Labor and Employment Law Commons^™

The Manpower Aspect In The Field Of Sports, Melania Kiswandari

Indonesia Law Review

As a result of enhanced professionalism and commercialization in the field of sports, it has become an industry of its own. Professionalism and industrialization are correlated; therefore sports actors’ performance achieved as a result of their professionalism lead to the commercialization, and even to the industrialization of certain (branches of) sports. On the other hand, it is considered that industrialization which involves the commercial aspect is able to maintain, and even enhance sports actors’ professionalism/performance. In practice, such correlation is not always directly proportional, but inversely proportional. There have been cases of issues related to sports actors’ welfare not being …

Applying Equitable Estoppel To Erisa Pension Benefit Claims, Adam S. Mcgonigle

William & Mary Law Review

No abstract provided.

Laboring Forward: The Future Of Labor Unions, Lisa Koenig

MBA Student Scholarship

Labor unions have played an important part in shaping the workforce as we know it since the passing of the National Labor Relations Act (NLRA) in 1935. However, whether they are still perceived as essential in today’s economy is still questioned as union favorability ratings have declined from 35% to 7% over a thirty year span. A survey questionnaire was distributed to a non-random sample (N = 50) to ascertain their attitudes and perceptions on labor unions. Sixty-seven percent of respondents believe that unions should be in every state with 60% of those in a non- Right to Work state …

Horizontal Rights And Chinese Constitutionalism: Judicialization Through Labor Disputes, Ernest Caldwell

Chicago-Kent Law Review

Western academics who criticize Chinese constitutionalism often focus on the inability of the Supreme People's Court to effectively enforce the rights of Chinese citizens enshrined within the Constitution of the People's Republic of China. Such criticism, I argue, is the result of analytical methods too invested in Anglo-American constitutional discourse. These approaches tend to focus only on those Chinese political issues that impede the institution of western-style judicial review mechanisms, and often construe a 'right' as merely having vertical effect (i.e., as individual rights held against the State). Drawing on recent scholarship that studies Chinese constitutionalism using its own categories …

Beyond The Courts, Beyond The State: Reflections On Caldwell's "Horizontal Rights And Chinese Constitutionalism", Victor V. Ramraj

Chicago-Kent Law Review

This article provides a critical response to Ernest Caldwell's article, Horizontal Rights and Chinese Constitutionalism: Judicialization through Labor Disputes. According to Caldwell, those looking for an emerging constitutional culture in China should be looking not in the higher courts (as the American paradigm of constitutional law suggests), but in the lower courts that settle day-to-day disputes. Moreover, the constitutional discourse in those lower courts is not about limiting state power, but about the need for "horizontal" protections of citizens—specifically laborers—from their powerful employers in furtherance of constitutional values. This article offers three responses to Caldwell's thesis. First, while acknowledging and …

'In A Settled Country, Everyone Must Eat': Four Questions About Transnational Private Regulation, Migration, And Migrant Work, Amar Bhatia

Articles & Book Chapters

This introduction speaks to one of the questions raised by transnational private regulation: is migration always transnational? One quick answer to this question might be ‘no’. If migration is concerned with the international movement of people, then what has been called the approach of methodological nationalism would force out the ‘trans-­‐’ and always substitute the international. Since methodological nationalism is an approach characterized by an overdue emphasis on states and their external borders as the sole arbiters for what registers as movement, then this answer would not surprise anyone. However, if we do not take a monopolistic approach to borders, …

Labor And Employment Law, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Ii, Alyssa Peters

Mercer Law Review

This Article surveys revisions to the Official Code of Georgia Annotated (O.C.G.A.) and decisions interpreting Georgia law from June 1, 2011 to May 31, 2012.

The Unity Of Constitutional Values: A Comment On Ernest Caldwell's "Horizontal Rights And Chinese Constitutionalism: Judicialization Through Labor Disputes", Arif A. Jamal

Chicago-Kent Law Review

Ernest Caldwell wants to defend Chinese constitutionalism from criticism, mainly from Western constitutional scholars or scholars who hold up Western constitutional patterns as an ideal. Caldwell makes both a 'comparative' claim and a 'value' claim. The comparative claim is that Chinese constitutional law must be understood on its own terms and that on these terms it does protect rights, even if it does not do so in the same way as Western constitutional law. The value claim is that the procedures in China's legal system satisfy value concerns captured in the term 'constitutionalism' because they show how that system respects …

Can Damages Be Too Damaging Examining Mason County And Its Progeny, Amber Marie Moore

West Virginia Law Review

No abstract provided.

Community For Creative Non-Violence V. Reid: New Certainty For The Copyright Work For Hire Doctrine , Katherine B. Marik

Pepperdine Law Review

No abstract provided.

University Of Pennsylvania V. Eeoc: The Denial Of An Academic Freedom Privilege, Don Mark North

Pepperdine Law Review

No abstract provided.

Public-Sector Unions, Public Employees: May You Live In Interesting Times, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

Clicking Away Confidentiality: Workplace Waiver Of Attorney-Client Privilege, Adam C. Losey

Florida Law Review

In workplace waiver cases, a schism is quietly developing. Some courts are discreetly (and perhaps inadvertently) abandoning the traditionally accepted narrow interpretation of attorney-client privilege in favor of a broad protective approach on public policy grounds. Others continue to adhere to traditional doctrine. A clash between these two schools of thought may be inevitable. The universal application of a rebuttable presumption that an employee has waived attorney-client privilege could avert a direct collision between these two schools of thought and establish a semblance of predictability in workplace waiver cases.

Part II points out the growing and unspoken abandonment of traditional …

Harmless Amusement Or Sexual Harassment: The Reasonableness Of The Reasonable Woman Standard, Penny L. Cigoy

Pepperdine Law Review

No abstract provided.

Health Care Providers Meet Erisa: Are Provider Claims For Misrepresentation Of Coverage Preempted, Jeffrey A. Brauch

Pepperdine Law Review

No abstract provided.

Sexual Harassment Of Employees By Non-Employees: When Does The Employer Become Liable?, Robert J. Aalberts, Lorne H. Seidman

Pepperdine Law Review

No abstract provided.

The Dismantling Of Mcdonnell Douglas V. Green: The High Court Muddies The Evidentiary Waters In Circumstantial Discrimination Cases, Melissa A. Essary

Pepperdine Law Review

No abstract provided.

Contracting Employment Disputes Out Of The Jury System: An Analysis Of The Implementation Of Binding Arbitration In The Non-Union Workplace And Proposals To Reduce The Harsh Effects Of A Non-Appealable Award, Michele M. Buse

Pepperdine Law Review

No abstract provided.

Reopening A Warn Issue: A Two-Step Approach To Determining An Employer's Obligation To Recognize A Union When It Reopens A Plant , David M. Lester

Pepperdine Law Review

No abstract provided.

The After-Acquired Evidence Doctrine: A Dubious Defense In Employment Discrimination Cases, Kenneth R. Davis

Pepperdine Law Review

No abstract provided.

The Arbitration Fairness Act: It Need Not And Should Not Be An All Or Nothing Proposition, Martin H. Malin

All Faculty Scholarship

The proposed Arbitration Fairness Act (AFA) would prohibit all pre-dispute agreements to arbitrate in employment, consumer and franchise contracts. Although changes in the ideological composition of Congress mean that the AFA has little chance of enactment in the foreseeable future, mini-AFAs have been enacted banning pre-dispute arbitration agreements as applied to sexual harassment claims by employees of defense contractors and whistleblower claims by employees in the securities and commodities industries. This article charts a middle ground between those who would ban pre-dispute arbitration mandates in employment contracts completely and those who would leave them unregulated. After surveying the empirical evidence …

Mobility Measures, Naomi Schoenbaum

BYU Law Review

Geographic mobility is a celebrated feature of American life. Deciding where to live is seen not only as a key personal freedom, but also a means of economic advancement. Millions of Americans move each year over great distances. But while this right to travel is safeguarded by the Constitution, these mobility decisions are not entirely free. In terms of the decision to move long distances, employment and family reasons are central, and a regime of employment and family law “mobility measures” play a significant role in regulating why and how we move. This Article first sets forth this new framework …

Reasonable Men?, Ann C. Mcginley

Scholarly Works

After the Supreme Court recognized sexual harassment as a form of sex discrimination under Title VII, lower courts used the reasonable person standard to measure whether the behavior was sufficiently severe or pervasive to constitute a hostile working environment. Cultural and radical feminists objected to the reasonable person measure, and many supported a reasonable woman standard, which the Ninth Circuit adopted. Because of its tendency to essentialize how women would react, many feminists soon abandoned their support for the standard. A number of circuits, however, continue to use the reasonable woman or reasonable victim standards.

Most of the scholarship concerning …

Labor And Employment Law, Eric Wallace

Law Student Publications

During the past two years, there have been several significant developments in labor and employment law, both on the state and federal levels. Because developments in both state and federal law likely will have a profound impact on employers and employees throughout Virginia, they warrant significant discussion in this survey. In addition to examining notable decisions from the Supreme Court of the United States, the United States Court of Appeals for the Fourth Circuit, and the United States District Courts for the Eastern District and Western District of Virginia, this survey also discusses decisions of the Supreme Court of Virginia …

Labor And Employment Law, Vijay K. Mago, Elizabeth E. Clarke, Eric Wallace

University of Richmond Law Review

No abstract provided.

Teacher Unions, The Right To Work, And Fair Share Agreements, Charles J. Russo, C. Daniel Raisch

Educational Leadership Faculty Publications

The status of collective bargaining in public education is in flux. As a result of a movement that began in the early 1960s, more than 30 states now have laws that allow teachers and other public school employees to form unions in order to bargain collectively with their school boards over the terms and conditions of their employment.

Further, three jurisdictions prohibit public-sector unions, and in an overlapping tapestry, 23 states—most recently Indiana— have enacted right-to-work laws that bar contracts that require workers to join unions as a condition of employment.

Aware that unions derive their operating revenues from member …

Non-Competition Agreements In Virginia In The Aftermath Of Home Paramount Pest Control V. Shaffer, Kevin E. Martingayle

University of Richmond Law Review

No abstract provided.

Customizing Employment Arbitration, Randall Thomas, Kenneth J. Martin, Erin O'Hara O'Connor

Vanderbilt Law School Faculty Publications

According to the dispute resolution literature, one advantage of arbitration over litigation is that arbitration enables the parties to customize their dispute resolution procedures. For example, parties can choose the qualifications of the arbitrator(s), the governing procedural rules, the limitation period, recoverable damages, rules for discovery and the presentation of evidence and witnesses, and the specificity of required arbitrator findings. While other scholars have questioned whether parties to arbitration agreements frequently take advantage of this customization, there is little solid empirical information about the topic. In this article, we study the arbitration clauses found in a random sample of 910 …

From Handbills To Proposed Bills: Suggestions For Regulating The Law Vegas "Strip" Tease, Brian D. Blakley

BYU Law Review

No abstract provided.

Expanding The Hostile Environment Theory To Cover Age Discrimination: How Far Is Too Far?, Julie Vigil

Pepperdine Law Review

No abstract provided.