire Doctrine And The Usurping Of The Ultimate Grand Dame And Founder Of Modern Dance, Martha Graham, Sarah Kutner, Holly Rich
Dirty Dancing: Attributing The Moral Right Of Attribution To American Copyright Law: The Work For Hire Doctrine And The Usurping Of The Ultimate Grand Dame And Founder Of Modern Dance, Martha Graham, Sarah Kutner, Holly Rich
Hofstra Labor & Employment Law Journal
No abstract provided.
Overcoming Resistance To Diversity In The Executive Suite: Grease, Grit, And The Corporate Tournament, Donald C. Langevoort
Overcoming Resistance To Diversity In The Executive Suite: Grease, Grit, And The Corporate Tournament, Donald C. Langevoort
Georgetown Law Faculty Publications and Other Works
Once we open the corporate governance/human resources nexus to deeper inquiry, mutual scholarly interest in diversity and discrimination follows naturally. Firms have complex motives to take nondiscrimination and the promotion of diversity seriously. First, at least certain forms of discrimination are both unlawful and socially illegitimate and hence present threats of potential liability and injury to reputation. Second, human resources demands are such that attracting and motivating a diverse workforce is a competitive imperative. At the same time, however, offsetting economic forces may exist that favor subtle forms of discrimination and hostility to diversity, even if intentional and overt racial …
Albert Pujols: Major League Baseball Salary Arbitration From A Unique Perspective, Stuart J. Riemer
Albert Pujols: Major League Baseball Salary Arbitration From A Unique Perspective, Stuart J. Riemer
Cardozo Arts & Entertainment Law Journal
No abstract provided.
"Equitable Remuneration" In Copyright Law: The Amended German Copyright Act As A Trap For The Entertainment Industry In The U.S.?, Reto M. Hilty, Alexander Peukert
"Equitable Remuneration" In Copyright Law: The Amended German Copyright Act As A Trap For The Entertainment Industry In The U.S.?, Reto M. Hilty, Alexander Peukert
Cardozo Arts & Entertainment Law Journal
No abstract provided.
A Woman's World, Michael Fischl