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Articles 151 - 180 of 221
Full-Text Articles in Labor and Employment Law
Solving The Employee Reference Problem: Lessons From The German Experience, Kenneth Glenn Dau-Schmidt, Matthew Finkin
Solving The Employee Reference Problem: Lessons From The German Experience, Kenneth Glenn Dau-Schmidt, Matthew Finkin
Articles by Maurer Faculty
In this article we examine the problem of declining employer references in the American economy. We argue that the problem is not that employers inordinately fear potential slander and libel liability for giving references, but that they have no assurance of benefits from reciprocal references in exchange for taking any risk or suffering any cost in giving references. We provide a comparative legal analysis and argue that the United States might benefit from adopting an employer letter of recommendation system similar to that currently used in Germany.
"Old And Making Hay:" The Results Of The Pro Bono Institute Firm Survey On The Viability Of A "Second Acts" Program To Transition Attorneys To Retirement Through Pro Bono Work, Kenneth Glenn Dau-Schmidt, Esther Lardent, Reena Glazer, Kellen Ressmeyer
"Old And Making Hay:" The Results Of The Pro Bono Institute Firm Survey On The Viability Of A "Second Acts" Program To Transition Attorneys To Retirement Through Pro Bono Work, Kenneth Glenn Dau-Schmidt, Esther Lardent, Reena Glazer, Kellen Ressmeyer
Articles by Maurer Faculty
In his 1998 Fairchild Lecture, Professor Marc Galanter proposed the idea that senior attorneys should be encouraged to undertake "a second 'public service' career" as a way of transitioning to retirement. The logic for encouraging such "Second Acts" in lawyers' careers is compelling. As Professor Galanter has demonstrated, in the coming years, there will be record numbers of attorneys navigating the transition to retirement as the "Baby Boomers" reach their golden years. This substantial body of highly skilled lawyers could have a significant impact on fulfilling unmet needs for legal representation. If even 5% of the practicing attorneys over sixty-five …
A Disability By Any Other Name Is Still A Disability: Log Cabin, The Disability Spectrum, And The Ada (Aa), Gabrielle L. Goodwin
A Disability By Any Other Name Is Still A Disability: Log Cabin, The Disability Spectrum, And The Ada (Aa), Gabrielle L. Goodwin
Articles by Maurer Faculty
In EEOC v. Lee's Log Cabin, the Seventh Circuit followed the Supreme Court precedent of the last decade that has increasingly narrowed the determination of what constitutes a disabled individual under the Americans with Disabilities Act. In 2008, Congress passed the ADA Amendments Act in an attempt to restore the ADA to its original purpose and the original vision of the ADA's drafters and supporters. Whether these amendments will produce dramatic changes in the way the administrative agencies and courts apply the ADA remains to be seen. Nonetheless, the only way the ADA or its amendments will successfully protect against …
What We Learn In Troubled Times: Deregulation And Safe Work In The New Economy, Susan Bisom-Rapp
What We Learn In Troubled Times: Deregulation And Safe Work In The New Economy, Susan Bisom-Rapp
Faculty Scholarship
Reviews of how federal agencies functioned during George W. Bush’s presidency reveal many instances of regulatory capture by industry. One prototypical example is the Occupational Safety and Health Administration (OSHA), the agency responsible for occupational safety and health (OSH) standard setting and enforcement. In contrast, a broad array of stakeholders during the Bush years gave good marks to an entirely separate agency, the National Institute for Occupational Safety and Health (NIOSH), which conducts research and develops recommendations to prevent workplace injury and illness. By reviewing the disparate performance of OSHA and NIOSH during the Bush administration, this article sheds light …
Data Note: Postsecondary Education And Employment Outcomes For Youth With Intellectual Disabilities, Alberto Migliore, John Butterworth
Data Note: Postsecondary Education And Employment Outcomes For Youth With Intellectual Disabilities, Alberto Migliore, John Butterworth
Data Note Series, Institute for Community Inclusion
Completion of postsecondary education is commonly associated with better employment outcomes for the general population. There is increasing interest in postsecondary education as an opportunity for individuals with intellectual disabilities (ID). One role that vocational rehabilitation (VR) serves is to support postsecondary education in accordance with their Individualized Plan for Employment (IPE).
Tools For Inclusion: Disclosure Of Disability Information At A One-Stop Career Center: Tips And Guidelines, David Hoff
Tools For Inclusion: Disclosure Of Disability Information At A One-Stop Career Center: Tips And Guidelines, David Hoff
Tools for Inclusion Series, Institute for Community Inclusion
One-Stops Career Centers (One-Stops) were established under the federal Workforce Investment Act to provide a full range of job seeker assistance under one roof. One-Stops are located at a variety of locations in each state, with more than 3,200 centers across the country. More than 13 million people per year use the One-Stop system. Many of these are people with disabilities.
Searching For The Balance Between Flexibility And Workers' Security (Is It Time To Reform Labor Market Policies?), Emmanuel F. Esguerra, Kristine Laura S. Canales
Searching For The Balance Between Flexibility And Workers' Security (Is It Time To Reform Labor Market Policies?), Emmanuel F. Esguerra, Kristine Laura S. Canales
Angelo King Institute for Economic and Business Studies (AKI)
The protection of labor and the regulation of labor-capital relations are fundamental elements of Philippine labor policy. This protective posture is enshrined in the Constitution (Art. XIII), and reaffirmed in the Labor Code of the Philippines which provides the legal basis for all existing labor market policies and regulations.
Globalization And The Provision Of Incentives Inside The Firm: The Effect Of Foreign Competition, Vincente Cuñat, Maria Guadalupe
Globalization And The Provision Of Incentives Inside The Firm: The Effect Of Foreign Competition, Vincente Cuñat, Maria Guadalupe
Center for Contract and Economic Organization
This article studies the effect of changes in foreign competition on the structure of compensation and incentives of U.S. executives. We find that import penetration (instrumented with exchange rates and tariffs) leads to more incentive provision in a variety of ways. First, it increases the sensitivity of pay to performance. Second, it increases within-firm pay differentials between executive levels, with CEOs typically experiencing the largest wage increases. Finally, higher foreign competition is also associated with a higher demand for talent. These results suggest that increased foreign competition can explain some of the recent trends in compensation structures.
Ricci V. Destefano: Disparate Impact And Title Vii Implications On Employment, Bill Schramm
Ricci V. Destefano: Disparate Impact And Title Vii Implications On Employment, Bill Schramm
Public Interest Law Reporter
No abstract provided.
Gaming In Massachusetts: Can Casinos Bring 'Good Jobs' To The Commonwealth?, Marlene Kim, Susan Moir, Anneta Argyres
Gaming In Massachusetts: Can Casinos Bring 'Good Jobs' To The Commonwealth?, Marlene Kim, Susan Moir, Anneta Argyres
Labor Resource Center Publications
This study examines the quality of jobs in the United States gaming industry and analyzes enabling legislation in five states that have legalized gaming. The authors find that the gaming industry -- particularly the unionized sector of the casino hotel industry -- provides good jobs with good wages and benefits for workers with less than a high school degree. The authors conlcude that workforce development efforts in Masschusetts must include strategies to address improving the quality of entry-level jobs.
Immigrant Labor And The Occupational Safety & Health Regime; Part I: A New Vision For Workplace Regulation, Jayesh Rathod
Immigrant Labor And The Occupational Safety & Health Regime; Part I: A New Vision For Workplace Regulation, Jayesh Rathod
Scholarly Articles in Law Reviews & Journals
This article is the first in a series of three articles that together form a scholarly project that unearths the causes of recent trends in immigrant worker fatalities and injuries in the U.S., and presents recommendations for reversing it. The article examines how the history, structure, and operations of the federal Occupational Safety and Health Administration (OSHA) have, at times, obscured the workplace safety concerns of immigrant workers and have left these workers with no meaningful voice in the regulatory process. The article presents a set of regulatory imperatives to guide OSHA’s future work with respect to immigrant workers. These …
It's About Time: A Proposal To Establish A Specialized International Agency For Coal Miner Safety And Health, Sara Mischner, Paula Rothfeld
It's About Time: A Proposal To Establish A Specialized International Agency For Coal Miner Safety And Health, Sara Mischner, Paula Rothfeld
Hofstra Labor & Employment Law Journal
No abstract provided.
Falling Through The Cracks: The Plight Of Domestic Workers And Their Continued Search For Legislative Protection, Adam J. Hiller, Leah E. Saxtein
Falling Through The Cracks: The Plight Of Domestic Workers And Their Continued Search For Legislative Protection, Adam J. Hiller, Leah E. Saxtein
Hofstra Labor & Employment Law Journal
No abstract provided.
The Restatement Of Employment Law Is The Wrong Project, Michael J. Zimmer
The Restatement Of Employment Law Is The Wrong Project, Michael J. Zimmer
Faculty Publications & Other Works
No abstract provided.
A Pro-Employee Supreme Court?: The Retaliation Decisions., Michael J. Zimmer
A Pro-Employee Supreme Court?: The Retaliation Decisions., Michael J. Zimmer
Faculty Publications & Other Works
No abstract provided.
Reproducing Gender On Law School Faculties, Ann C. Mcginley
Reproducing Gender On Law School Faculties, Ann C. Mcginley
Scholarly Works
This article demonstrates that there is a gender divide on law school faculties. Women work in inferior sex-segregated jobs and teach a disproportionate percentage of female-identified courses. More than 80% of law school deans are men. Men teach the more prestigious male-identified courses. Women suffer from differential expectations from colleagues and students and often bear the brunt of their colleagues' bullying behaviors at work. Using masculinities studies and other social science research to identify gendered structures, practices, and behaviors that harm women law professors, this article provides a theoretical framework to explain why women in the legal academy do not …
Toward Fundamental Change For The Protection Of Low-Wage Workers: The “Workers’ Rights Are Human Rights" Debate In The Obama Era, Ruben J. Garcia
Toward Fundamental Change For The Protection Of Low-Wage Workers: The “Workers’ Rights Are Human Rights" Debate In The Obama Era, Ruben J. Garcia
Scholarly Works
In order to avoid the pendulum swings of politics, advocates must argue for more fundamental norms for the protection of labor rights. Statutory protections, while important, will not provide long-lasting change toward establishing workers' rights as fundamental under constitutional and international law principles. Workers' rights must be seen as fundamental to the functioning of a democratic society, rather than as the special interest agenda of unions or plaintiffs' attorneys. This can be done through more advocacy for a minimum set of workers' rights as human rights, including the right to organize labor unions and the right to be free from …
Teaching Problem-Solving And Preventive Law Skills Through International Labour And Employment Law, Ruben J. Garcia
Teaching Problem-Solving And Preventive Law Skills Through International Labour And Employment Law, Ruben J. Garcia
Scholarly Works
This essay describes how problem-solving and preventive law principles apply in the teaching of international labor and employment law. This is because the subject itself crosses disciplinary and geographical boundaries. Students are taught about the importance of the lawyer's role as a counselor, rather than simply a litigator, which is at the center of the model of the lawyer as a problem solver.
Working Group On Chapter 2 Of The Proposed Restatement Of Employment Law: Employment Contracts: Termination, William Corbett, Matthew W. Finkin, Lea Vander Velde, Stephen F. Befort
Working Group On Chapter 2 Of The Proposed Restatement Of Employment Law: Employment Contracts: Termination, William Corbett, Matthew W. Finkin, Lea Vander Velde, Stephen F. Befort
Journal Articles
No abstract provided.
Labor Flexibility, Legal Reform And Economic Development, Alvaro Santos
Labor Flexibility, Legal Reform And Economic Development, Alvaro Santos
Georgetown Law Faculty Publications and Other Works
The current global financial crisis has provoked intense criticism of the regulatory framework for financial markets. Financial market flexibility, once considered the key to successful financial institutions and economic growth, has now come under intense scrutiny. In contrast, labor market flexibility is still promoted by scholars and international policymakers as an essential part of the recipe for economic development. This Article argues that the predominant understanding of labor flexibility is misguided and needs to be revised. To illustrate why, the Article undertakes a critical examination of labor flexibility as developed by a leading World Bank project, called “Doing Business.” It …
Awaking Rip Van Winkle: Has The National Labor Relations Act Reached A Turning Point?, William R. Corbett
Awaking Rip Van Winkle: Has The National Labor Relations Act Reached A Turning Point?, William R. Corbett
Nevada Law Journal
No abstract provided.
Is It The "Real Thing"? How Coke's One-Way Binding Arbitration May Bridge The Divide Between Litigation And Arbitration, Suzette M. Malveaux
Is It The "Real Thing"? How Coke's One-Way Binding Arbitration May Bridge The Divide Between Litigation And Arbitration, Suzette M. Malveaux
Publications
Although the scholarly literature is replete with discussion of the pros and cons of mandatory arbitration and civil litigation, relative to one another, there has been no examination of one-way binding arbitration as a potential bridge between these procedural poles. The goal of this article is to fill that void. One-way binding arbitration requires an employee to use arbitration to resolve workplace disputes, but also gives the employee, but not the employer, the option of rejecting the arbitrator’s decision. In the event the employee is not satisfied with the outcome of arbitration, she can still pursue her claim in court. …
Erisa: The Foundational Insufficiencies For Deferential Review In Employee Benefit Claims--Metropolitan Life Ins. Co. V. Glenn, Donald T. Bogan
Erisa: The Foundational Insufficiencies For Deferential Review In Employee Benefit Claims--Metropolitan Life Ins. Co. V. Glenn, Donald T. Bogan
Faculty Articles
No abstract provided.
President Obama Keeps Campaign Promise In Signing Fair Pay Act, Drawing Praise And Criticism, Sameena Mohammed
President Obama Keeps Campaign Promise In Signing Fair Pay Act, Drawing Praise And Criticism, Sameena Mohammed
Public Interest Law Reporter
No abstract provided.
Federal Extension Of Unemployment Compensation Is Signed Into Law: Impact On Growing Number Of Unemployed Americans, Angie Robertson
Federal Extension Of Unemployment Compensation Is Signed Into Law: Impact On Growing Number Of Unemployed Americans, Angie Robertson
Public Interest Law Reporter
No abstract provided.
Mandatory Use Of E-Verify By Federal Contractors: Benefits, Burdens, And Implications, Christina Mcmahon
Mandatory Use Of E-Verify By Federal Contractors: Benefits, Burdens, And Implications, Christina Mcmahon
Public Interest Law Reporter
No abstract provided.
Making The Cut: Jobs, Programs And Services For Individuals With Disabilities Eliminated By 2010 Budget In Illinois, Ellen Westley
Making The Cut: Jobs, Programs And Services For Individuals With Disabilities Eliminated By 2010 Budget In Illinois, Ellen Westley
Public Interest Law Reporter
No abstract provided.
How The New Economics Can Improve Employment Discrimination Law, And How Economics Can Survive The Demise Of The Rational Actor, Scott A. Moss, Peter H. Huang
How The New Economics Can Improve Employment Discrimination Law, And How Economics Can Survive The Demise Of The Rational Actor, Scott A. Moss, Peter H. Huang
Publications
Much employment discrimination law is premised on a purely money-focused "reasonable" employee, the sort who can be made whole with damages equal to lost wages, and who does not hesitate to challenge workplace discrimination. This type of "rational" actor populated older economic models but has been since modified by behavioral economics and research on happiness. Behavioral and traditional economists alike have analyzed broad employment policies, such as the wisdom of discrimination statutes, but the devil is in the details of employment law. On the critical damages-and-liability issues the Supreme Court and litigators face regularly, the law essentially ignores the lessons …
Exploring The Impact Of The Marriage Amendments: Can Public Employers Offer Domestic Partner Benefits To Their Gay And Lesbian Employees?, Tiffany C. Graham
Exploring The Impact Of The Marriage Amendments: Can Public Employers Offer Domestic Partner Benefits To Their Gay And Lesbian Employees?, Tiffany C. Graham
Scholarly Works
Over the course of the past decade, the question of same-sex marriage has been one of the most contentious issues affecting this country. Starting in 1998, forty-five states prohibited the creation or recognition of same-sex marriage, and thirty states solidified their positions through the passage of state constitutional amendments. Eighteen of these amendments extended their prohibitions even farther by refusing to create or recognize civil unions, domestic partnerships, or any other alternative to traditional marriage that was patterned after marriage. It is this last group of amendments that poses a potentially intractable problem: Is the language employed by these amendments …
The Next Generation Of Preemption Cases: State Regulation Of 401(K) Plans, Debra A. Davis
The Next Generation Of Preemption Cases: State Regulation Of 401(K) Plans, Debra A. Davis
Hofstra Labor & Employment Law Journal
It is not uncommon for state legislatures and the federal government to enact laws that involve similar issues. However, the Employee Retirement Income Security Act of 1974, as amended (ERISA) provides that state laws are preempted to the extent they relate to employee benefit plans. Since its enactment in 1974, most of the state laws that have been preempted focused on health matters. However, this is likely to change. With many of their constituents lacking adequate retirement benefits as well as the increased attention being placed on 401(k) plans, states are likely to start attempting to legislate in the area …