Labor and Employment Law Commons^™

This Is Not A Game: The Addictive Allure Of Digital Companions, Nizan Geslevich Packin, Karni Chagal-Feferkorn

Seattle University Law Review

Artificial Intelligence (AI) agents have become an inescapable part of modern childhood, reshaping education, leisure activities, entertainment, and social interaction. From AI-powered tutors that adapt to individual learning styles to emotionally responsive chatbots that simulate human companionship, these systems promise unprecedented personalization, cognitive stimulation, and social support. However, these benefits mask significant risks that remain unregulated and inadequately addressed.

Although adults are also susceptible to forming deep emotional bonds with AI companions—often trusting them as if they possessed genuine understanding and empathy—children are particularly vulnerable. Their misplaced trust can more severely distort social development, weaken critical thinking, and foster unhealthy …

The Sexual Harassment Silo, Deborah Widiss

Articles by Maurer Faculty

The #MeToo movement exposed the pervasiveness of sexual harassment in employment and made clear that legal remedies were sorely lacking. Federal and state lawmakers responded by passing laws broadening access to court and enhancing remedies; requiring training, policies, and data collection; and modifying substantive harassment law, most commonly by rejecting the requirement that victims prove they were subject to “severe or pervasive” conduct. Although some of these reforms apply to harassment or discrimination on the basis of any protected trait, many create special rights for victims of sexual harassment. Collectively these laws establish what I term “the sexual harassment silo.” …

Eating What They Kill: The Stark Reality Of Athlete Compensation In Mixed Martial Arts And Potential Solutions, Christopher Piel

Arkansas Law Review

“They eat what they kill.” Dana White, President of the Ultimate Fighting Championship (“UFC”) said this about the state of fighter pay in the organization. White, the voice of the company, holds firm that fighters are adequately compensated for their services. The reality is that UFC fighters are not paid what they deserve, and, one way or another, there are big changes coming to the organization and the sport of Mixed Martial Arts (“MMA”) as a whole. In this Comment, I will discuss how the UFC has used its market power to suppress fighters’ wages and subject fighters to inequitable …

The Right To "Health Care Freedom" In State Constitutions, Quinn Yeargain

UMKC Law Review

No abstract provided.

Jewish Lawyers And The Labor Movement, Catherine L. Fisk

Fordham Law Review

No abstract provided.

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.

Navigating Job Security In Turbulent Times: Challenges In The Entertainment, Airline, And Auto Industries, Joshua M. Javits

Hofstra Labor & Employment Law Journal

No abstract provided.

Love And Hate In University Technology Commercialization Proposed Revision To The Bayh-Dole Act, Clovia Hamilton, David Schuman

Hofstra Labor & Employment Law Journal

To a large extent, the university technology transfer (hereinafter the "TTO") success depends on harmonious relationships between technology transfer staff and contributing faculty. While this state is ideal, regretfully, it is not typical. We describe sixty-two legal battles between academic inventors and their universities. We also identify the stressors caused by perceived threats to the TTO staff and faculty researchers, which result in felt job insecurity. We then developed a concept model which depicts these perceived threats and how they contribute to positive functional technology transfer performance or negative dysfunctional performance. We propose that any lack of communication, social exchanges, …

Hi-Ho, Off To Work Asylees Must Go: New York's Need To Facilitate Migrant Work Permits, Claire S. Campuzano

Hofstra Labor & Employment Law Journal

No abstract provided.

Reasonable Cause For Fixing The Eeoc: How Changes In The Alternative Dispute Resolution Methods Can Help The Commission Fulfill Its Purpose, Nicholas Constantinidis

Hofstra Labor & Employment Law Journal

No abstract provided.

Drag Me To Work: Legislative Discrimination In Drag Queen Employment, Michael Russo

Hofstra Labor & Employment Law Journal

No abstract provided.

A Chilling Decision For School Bus Drivers: A Survey Of Rose Tree Media School District V. Unemployment Compensation Board Of Review, Curtis J. Tokach

Widener Commonwealth Law Review

“To what end are these to be the means?” This question, famously posed to Danish astronomer Tycho Brahe, has since been pondered by philosophers, scholars, lawyers, judges, and the like. Why is it that we choose to do the things we do? What result do we seek to achieve through our work? This overarching question is helpful to keep in mind throughout the reading of this publication.

New Findings Of "Good Cause" In Unemployment Compensation Claims: Brown Vs. Unemployment Compensation Board Of Review, Danielle M. Holliday

Widener Commonwealth Law Review

The payment of unemployment compensation benefits seeks to provide partial and temporary wages to employees who have become involuntarily unemployed “through no fault of their own.” However, this is not without limitation. In Pennsylvania, a former employee may be barred from receiving unemployment compensation if the unemployment is “due to his [or her] discharge . . . from work for willful misconduct connected with his [or her] work.” Although the legislature has provided the over-arching rule for when unemployment compensation benefits may not be provided, the determination of whether an act constitutes willful misconduct is a question of law to …

Locational Data And The Public Interest, William A. Herbert, Micahel Goodchild, Richard Appelbaum, Jeremy Crampton, Gary Langham, Krzysztof Janowicz, Mei-Po Kwan, Katina Michael, Lisa Schamess

Publications and Research

This article presents a paper developed by the AAG Organizing Committee on Locational Information and the Public Interest through a summit held in Santa Barbara, California in June 2022. The summit resulted in goals and ideas for addressing the issues that arise from the present environment for geodata, whereby public, private, and third-sector entities can tap into publicly available locational information with relatively little regulation on its access or use. The Committee articulates four goals: (1) develop a research agenda extending across disciplines, (2) outline educational resources and strategies to guide ethical practice, (3) devise a pathway to increase public …

Delivery Drivers Deserve The Whole Package: Package Delivery Drivers And The Transportation Worker Exemption Of The Federal Arbitration Act, Evan Kelly

Catholic University Law Review

Package delivery is a ubiquitous part of modern American life, and package delivery driving is a fast-growing occupation in the United States. These drivers work long hours in a fast-paced, highly regimented environment, and because of arbitration agreements they are made to sign, they often cannot go to court to settle disputes with their employers. Under the Federal Arbitration Act (FAA), these arbitration agreements are generally “valid, irrevocable, and enforceable.” However, the FAA includes an exemption (known as the “Transportation Worker exemption”) that excludes arbitration agreements in “contracts of employment for seamen, railroad employees, or any other class of worker …

Gender Inequality And Productivity Impact In Egypt, Hammad Elsaid Omar

The Undergraduate Research Journal

This study examines the relationship between gender inequality in Egypt's workforce and productivity across various sectors. Utilizing a comparative research design, the analysis employs quantitative data from sources such as the World Bank and the International Labor Organization. Key indicators of gender inequality—including the gender pay gap, the percentage of women in managerial positions, and female labor force participation rates—are correlated with productivity metrics like GDP per capita and productivity per employee (Figure 3). Findings reveal a strong negative correlation between the gender pay gap and productivity, with sectors exhibiting smaller pay disparities achieving higher productivity levels. Regression analysis indicates …

February 5, 2025 — Letter To The House Ways And Means Committee On Tax, American Dental Association

Advocacy in Action letters

No abstract provided.

Neurotechnology Works Its Way Forward, Jeremy Ben Merkelson, Wendy Kearns, David Rice, Elyse Sparks

Seattle University Law Review Online

Neurotechnology is an emerging and rapidly advancing field of technology used to collect, process, and analyze brain or nervous system activity. The market is expected to reach $21 billion by 2026.

In a previous article, published in October 2023, we explored the potential of neurotechnology applications in the workplace, like electroencephalogram (EEG) headbands that monitor fatigue and boost safety, software and EEG combination technologies that creates a shortcut to the human brain and optimizes complex decision-making, and earbuds that track focus and stress.

We have continued to study and speak about these issues in various forums, and meanwhile, technology and …

How Tom Brady Saved Baseball: A New Understanding Of Union Decertification In Professional Sports Lockouts, Alec Whipple

William & Mary Business Law Review

Labor negotiations in professional sports have always been held at the crossroads of labor law and antitrust law. Players are bound by collective bargaining agreements that are governed by labor law but must negotiate these agreements with multi-owner collectives that typically engage in anti-competitive conduct: namely, locking out players during labor disputes. Furthermore, the non-statutory labor exemption has prevented players from using antitrust remedies to combat these employer actions. Players’ unions have fought back against owners in recent years by pursuing the unorthodox counter-strategy of formally decertifying as a union in order to file antitrust litigation. However, the 2011 ruling …

Canada's Open Work Permit For H-1b Visa Holders: Canadian Opportunism And A Broken American System, Mark Wilson

William & Mary Business Law Review

A new Canadian working permit has been created by the Trudeau government to the detriment of American business and macroeconomic prospects. In the context of labor shortages and a quickly changing American workplace, this Note will forward the findings of governments as well as legal and economic scholars on the benefits of skilled immigrant participation in the American economy. Five options for an American response to this Canadian permit (and for reform to American employment-based immigration generally) will then be presented.

Workplace Dignity, Joseph A. Seiner

William & Mary Law Review

There is a fundamental lack of respect for workers and work. The evisceration of the dignity of work has infected all industries. Anecdotally, workers have been forced to urinate in bottles. Employees have been killed while working through a tornado. A well-known employer allegedly subjected women to jokes of “sex, defecation, masturbation, rape, and torture.” Empirically, studies demonstrate the persistence of gender harassment in employment, the mistreatment of workers with long COVID, and a wide range of child labor and safety violations. No group is immune from the abuse that has been devastating to minority workers and vulnerable populations.

This …

This Is An Intervention: The Role Of Federal Courts In Suppressing Non-Compete Agreements, Anya Y. Karaman

William & Mary Law Review

Part I of this Note will provide background information on noncompete agreements, focusing primarily on those executed in conjunction with employment. Part I will also provide background on the FTC’s rule and the preliminary injunction analysis. Part II will explore how different jurisdictions treat the public interest factor when analyzing whether to enforce a non-compete. Part III will examine how the FTC’s rule has already impacted the public interest analysis in court. Finally, Part IV will address potential challenges to this proposal and argue why federal courts—as opposed to state legislatures, for example—are in the best position to protect workers …

Integrating The Workforce: A Proposed Expansion Of The Lane V. Kitzhaber Rule, Dean Farmer

Michigan Law Review

Sheltered workshops are workplaces that employ, and may legally pay subminimum wages to, individuals with disabilities. Though these workshops have historically been a large part of disability employment services in the United States, many policymakers have advocated for a shift from sheltered workshops to integrated disability employment services, in which individuals with disabilities work alongside other workers for an equal wage that meets or exceeds the minimum wage. In Lane v. Kitzhaber, the U.S. District Court for the District of Oregon applied Title II of the Americans with Disabilities Act (ADA) to sheltered workshop programs, holding that states must …

P*Law 2025: The Future Of The National Labor Relations Act Under Trump, Center For Public Service Law, Trader Joe's United, Julien, Mirer, Singla & Goldstein, Pllc, Working People’S Law Center

2024–2025 Flyers

A P*LAW 2025 panel on the future of the National Labor Relations Act under Trump, moderated by Jordan Pollack ’27, featuring attorneys from Goldstein & Singla PLLC and worker-organizers from Trader Joe’s United.

P*Law 2025, Center For Public Service Law

2024–2025 Flyers

This document outlines the full schedule for Cardozo Law School’s 2025 P*LAW Week, hosted by the Center for Public Service Law. Held from January 27 to January 30, the week featured a variety of panels, workshops, and student-led presentations on topics such as reproductive justice, housing, LGBTQ+ immigration, international human rights, labor law, and social justice. Events included guest speakers from leading advocacy organizations, mock interviews, and internship prep sessions, all designed to engage students in public interest law and foster professional development.

The Healing Power Of Antitrust, Theodosia Stavroulaki

Northwestern University Law Review

Millions of Americans live in hospital deserts—communities where people lack geographic access to hospitals and primary care physicians. People living in these deserts often miss doctor appointments, delay necessary care, and stop adhering to their treatment. In this way, hospital deserts exacerbate the health disparities plaguing America. This Article demonstrates that hospital deserts are not inevitable but the result of several business strategies—including noncompete agreements and merging with competitors—and antitrust enforcers’ unwillingness to recognize these harmful practices as antitrust violations. To cure the issue of hospital deserts, this Article makes three proposals. First, antitrust enforcers and the courts should expand …

Do Ais Dream Of Electric Boards?, Robert J. Rhee

Northwestern University Law Review

When artificial intelligence (AI) acquires self-awareness, agency, and unique intelligence, it will attain ontological personhood. Management of firms by AI would be technologically and economically feasible. The law could confer upon AI the status of legal personhood, as it did upon traditional business firms in the past, thus dispensing with the need for inserting AI as property within the legal boundary of a firm. As a separate and distinct entity, AI could function independently as a manager in the way that legal or natural persons do today: i.e., AI as director, officer, partner, member, or manager. Such a future is …

Growing Awareness To Reduce Labor Abuse: An Experimental Test Of A Migrant Domestic Workers' Rights-Awareness Campaign, Margaret Boittin, Cecilia Hyunjung Mo, Biz Herman, Sarah Rich-Zendel, Soosun You

All Papers

Migrant domestic workers (MDWs) are highly vulnerable to labor abuse. Using a survey and randomized controlled trial conducted in Hong Kong, this study investigates MDWs’ labor experiences and the potential of rights-awareness campaigns in mitigating labor abuse. The campaigns increased public awareness of MDWs’ rights and reduced the social acceptability of MDWs’ mistreatment. To the extent that improving knowledge about MDWs’ rights and decreasing acceptance of mistreatment affects the behaviors of employers and others who may have leverage to help MDWs, rights-awareness campaigns can help reduce labor abuse. However, the campaigns had limited impact on MDWs themselves, who demonstrated high …

Labor And Environment Entwined: A Radical Green New Deal And Just Transition In Applachia, Anne Marie Lofaso, Nicholas F. Stump

Faculty Articles and Other Publications

In this Article, Professor Lofaso and Professor Stump propose a genuinely transformative Green New Deal and Just Transition in Appalachia. The Article opens by tracing the long history of the Appalachian labor and environmental movements. Next, the Article interrogates the common contention that the Appalachian environmental and labor movements are opposed. While this contention has substantial truth, more complex forces have been at work in the region. Fossil fuel industry elites, for instance, have wielded exaggerated “jobs versus environment” rhetoric to maximize profits and quash emergent solidarities among local workers, residents, and activists.

This Article contends that a key solution …

A Seat At The Table: Why Collegiate Athletes Should Seek Fair Nil Regulations Through Their Right To Collectively Bargain And Not Federal Legislation, Alexander J. Wood

Loyola University Chicago Law Journal

For decades, the National Collegiate Athletic Association (NCAA) and its member universities claimed they could limit compensation for collegiate athletes because amateurism made college sports different from other professional sports leagues. However, college athletics changed immediately following the Supreme Court’s ruling in Alston v. National Collegiate Athletic Association. In that case, the Court held that certain compensation restrictions from the NCAA violated antitrust laws. After this ruling, college athletes became eligible to license their name, image, and likeness (NIL) in exchange for compensation. This long overdue right for college athletes resulted in disjointed state laws and a helpless NCAA urging …