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Articles 5071 - 5100 of 11179
Full-Text Articles in Labor and Employment Law
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.
Federal Question Jurisdiction And The Federal Arbitration Act, Richard A. Bales, Jamie L. Ireland
Federal Question Jurisdiction And The Federal Arbitration Act, Richard A. Bales, Jamie L. Ireland
University of Colorado Law Review
The Federal Arbitration Act ("FAA") gives signatories to an arbitration agreement the right to have that agreement specifically enforced. The FAA does not, however, confer federal subject matter jurisdiction. Absent federal jurisdiction, a party seeking enforcement under the FAA must sue in state court. State courts, however, are far more likely than federal courts to use state contract law doctrines to avoid enforcing arbitration agreements. This has led parties seeking enforcement to look for other ways into federal court. Some federal courts have found jurisdiction over enforcement actions when the underlying dispute involves a federal question, such as when an …
Independent Investigations: An Inequitable Out For Employers In Cat's Paw Cases, Sean Ratliff
Independent Investigations: An Inequitable Out For Employers In Cat's Paw Cases, Sean Ratliff
University of Colorado Law Review
This Comment addresses the extent to which judges should be allowed to grant summary judgment for employers who conduct "independent investigations" in cat's paw employment cases. A cat's paw employment case is one in which an employee attempts to hold an employer liable for an adverse action based upon the conduct of a biased supervisor. The supervisor, who lacks decision-making authority, may have influenced or participated in the decision to take the adverse employment action. Currently, the circuits split over the requisite level of influence that the supervisor must have over the ultimate decisionmaker in order to impute liability. This …
Class Dismissed: Equal Protection, The "Class-Of-One," And Employment Discrimination After Engquist V. Oregon Department Of Agriculture, Matthew M. Morrison
Class Dismissed: Equal Protection, The "Class-Of-One," And Employment Discrimination After Engquist V. Oregon Department Of Agriculture, Matthew M. Morrison
University of Colorado Law Review
This Note examines whether government employees should be able to assert so-called "class-of-one" claims against public employers under the Fourteenth Amendment's Equal Protection Clause. Traditional equal protection claims allege that the government has impermissibly singled out the plaintiff for disparate treatment on account of his or her race, gender, or some other trait shared with a larger class of individuals. Such claims reflect the traditional understanding of the Equal Protection Clause as a prohibition on discriminatory group classifications. Class-of-one claims, however, merely allege that the plaintiff was intentionally singled out from other similarly situated individuals and subjected to unequal treatment …
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 …
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 …
Where Are We Going, And Where Should We Be In Ten Years?, Jonathan Barry Forman
Where Are We Going, And Where Should We Be In Ten Years?, Jonathan Barry Forman
Hofstra Labor & Employment Law Journal
No abstract provided.
Erisa Misrepresentation And Nondisclosure Claims: Securities Litigation Under The Guise Of Erisa?, Clovis Trevino Bravo
Erisa Misrepresentation And Nondisclosure Claims: Securities Litigation Under The Guise Of Erisa?, Clovis Trevino Bravo
Hofstra Labor & Employment Law Journal
No abstract provided.
Safeguarding Employee Stock Ownership Plans: Insurance As Assurance, Lauren E. Berson, Nicholas L. Cushing
Safeguarding Employee Stock Ownership Plans: Insurance As Assurance, Lauren E. Berson, Nicholas L. Cushing
Hofstra Labor & Employment Law Journal
No abstract provided.
A Cruel Choice: Patients Forced To Decide Between Medical Marijuana And Employment, Ari Lieberman, Aaron Solomon
A Cruel Choice: Patients Forced To Decide Between Medical Marijuana And Employment, Ari Lieberman, Aaron Solomon
Hofstra Labor & Employment Law Journal
No abstract provided.
On The Authority Of The Two-Member Nlrb: Statutory Interpretation Approaches And Judicial Choices, Ronald Turner
On The Authority Of The Two-Member Nlrb: Statutory Interpretation Approaches And Judicial Choices, Ronald Turner
Hofstra Labor & Employment Law Journal
Is the National Labor Relations Board statutorily empowered by and under Section 3(b) of the National Labor Relations Act to issue decisions and orders when the membership of this five-member agency falls to two active members? This important question, now before the United States Supreme Court, has been considered by several federal courts of appeals in recent rulings addressing challenges to the two-member Board’s adjudicatory power and decision making authority. This essay focuses on the interpretive theories adopted, methodologies employed, and adjudicative choices made by the courts of appeals grappling with the Section 3(b) quorum issue, and argues that the …
Section 8(F) Prehire Agreements And The Exception To Majority Representation: Are Construction Workers Getting The Shaft?, Desiree Leclercq
Section 8(F) Prehire Agreements And The Exception To Majority Representation: Are Construction Workers Getting The Shaft?, Desiree Leclercq
Hofstra Labor & Employment Law Journal
No abstract provided.
The Second Circuit Takes A Second Look At The Non-Statutory Labor Exemption In Professional Sports: A Review Of Wood V. National Basketball Association, Caldwell V. American Basketball Association, National Basketball Association V. William, And Clarett V. National Football League, Walter T. Champion Jr.
Hofstra Labor & Employment Law Journal
No abstract provided.
Abusing Abuse Of Discretion: Judicial Review Of Erisa Fiduciaries' Discretionary Decisions In Denial Of Benefits Cases, Christopher R. Stevenson
Abusing Abuse Of Discretion: Judicial Review Of Erisa Fiduciaries' Discretionary Decisions In Denial Of Benefits Cases, Christopher R. Stevenson
Hofstra Labor & Employment Law Journal
No abstract provided.
Erisa: The Foundational Insufficiencies For Deferential Review In Employee Benefit Claims- Metropolitan Life Insurance Co. V. Glenn, Donald T. Bogan
Erisa: The Foundational Insufficiencies For Deferential Review In Employee Benefit Claims- Metropolitan Life Insurance Co. V. Glenn, Donald T. Bogan
Hofstra Labor & Employment Law Journal
No abstract provided.