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Labor and Employment Law Commons™

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2013

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Institution
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Articles 361 - 373 of 373

Full-Text Articles in Labor and Employment Law

"So Closely Intertwined": Labor Interests And Racial Solidarity, Charlotte Garden, Nancy Leong Jan 2013

"So Closely Intertwined": Labor Interests And Racial Solidarity, Charlotte Garden, Nancy Leong

Faculty Articles

Conventional wisdom states that labor unions and people of color are adversaries. Commentators, academics, politicians, and employers across a broad range of ideologies view the two groups’ interests as fundamentally opposed and their relationship as rightfully fraught with tension. Like much conventional wisdom, the narrative that unions and people of color are rivals is flawed. In reality, labor unions and civil rights groups work together to advance a wide array of mutual interests; this work ranges from lobbying all levels of government to protesting working conditions across the country. Moreover, unions improve the lives of both members and non-members of …

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Cheaper Than A Slave: Indentured Labor, Colonialism And Capitalism, Tayyab Mahmud Jan 2013

Cheaper Than A Slave: Indentured Labor, Colonialism And Capitalism, Tayyab Mahmud

Faculty Articles

The construct of free wage-labor, envisaged as consensual sale of labor-power by an autonomous and unencumbered individual in a market of juridical equals governed strictly by economic laws of supply and demand, is the bedrock of the purportedly universal category of labor under capitalism. However, this conceptual ensemble is an instance, yet again, of a particular masquerading as the universal – Europe’s autobiography passing for world history. It also underscores the divergence between mythologies and historical operations of capitalism. This article takes up the deployment of indentured labor from colonial India in plantation colonies across the globe for over a …

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Employment Law And Social Equality, Samuel R. Bagenstos Jan 2013

Employment Law And Social Equality, Samuel R. Bagenstos

Michigan Law Review

What is the normative justification for individual employment law? For a number of legal scholars, the answer is economic efficiency. Other scholars argue, to the contrary, that employment law protects against (vaguely defined) imbalances of bargaining power and exploitation. Against both of these positions, this Article argues that individual employment law is best understood as advancing a particular conception of equality. That conception, which many legal and political theorists have called social equality, focuses on eliminating hierarchies of social status. This Article argues that individual employment law, like employment discrimination law, is justified as preventing employers from contributing to or …

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A Changing Federal-State Balance In Unemployment Insurance?, Christopher J. O'Leary Jan 2013

A Changing Federal-State Balance In Unemployment Insurance?, Christopher J. O'Leary

Employment Research Newsletter

No abstract provided.

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The Looking-Glass Ceiling: Appearance-Based Discrimination In The Workplace, Enbar Toledano Jan 2013

The Looking-Glass Ceiling: Appearance-Based Discrimination In The Workplace, Enbar Toledano

Cardozo Journal of Equal Rights & Social Justice

The article examines the phenomenon of appearance-based discrimination, or "lookism," in the workplace, arguing that while physically attractive individuals often receive preferential treatment, the legal system is ill-equipped to address this form of discrimination effectively. It highlights the "what is beautiful is good" stereotype, which perpetuates advantages for attractive individuals in employment, but concludes that legal intervention is not a viable solution due to the subjective and multifaceted nature of attractiveness.

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Role-Modeling: How The Americans With Disabilities Act Blocks Bmi-Based Hiring Bans In The United States, Sarah Budow Jan 2013

Role-Modeling: How The Americans With Disabilities Act Blocks Bmi-Based Hiring Bans In The United States, Sarah Budow

Cardozo Journal of Equal Rights & Social Justice

The global fashion industry's use of extremely thin models contributes to eating disorders by promoting unattainable beauty standards. In response, some countries have implemented laws restricting underweight models, such as Israel's 2012 law requiring a BMI of 18.5 or higher and mandating warnings for altered images. However, similar measures in the U.S. face legal challenges under the ADA, which prohibits employment discrimination based on disabilities, including eating disorders. The ADA's strict standards for defining disabilities and requiring individualized assessments make BMI-based bans difficult to enforce. While some U.S. states have taken steps like banning airbrushing or protecting underage models, broader …

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Competition Policy And The Great Depression: Lessons Learned And A New Way Forward, Alan J. Meese Jan 2013

Competition Policy And The Great Depression: Lessons Learned And A New Way Forward, Alan J. Meese

Faculty Publications

The recent Great Recession has shaken the nation’s faith in free markets and inspired various forms of actual or proposed regulatory intervention displacing free competition. Proponents of such intervention often claim that such interference with free-market outcomes will help foster economic recovery and thus macroeconomic stability by, for instance, enhancing the “purchasing power” of workers or reducing consumer prices. Such arguments for increased economic centralization echo those made during the Great Depression, when proponents of regulatory intervention claimed that such interference with economic liberty and free competition, including suspension of the antitrust laws, was necessary to foster economic recovery. Indeed, …

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Decoding Civility, Kerri Lynn Stone Jan 2013

Decoding Civility, Kerri Lynn Stone

Faculty Publications

If women outnumber men in graduate schools and are entering professional and other workplaces in unprecedented numbers, and if Title VII has aimed to eradicate workplace discrimination for almost fifty years, why are women still so woefully underrepresented at the highest levels of power, leadership, wealth, and prestige in the contemporary workplace? This Article is about abusive speech in the workplace. It explores how the expression of bias in the workplace has evolved and been shaped by anti-discrimination legislation and jurisprudence. It identifies a category of biased speech that eludes prosecution under Title VII. Moreover, this Article seeks to provide …

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Incorporating Rights: Empire, Global Enterprise, And Global Justice, Erika George Jan 2013

Incorporating Rights: Empire, Global Enterprise, And Global Justice, Erika George

Faculty Scholarship

This Article traces the history and evolution of corporate responsibility under international law to contextualize the developing discourse on business and human rights. It explores the role of private industry in contributing to colonial expansion, slavery, and conflict, and examines the advocacy efforts of abolitionists, anti-imperialism activists, and peace movements to craft reforms and create norms to control corporate conduct. First, the Article outlines the challenge that regulating private commercial power presents for a system of public international law premised on the sovereign power of states. Then, using the example of colonial era European charter companies the Article offers a …

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Floor To Ceiling: How Setbacks And Challenges To The Anti-Bullying Movement Pose Challenges To Employers Who Wish To Ban Bullying, Kerri Lynn Stone Jan 2013

Floor To Ceiling: How Setbacks And Challenges To The Anti-Bullying Movement Pose Challenges To Employers Who Wish To Ban Bullying, Kerri Lynn Stone

Faculty Publications

No abstract provided.

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Teaching The Post-Sex Generation, Kerri Lynn Stone Jan 2013

Teaching The Post-Sex Generation, Kerri Lynn Stone

Faculty Publications

There is a trend that I have observed in the course of leading my classes in discussions about the kinds of behavior that may constitute unlawful discrimination: the emergence of an attitude among students that society is simply “post-sex,” or no longer in need of most or all anti-sex discrimination jurisprudence. This Article details my own approach to teaching and to raising and conducting discussions about how anti-discrimination legislation and jurisprudence works in theory, in practice, and how it would/could work in an ideal world. I enjoy teaching students with a diversity of viewpoints. However, when I began to encounter …

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Collective Representation Of Workers In The United States: Evolution Of Legal Regimes Concerning Collective Autonomy And Freedom Of Association, Barbara J. Fick Jan 2013

Collective Representation Of Workers In The United States: Evolution Of Legal Regimes Concerning Collective Autonomy And Freedom Of Association, Barbara J. Fick

Journal Articles

The United States Constitution does not directly address the collective representation of workers. The First Amendment right to freedom of association has, however, been interpreted to protect the right of individuals to form and join trade unions. This Article discusses the evolution of legal regimes concerning collective autonomy and freedom of association within the United States.

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Conflicting Obligations: American Political Culture And The Law Of The Workplace, Reuel E. Schiller Jan 2013

Conflicting Obligations: American Political Culture And The Law Of The Workplace, Reuel E. Schiller

Faculty Scholarship

No abstract provided.

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