Labor and Employment Law Commons^™

Counting The Cash: Disclosure And Cash Balance Plans, 37 J. Marshall L. Rev. 849 (2004), Dana M. Muir

UIC Law Review

No abstract provided.

Keeping Employees' Trust: The Rocky Road Ahead For Pension Plan Trustees, 37 J. Marshall L. Rev. 903 (2004), Nikolay A. Ouzounov

UIC Law Review

No abstract provided.

Need For A Ceasefire In The War On The Workers: Restoring The Balance And Hope Of The National Labor Relations Act, 37 J. Marshall L. Rev. 925 (2004), Mary Ann Leuthner

UIC Law Review

No abstract provided.

Insulin-Dependent Diabetes And Access To Treatment In The Workplace: The Failure Of The Americans With Disabilities Act To Provide Protection, 37 J. Marshall L. Rev. 957 (2004), Margaret C. Mcgrath

UIC Law Review

No abstract provided.

Retaliation Against Third Parties: A Potential Loophole In Title Vii's Discrimination Protection, 37 J. Marshall L. Rev. 1313 (2004), Anita G. Schausten

UIC Law Review

No abstract provided.

United Nations Norms On The Responsibilities Of Transnational Corporations And Other Business Enterprises With With Regard To Human Rights: The International Community Asserts Binding Law On The Global Rule Makers, 37 J. Marshall L. Rev. 1205 (2004), Julie Campagna

UIC Law Review

No abstract provided.

Bailey V. Norfolk & Western Railway Co.: Creating A Collateral Victim Doctrine Under The West Virginia Human Rights Act, Brad C. Friend

West Virginia Law Review

No abstract provided.

Occupational Risk: The Outrageous Reaction To Hiv Positive Public Safety And Health Care Employees In The Workplace, Manju Gupta

Journal of Law and Health

Society, including the legal profession, fears the risk of transmission of HIV in an occupational setting. This is particularly true for those in the health care and public safety settings (fire fighters, police, and healthcare practitioners). This note will assert that the law should afford HIV infected public safety and healthcare employees the right to continue in their occupations. According to current medical evidence, when public safety and healthcare employees use universal precautions the risk of transmission to a person(s) assisted is insignificant. At the beginning of the epidemic, the medical profession had yet to conduct research, and the risks …

Women In The Workplace: Sexual Discrimination In Japan, Kelly Barrett

Human Rights Brief

No abstract provided.

International Trade And Workers’ Rights: Practical Tools For Reading Labor Rights Provisions Of Free Trade Agreements, Benjamin Holt, Michael Waller

Human Rights Brief

No abstract provided.

A New Image In The Looking Glass: Faculty Mentoring, Invitational Rhetoric, And The Second-Class Status Of Women In U.S. Academia, Carlo A. Pedrioli

Faculty Scholarship

This article maintains that because Title VII alone does not have the ability to further the progress women have made in academic hiring, retention, and promotion, looking to remedies in addition to Title VII will be advantageous in helping to improve the status of women in U.S. academia. The article suggests as an additional remedy the implementation of faculty mentoring opportunities for junior female faculty members. A key way of initiating and furthering such mentoring opportunities is a type of discourse called invitational rhetoric, which is “an invitation to understanding as a means to create...relationship[s] rooted in equality, immanent value, …

Protecting The Labor And Employment Rights Of Immigrant Workers, Anita Sinha, Rebecca Smith, Cynthia Mark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Barriers To Immigrant Laborers' Access To Workplace Rights, Anita Sinha

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Exceeding Our Boundaries: Transnational Employment Law Practice And The Export Of American Lawyering Styles To The Global Worksite, Susan Bisom-Rapp

Faculty Scholarship

Until very recently, one almost never heard mention of international issues among labor and employment law practitioners in the United States. Conventional wisdom considers this practice area quintessentially local. Identifying a trend that unseats this taken-for-granted notion, the article details the birth of a new employment law sub-specialty: international labor and employment law. Some U.S. management attorneys, working with transnational legal teams comprised of lawyers from foreign firms, are beginning to coordinate multinational clients' employment law projects across multiple national jurisdictions. While the world's legal regimes that regulate labor markets are remarkably culturally specific, the formation of transnational networks of …

The Americans With Disabilities Act Of 1990 - Progeny Of The Civil Rights Act Of 1964, Robert Dinerstein

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Will Employment Discrimination Class Actions Survive?, Melissa Hart

Publications

Recent years have witnessed increasing attacks on the appropriateness of certification of employment discrimination class action claims. The shift is often attributed to amendments to federal antidiscrimination laws in the Civil Rights Act of 1991. This paper argues, however, that the changes wrought by the 1991 amendments need not pose a barrier to resolution of employment discrimination claims through class litigation. The addition of compensatory and punitive damages and a jury-trial right may increase the level of scrutiny and perhaps the level of judicial involvement necessary in an employment discrimination class action. But they do not render such a class …

Porterfield V. Mascari H, Inc.: "A Clear Mandate Of Public Policy" Remains Unclear In Maryland's Wrongful Discharge Jurisprudence, Benjamin S. Haley

Maryland Law Review

No abstract provided.

Book Review Of The Home Office And The Dangerous Trades: Regulating Occupational Disease In Victorian And Edwardian Britain, Michael Ashley Stein

Faculty Publications

No abstract provided.

Summary Of Desert Valley Construction And Employers Insurance Company Of Nevada V. Keith Hurley, 120 Nev. Adv. Op. No. 55, Kirk Reynolds

Nevada Supreme Court Summaries

Employers Desert Valley Construction and Employers Insurance Company of Nevada (EICN) appealed from an order denying their petition for judicial review of a workers’ compensation award in favor of respondent Keith Hurley.

Religious Organizations And Mandatory Collective Bargaining Under Federal And State Labor Laws: Freedom From And Freedom For, Kathleen A. Brady

Villanova Law Review (1956 - )

No abstract provided.

Employment Law: Reasonable Accomodation Under The Americans With Disabilities Act Vs. Employee Seniority Rights: Understanding The Real Conflict In U.S. Airways V. Barnett, Blake Sonne

Oklahoma Law Review

No abstract provided.

Employment Law: Desert Palace, Inc. V. Costa: Returning To Title Vii's Core Principles By Eliminating The Direct Evidence Requirement In Mixed-Motive Cases, Daniel P. Johnson

Oklahoma Law Review

No abstract provided.

Employment Law: Congress Giveth And The Supreme Court Taketh Away: Title Vii's Prohibition Of Religious Discrimination In The Workplace, Huma T. Yunus

Oklahoma Law Review

No abstract provided.

The Imperium Strikes Back: The Need To Teach Socioeconomics To Law Students., William K. Black

Faculty Works

No abstract provided.

Is There A Place For Race As A Legal Concept, Sharona Hoffman

Faculty Publications

What does "race" mean? The word "race" is omnipresent in American social, political, and legal discourse. The concept of "race" is central to contemporary debate about affirmative action, racial profiling, hate crimes, health inequities, and many other issues. Nevertheless, the best research in genetics, medicine, and the social sciences reveals that the concept of "race" is elusive and has no reliable definition.

This article argues that "race" is an unnecessary and potentially pernicious concept. As evidenced by the history of slavery, segregation, the Holocaust, and other human tragedies, the idea of "race" can perpetuate prejudices and misconceptions and serve as …

Organizing In The Garment Industry In Mexico: Implications For New Social Movement Theory, Victoria Carty

Sociology Faculty Articles and Research

This paper examines attempts to improve workers' rights in the Maquila Industry in Mexico by using two case studies. It analyzes the struggles that recently occurred at the Kukdong and Duro plants. The underlying question of the research is how to balance the co-existence of market economies with effective means to ensure adequate conditions for workers, and most importantly, ensuring their right to freedom of association. Under recent forms of global economic restructuring, the state is often unwilling or unable to uphold workers' rights. To combat the present form of corporate-driven global capitalism, workers in the South, in solidarity with …

Love, Sex And Politics? Sure. Salary? No Way: Workplace Social Norms And The Law, Rafael Gely, Leonard Bierman

Faculty Publications

A recent article in the New York Times captioned “Love, sex and politics? Sure. Salary? No way” discusses Americans' strong aversion to talking about their salaries. The piece notes that while discussion of financial matters is often acceptable in some parts of the world, it is generally considered “crass” in the United States. In short, discussion by individuals of their salaries and related matters can be seen as violating an American “social norm.” One-third of United States private sector employers have reinforced this norm by adopting specific rules prohibiting employees from discussing their wages with co-workers, rules known as pay …

Avoiding Regulatory Mismatch In The Workplace: An Informational Approach To Workplace Safety Regulation, Thom Lambert

Faculty Publications

The purpose of this article is to do just that. As it turns out, there is fertile middle ground between the pure libertarian “do nothing” approach and the paternalistic command-and-control approach OSHA tends to favor. Even the middle ground “information-provision” approach a number of theorists have advocated (in imprecise terms) could be implemented several different ways, some of which would be more effective than others. It is therefore possible to make some systematic policy prescriptions that may aid regulators attempting to avoid regulatory mismatch.In the course of exploring the range of regulatory options, this article attempts to make several contributions …

Job Security Without Equality: The Family And Medical Leave Act Of 1993, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

This piece reevaluates the passage and implementation of the Family and Medical Leave Act (FMLA) against the egalitarian ideal described by the Supreme Court in its recent decision in Nevada Department of Human Resources v. Hibbs. The Court in Hibbs upheld the FMLA against an Eleventh Amendment challenge, concluding that Congress enacted the law as a congruent and proportional remedy to the longstanding history of state-sponsored discrimination against working women. According to the Court, Congress enacted the FMLA to remedy a longstanding history of discrimination against working women by forcing employers to offer caretaking leave on gender-neutral terms. At least …

Neutrality Agreements And Card Check Recognition: Prospects For Changing Paradigms , James J. Brudney

Faculty Scholarship

The rise of neutrality agreements is a major development in labor-management relations in this country. The union movement's new approach to organizing displaces elections supervised by the National Labor Relations Board (NLRB) with negotiated agreements that provide for employers to remain neutral during an upcoming union campaign and (in most instances) for employees to decide if they wish to be represented through signing authorization cards rather than through a secret ballot election. Professor Brudney demonstrates the substantial role now being played by this contractually based approach to union organizing. He also explains why so many employers have agreed to neutrality …