Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (82)
- Law and Gender (32)
- Constitutional Law (28)
- Comparative and Foreign Law (24)
- Disability Law (22)
-
- International Law (21)
- Dispute Resolution and Arbitration (15)
- Entertainment, Arts, and Sports Law (15)
- European Law (14)
- First Amendment (14)
- Legislation (14)
- Human Rights Law (13)
- Social and Behavioral Sciences (13)
- Administrative Law (12)
- Civil Law (12)
- Immigration Law (11)
- Torts (11)
- Business Organizations Law (10)
- Courts (10)
- Education Law (10)
- Law and Society (10)
- Business (9)
- Contracts (9)
- Health Law and Policy (9)
- Privacy Law (9)
- Internet Law (8)
- Law and Economics (8)
- Supreme Court of the United States (8)
- Institution
-
- University of Georgia School of Law (34)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (27)
- Maurice A. Deane School of Law at Hofstra University (13)
- Touro University Jacob D. Fuchsberg Law Center (12)
- Chicago-Kent College of Law (10)
-
- University of Michigan Law School (10)
- William & Mary Law School (10)
- Yeshiva University, Cardozo School of Law (10)
- Pepperdine University (8)
- UIC School of Law (8)
- Osgoode Hall Law School of York University (6)
- University of Colorado Law School (6)
- Mercer University School of Law (5)
- University of Kentucky (5)
- University of Maryland Francis King Carey School of Law (5)
- University of Washington School of Law (5)
- Western New England University (5)
- Duke Law (4)
- Maurer School of Law: Indiana University (4)
- Notre Dame Law School (4)
- Seattle University School of Law (4)
- University of Cincinnati College of Law (4)
- University of Massachusetts Boston (4)
- University of Miami Law School (4)
- Cleveland State University (3)
- Columbia Law School (3)
- Eastern Illinois University (3)
- Loyola University Chicago, School of Law (3)
- Pace University (3)
- Saint Louis University School of Law (3)
- Keyword
-
- Title VII (35)
- Employment discrimination (31)
- Discrimination (18)
- Collective bargaining (14)
- EEOC (12)
-
- Civil Rights Act (9)
- Employment (9)
- Unions (9)
- Employees (8)
- Employment law (8)
- Labor and Employment (8)
- Sex discrimination (8)
- ADA (7)
- Employers (7)
- Equal Employment Opportunity Commission (7)
- Fair Labor Standards Act (7)
- Porter works (7)
- Retaliation (7)
- Supreme Court (7)
- Disabilities (6)
- FLSA (6)
- First amendment (6)
- Gender discrimination (6)
- Labor (6)
- Labor unions (6)
- ADEA (5)
- Age Discrimination in Employment Act (5)
- Americans with Disabilities Act (5)
- Arbitration (5)
- Civil Rights Act of 1964 (5)
- Publication
-
- Georgia Journal of International & Comparative Law (32)
- Nevada Law Journal (20)
- Faculty Scholarship (16)
- Hofstra Labor & Employment Law Journal (13)
- Touro Law Review (11)
-
- Articles (9)
- Faculty Publications (9)
- Chicago-Kent Law Review (6)
- Law Faculty Scholarship (5)
- Mercer Law Review (5)
- Publications (5)
- Cardozo Journal of Equal Rights & Social Justice (4)
- Faculty Articles and Other Publications (4)
- Journal Articles (4)
- Scholarly Works (4)
- The Illinois Public Employee Relations Report (4)
- All Faculty Scholarship (3)
- All Institute for Community Inclusion Publications (3)
- Catholic University Law Review (3)
- Faculty Articles (3)
- Journal of Collective Bargaining in the Academy (3)
- Journal of Dispute Resolution (3)
- Law Faculty Publications (3)
- Law Faculty Scholarly Articles (3)
- Pepperdine Law Review (3)
- UIC John Marshall Journal of Information Technology & Privacy Law (3)
- University of Michigan Journal of Law Reform (3)
- All Papers (2)
- Articles & Book Chapters (2)
- Cardozo Arts & Entertainment Law Journal (2)
- Publication Type
Articles 211 - 240 of 301
Full-Text Articles in Labor and Employment Law
Employee Internet Privacy: A Proposed Act That Balances Legitimate Employer Rights And Employee Privacy, Susan Park
Employee Internet Privacy: A Proposed Act That Balances Legitimate Employer Rights And Employee Privacy, Susan Park
Management Faculty Publications and Presentations
When Justin Basset interviewed for a job in New York City in 2012, he expected to respond to questions one is typically asked in a job interview. However, his interview took a modern technological twist when the interviewer opened her computer and attempted to look at Mr. Basset’s Facebook profile on her computer. Unable to see the details of his profile because he had taken advantage of Facebook’s privacy options to limit public viewing, she asked for his login information to access his account. He declined and withdrew his application.1 In 2010, Robert Collins, a Maryland Department of Public …
Narrowing The Gender Pay Gap By Providing Equal Opportunities: The Need For Tenured Female Professors In Higher Stem Institutions In An Effort To Recast Gender Norms, Claire R. Rollor
Student Articles and Papers
No abstract provided.
Title Vii’S Last Harrah: Can Discrimination Be Plausibly Pled?, Michael J. Zimmer
Title Vii’S Last Harrah: Can Discrimination Be Plausibly Pled?, Michael J. Zimmer
Faculty Publications & Other Works
No abstract provided.
Where Do We Go Now? The Uncertain Future For 29 U.S.C. § 1301(B)(1), Private Equity Funds, And Multiemployer Pension Plans After Sun Capita, Crighton T. Allen
Where Do We Go Now? The Uncertain Future For 29 U.S.C. § 1301(B)(1), Private Equity Funds, And Multiemployer Pension Plans After Sun Capita, Crighton T. Allen
Georgia Law Review
The United States faces a growing problem concerning corporate indebtedness to pension plans, specifically, multi-employer pension plans (MEPPs). MEPPs are group pension plans in which a number of employers join together to contribute to a fund benefitting all employees of the participating companies. If an employer seeks to withdraw from a MEPP by ceasing to contribute into it, the company faces a withdrawal penalty-its proportionate share of the plan's vested but unfunded benefits. The recent decision by the First Circuit in Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension Fund has the potential to greatly …
What Is Troubling About The Tortification Of Employment Discrimination Law?, William Corbett
What Is Troubling About The Tortification Of Employment Discrimination Law?, William Corbett
Journal Articles
No abstract provided.
Beyond Title Vii: Rethinking Race, Ex-Offender Status, And Employment Discrimination In The Information Age, Kimani Paul-Emile
Beyond Title Vii: Rethinking Race, Ex-Offender Status, And Employment Discrimination In The Information Age, Kimani Paul-Emile
Faculty Scholarship
More than sixty-five million people in the United States—more than one in four adults—have had some involvement with the criminal justice system that will appear on a criminal history report. A rapidly expanding, for-profit industry has developed to collect these records and compile them into electronic databases, offering employers an inexpensive and readily accessible means of screening prospective employees. Nine out of ten employers now inquire into the criminal history of job candidates, systematically denying individuals with a criminal record any opportunity to gain work experience or build their job qualifications. This is so despite the fact that many individuals …
Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew Parlow
Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew Parlow
Oklahoma Law Review
By most accounts, the National Basketball Players Association (NBPA)—the union representing the players in the NBA—conceded a significant amount of money and other contractual terms in the new ten year collective bargaining agreement (2011 Agreement) that ended the 2011 NBA lockout. Player concessions were predictable because the NBA’s economic structure desperately needed an overhaul. The magnitude of such concessions, however, was startling. The substantial changes in the division of basketball-related income, contract lengths and amounts, salary cap provisions, and revenue sharing rendered the NBA lockout—and the resulting 2011 Agreement—a near-complete victory for the owners. Several interpretations have been offered to …
The Ada Amendments Act Of 2008: Why The Qualified Individual Analysis Is The New Battleground For Employment Discrimination Suits, Andrew E. Henry
The Ada Amendments Act Of 2008: Why The Qualified Individual Analysis Is The New Battleground For Employment Discrimination Suits, Andrew E. Henry
Oklahoma Law Review
No abstract provided.
The Ideology Of Temporary Labour Migration In The Post-Global Era, Catherine Dauvergne, Sarah Marsden
The Ideology Of Temporary Labour Migration In The Post-Global Era, Catherine Dauvergne, Sarah Marsden
All Faculty Publications
In this chapter, we seek to explore the potential of new temporary labour migration programs to yield different outcomes than earlier guestworker programs in the 1980s and 1990s. By looking at key elements of temporary labour migration we assess the potential for an alternative trajectory for understanding and reframing the discussion in terms which are capable of responding in a more emancipatory way to the lived experiences of migrant workers. We have identified three concepts central to most analyses of temporary migration policies and programs: temporariness, the labour market, and rights. Our central contention is that these concepts function ideologically, …
League Of Ownership Of Teams, Conflicts Of Interest, And Personnel Exchanges, Lewis Kurlantzick
League Of Ownership Of Teams, Conflicts Of Interest, And Personnel Exchanges, Lewis Kurlantzick
Faculty Articles and Papers
No abstract provided.
Legislating Incentives For Attorney Representation In Civil Rights Litigation, Douglas M. Spencer, Sean Farhang
Legislating Incentives For Attorney Representation In Civil Rights Litigation, Douglas M. Spencer, Sean Farhang
Faculty Articles and Papers
Congress routinely relies on private lawsuits to enforce its mandates. In this article, we investigate whether, when it does so, the details of the legislation can importantly influence the extent to which the private bar is mobilized to carry out the prosecutorial function. Using an original and novel data set based on review of archived litigation documents for cases filed in the Northern and Eastern Districts of California over the two decades spanning 1981-2000, we examine the effects of the Civil Rights Act of 1991, which increased economic damages available to Title VII job discrimination plaintiffs, on their ability to …
Leave As An Accommodation: When Is Enough, Enough?, Stacy A. Hickox, Joseph M. Guzman
Leave As An Accommodation: When Is Enough, Enough?, Stacy A. Hickox, Joseph M. Guzman
Cleveland State Law Review
The right to reasonable accommodations under the Americans with Disabilities Act includes leave that will enable an employee with a disability to return to work rather than being discharged. This right may seem unreasonable for an employer needing employees to be at work to be productive, raising the question of when leave as an accommodation becomes unreasonable or imposes an undue hardship on an employer. In the absence of specific guidance from the Supreme Court, the circuit courts apply a variety of approaches, ranging from individualized analysis to determinations that any leave exceeding some number of weeks is unreasonable. In …
A Failure To Supervise: How The Bureaucracy And The Courts Abandoned Their Intended Roles Under Erisa, Lauren R. Roth
A Failure To Supervise: How The Bureaucracy And The Courts Abandoned Their Intended Roles Under Erisa, Lauren R. Roth
Scholarly Works
This Article addresses how courts failed to adequately supervise employers administering pension plans before ERISA. Relying on a number of different legal theories — from an initial theory that pensions were gratuities offered by employers to the recognition that pension promises could create contractual rights — the courts repeatedly found ways to allow employers to promise much and provide little to workers expecting retirement security. In Section III, this Article addresses how Congress failed to create an effective structure for strong bureaucratic enforcement and the bureaucratic agencies with enforcement responsibilities failed to fulfill those functions. Finally, in Section IV, this …
The Many Lanes Out Of Court: Privatization Of Employment Discrimination Disputes, Theresa M. Beiner
The Many Lanes Out Of Court: Privatization Of Employment Discrimination Disputes, Theresa M. Beiner
Law Faculty Scholarship
Despite employment gains made by women, older Americans, and racial and religious minorities, employment discrimination remains a persistent problem in the American workplace. Scholars have lamented that employment discrimination laws have not proven effective in eliminating the many vestiges of discrimination that still linger. Many scholars blame the lackluster enforcement of employment discrimination laws on the federal courts' inability to understand or theorize about the lingering aspects of discrimination based on race and sex that still pervade the modern workplace as well as judicial hostility to employment discrimination claims. Recent data suggest that this has led some employment discrimination claimants …
The Trouble With Torgerson: The Latest Effort To Summarily Adjudicate Employment Discrimination Cases, Theresa M. Beiner
The Trouble With Torgerson: The Latest Effort To Summarily Adjudicate Employment Discrimination Cases, Theresa M. Beiner
Law Faculty Scholarship
No abstract provided.
Theorizing Billable Hours, Theresa M. Beiner
Theorizing Billable Hours, Theresa M. Beiner
Law Faculty Scholarship
This article looks at the ethical and diversity implications of high billable hour requirements. While corporate counsel have increasingly demanded a diverse legal workforce and emphasized the need to lower the costs of outside counsel, law firms have not responded to these concerns in a manner that is producing results. Instead, women continue to drop out of law firm practice at higher rates than their male counterparts and the costs of legal services remain high. High billable hour requirements exacerbate both these problems and have implications as well for ethical lawyering. Using data from a variety of disciplines, the article …
How The Meaning Of Incorporation Over Time Lends Support For Corporate Free Exercise Rights, Emily C. Cook
How The Meaning Of Incorporation Over Time Lends Support For Corporate Free Exercise Rights, Emily C. Cook
Georgia Law Review
Incorporated churches, mosques, synagogues, and the like enjoy the same protection as individuals under the Free Exercise Clause of the First Amendment. What about corporationsthat strive to follow religiousprinciples while earning profits? Do these corporations possess free exercise rights? This question has surfaced in response to a provision in the Affordable Care Act requiring employment- based group health plans to provide health insurance coverage for certain FDA-approved contraceptive methods. Numerous for-profit corporations that adhere to religious faiths that consider these contraceptive methods sinful have challenged the ACA provision as an undue burden on their free exercise because it forces them …
Retaliation In An Eeo World, Deborah L. Brake
Retaliation In An Eeo World, Deborah L. Brake
Indiana Law Journal
This Article examines how the prevalence of internal policies and complaint procedures for addressing discrimination in the workplace are affecting legal protections from retaliation. Retaliation has been an unusually active field of law lately. The Supreme Court’s heightened interest in taking retaliation cases in recent years has highlighted the central importance of retaliation protections to the integrity of discrimination law. The Court’s string of plaintiff victories in retaliation cases has earned it the reputation as a pragmatic, pro-employee Court when it comes to retaliation law. However, this view does not account for the proliferation and influence of employer EEO policies …
Partnerships In Employment Brief: Engaging Families Of Youth With Intellectual Disabilities In Systems Change Efforts, Sean Roy
All Institute for Community Inclusion Publications
This brief will highlight the reasons why parents and families are essential partners in any systems change effort. It will describe the importance of the family’s perspective, and how their experiences should be used to shape policy recommendations. It will offer strategies on how to engage parents and families in systems change efforts, and how to promote family involvement to state-level partners.
Partnerships In Employment: Summary Of: Section 1915(C) Home And Community Based Services Waivers And Section 1915(I) State Plan Home And Community Based Services, Cady Landa, Thinkwork! At The Institute For Community Inclusion At Umass Boston
Partnerships In Employment: Summary Of: Section 1915(C) Home And Community Based Services Waivers And Section 1915(I) State Plan Home And Community Based Services, Cady Landa, Thinkwork! At The Institute For Community Inclusion At Umass Boston
All Institute for Community Inclusion Publications
This is a resource document prepared for a Community of Practice (COP) on using Medicaid funds as a resource to support individual integrated employment. The COP is hosted by the Partnerships in Employment Training and Technical Assistance Center for Partnerships in Employment grantees. The goal of the COP will be to provide opportunities to learn about the ways in which 1915(c) Home and Community Based Waivers and 1915(i) State Plan Home and Community Based Services have been used to support integrated employment in federal statue and in states with PIE grants.
Not My Job: Determining The Bounds Of Public Employee Protected Speech, Stephen Allred
Not My Job: Determining The Bounds Of Public Employee Protected Speech, Stephen Allred
Law Faculty Publications
This article reviews the Supreme Court’s rulings in public employee free speech cases, discusses the significant departure from precedent that Garcetti made to those cases, summarizes the Court’s most recent ruling in Lane, and argues that the Court should return to the broader standard the Court originally announced in Pickering.
Missing The Mark: How Fmla's Bonding Leave Fails Mothers, Rona Kaufman Kitchen
Missing The Mark: How Fmla's Bonding Leave Fails Mothers, Rona Kaufman Kitchen
Hofstra Labor & Employment Law Journal
In the two decades since it was adopted, the Family and Medical Leave Act (hereinafter “FMLA” or “the Act”) has been consistently criticized for its failure to achieve its stated goal of enabling workers “to balance the demands of the workplace with the needs of families.” Since it was signed into law in 1993, legal scholars and women’s rights groups, while applauding the accomplishments of the Act, have expressed their dissatisfaction with the status of family and medical leave law in the United States. It has been argued that the FMLA should be expanded to cover more workers, for more …
Finding A Fix For The Fmla: A New Perspective, A New Solution, Nicole Buonocore Porter
Finding A Fix For The Fmla: A New Perspective, A New Solution, Nicole Buonocore Porter
Hofstra Labor & Employment Law Journal
When the Family and Medical Leave Act was enacted in 1993, it was considered landmark legislation, as the first statute that contained an affirmative obligation on some employers to provide up to twelve weeks of unpaid leave for certain enumerated reasons, including for the birth or adoption of a baby, to care for a family member with a serious health condition, or because of the employee’s own serious health condition. Yet, despite the promise of the FMLA, many scholars argue that its faults outweigh its benefits. Critics complain about: the large percentage of the population not covered by the FMLA; …
Trying To Kill One Bird With Two Stones: The Use And Abuse Of Class Actions And Collective Actions In Employment Litigation, Thomas H. Barnard, Amanda T. Quan
Trying To Kill One Bird With Two Stones: The Use And Abuse Of Class Actions And Collective Actions In Employment Litigation, Thomas H. Barnard, Amanda T. Quan
Hofstra Labor & Employment Law Journal
No abstract provided.
Abortion & The Military: Limitations On Access For Servicewomen, Laura Ahern, Ivy Cherian
Abortion & The Military: Limitations On Access For Servicewomen, Laura Ahern, Ivy Cherian
Hofstra Labor & Employment Law Journal
No abstract provided.
Injecting Fault Into A No-Fault System: The Aggressor Defense In Work-Related Fight Cases, Melissa Lin Jones
Injecting Fault Into A No-Fault System: The Aggressor Defense In Work-Related Fight Cases, Melissa Lin Jones
Hofstra Labor & Employment Law Journal
No abstract provided.
A Cn Tower Over Qatar: An Analysis Of The Use Of Slave Labor In Preparation For The 2022 Fifa Men's World Cup And How The European Court Of Human Rights Can Stop It, Michael B. Engle
Hofstra Labor & Employment Law Journal
No abstract provided.
Condom Sense: Regulating And Reforming Performer Health & Safety In The Adult Film Industry, Chris Motyl
Condom Sense: Regulating And Reforming Performer Health & Safety In The Adult Film Industry, Chris Motyl
Hofstra Labor & Employment Law Journal
No abstract provided.
Procedural Predictability And The Employer As Litigator: The Supreme Court’S 2012-2013 Term, Scott R. Bauries
Procedural Predictability And The Employer As Litigator: The Supreme Court’S 2012-2013 Term, Scott R. Bauries
Law Faculty Scholarly Articles
In this contribution to the University of Louisville Law Review’s Annual Carl A. Warns Labor and Employment Institute issue, I examine the Supreme Court’s labor and employment-related decisions from the October Term 2012 (OT 2012). I argue that the Court’s decisions assisted employers as litigators—as repeat players in the employment dispute resolution system—in two ways. First, the Court established simple contract drafting strategies that employers may use to limit their exposure to employment claims. Second, the Court adopted bright-line interpretations of employment statutes. Both forms of assistance served a formalist interest in what I term “procedural predictability”—enhanced employer predictability and …
Hiding The Statute In Plain View: University Of Texas Southwestern Medical Center V. Nassar, Michael J. Zimmer
Hiding The Statute In Plain View: University Of Texas Southwestern Medical Center V. Nassar, Michael J. Zimmer
Faculty Publications & Other Works
No abstract provided.