Labor and Employment Law Commons^™

Working America, Lauren Snyder

NYLS Law Review

No abstract provided.

Fugitive Slaves And Ship-Jumping Sailors: The Enforcement And Survival Of Coerced Labor, Jonathan M. Gutoff

Law Faculty Scholarship

This article explores the relationship between the law of maritime labor and the law of slavery. In the eighteenth century, both sailors and slaves were part of a broad regime of unfree labor relations, with slaves, of course, the most oppressed. In the nineteenth century, an era otherwise supposedly devoted to the ideal of "free" labor, sailors and slaves instead remained unfree, subject to federal laws providing for the forced return to their toils if they deserted - the Merchant Seaman's Act and the Fugitive Slave Act. Both of those statutes were deemed to be within Congress' authority, despite questionable …

Cultural, Economic And Legal Factors Underlying Trafficking In Thailand And Their Impact On Women And Girls From Burma, Christa Foster Crawford

Cardozo Journal of Equal Rights & Social Justice

The article examines the complex factors underlying human trafficking in Thailand, particularly focusing on the trafficking of women and girls from Burma. It argues that while Thailand has made efforts to address the issue, the root causes, including cultural attitudes, economic interests, and legal frameworks, remain unaddressed. The analysis highlights the shift in trafficking patterns from Thai women to Burmese migrants due to improved socio-economic conditions for Thai nationals and worsening conditions in Burma. The article emphasizes the need for comprehensive solutions addressing both supply and demand factors, including legal reforms and policy changes.

Big Box Vetoed... What's Next? The Future Of Living Wages In Chicago, Michelle Kaplan

Public Interest Law Reporter

No abstract provided.

Skepticism And Expertise: The Supreme Court And The Eeoc, Melissa Hart

Publications

The Supreme Court regularly denies deference to the Equal Employment Opportunity Commission's interpretations of the federal antidiscrimination laws which that agency is charged with enforcing and interpreting. The Court's lack of deference for EEOC interpretation is in part a function of the analytical framework that the Court has created for assessing the deference due to different types of administrative interpretation. But this essay argues that the Court's lack of deference cannot be entirely explained with reference to these neutral analytical criteria. The Court's attitude toward the EEOC may also be explained as a consequence both of judicial reluctance to view …

Miller V. Department Of Corrections: The Application Of Title Vii To Consensual, Indirect Employer Conduct, Stephen Dacus

Oklahoma Law Review

No abstract provided.

Erisa: No Further Inquiry Into Conflicted Plan Administrator Claim Denials, Don Bogan, Benjamin Fu

Oklahoma Law Review

No abstract provided.

Getting The Skinny: Fast Food Litigation Is Not A Legal Threat To Business, But It Should Be, J. Brad Reich

Hofstra Labor & Employment Law Journal

No abstract provided.

Hostile Environment Sexual Harassment & First Amendment Content-Neutrality: Putting The Supreme Court On The Right Path, Peter Caldwell

Hofstra Labor & Employment Law Journal

No abstract provided.

Inspecting The Mine Inspector: Why The Discretionary Function Exception Does Not Bar Government Liability For Negligent Mine Inspections, Jay Lapat, James P. Notter

Hofstra Labor & Employment Law Journal

No abstract provided.

Shoring Up The Citadel (At-Will Employment), Matthew W. Finkin

Hofstra Labor & Employment Law Journal

The third draft of parts three and four of the proposed Restatement of Employment Law was circulated in April, 2006. The draft was prefaced by a statement of the Executive Director of the American Law Institute explaining the project's purpose: to simplify the law, to clarify the doctrine underpinning it, and to bring the law into line with evolving economic and social developments. This essay takes a hard look at these two parts - governing contractual job security and discharge for reasons violative of public policy - from the perspective of these desiderata. It argues that the rules set out …

Labor-Management Relations During The Clinton Administration, Robert B. Moberly

Hofstra Labor & Employment Law Journal

No abstract provided.

Unilateral-Modification Provisions In Employment Arbitration Agreements, Michael L. Demichele, Richard A. Bales

Hofstra Labor & Employment Law Journal

Unilateral-modification clauses give one party the unfettered right to amend or reject the underlying contract, often with neither notice to nor consent from the other party. State and federal courts are divided on the issue of whether employment arbitration agreements subject to such clauses are enforceable (and the courts holding the arbitration agreements are unenforceable are divided on which of several contract law doctrines apply). The majority of courts refuse to compel arbitration when the employer's unilateral-modification rights create a lack of consideration, a non-mutual agreement, an illusory promise to arbitrate, or an unconscionable agreement. A minority of courts find …

Be Our Guest: Synthesizing A Realistic Guest Worker Program As An Element Of Comprehensive Immigration Reform, Dennis J. Loiacono, Jillian Maloff

Hofstra Labor & Employment Law Journal

No abstract provided.

The Suspension Of The Davis Bacon Act And The Exploitation Of Migrant Workers In The Wake Of Hurricane Katrina, Haley E. Olam, Erin S. Stamper

Hofstra Labor & Employment Law Journal

No abstract provided.

Organizations, Movements, And Networks, Charles Heckscher

NYLS Law Review

No abstract provided.

Renewing And Maintaining Union Vitality: New Approaches To Union Growth, Fred Feinstein

NYLS Law Review

No abstract provided.

Overcoming Obstacles To Worker Representation: Insights From The Temporary Agency Workforce, Danielle D. Van Jaarsveld

NYLS Law Review

No abstract provided.

New Institutions For Worker Representation In The United States: Theoretical Issues, Alan Hyde

NYLS Law Review

No abstract provided.

Worker Centers: Organizing Communities At The Edge Of The Dream, Janice Fine

NYLS Law Review

No abstract provided.

Impacting Next Wave Organizing: Creative Campaign Strategies Of Los Angeles Worker Centers, Victor Narro

NYLS Law Review

No abstract provided.

Next Wave Organizing And The Shift To A New Paradigm Of Labor Law, Jim Pope

NYLS Law Review

No abstract provided.

The Immigrant Workers Project Of The Afl-Cio, Rosanna M. Kreychman, Heather H. Volik

NYLS Law Review

No abstract provided.

Working Today, Sarah N. Kelly, Christine Tramontano

NYLS Law Review

No abstract provided.

The Workplace Project, Emily Stein

NYLS Law Review

No abstract provided.

Doe V. Bell, Harley Abrevaya

NYLS Law Review

No abstract provided.

Fleming V. Guiliani, Christopher G. Boies

NYLS Law Review

No abstract provided.

Despite His Antics, T.O. Has A Valid Point: Why Nfl Players Deserve A Bigger Piece Of The Pie, Matthew Levine

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Transforming Discriminatory Corporate Cultures: This Is Not Just Women's Work, Cheryl L. Wade

Faculty Publications

(Excerpt)

The Symposium on Women and the "New" Corporate Governance began with an opening address by Sheila Wellington, the President of Catalyst. "Don't change women," she said, "change corporations." I agree with Ms. Wellington, but I would go one step further by observing that companies will change only if men change. The overwhelming majority of the directors and officers who manage and govern large public companies in the United States are white men. Public companies will enjoy healthy relationships with their women employees only to the extent encouraged and facilitated by the men who control these corporations. But how does …

Decentering The Firm: The Limited Liability Company And Low-Wage Immigrant Women Workers, Miriam A. Cherry

Faculty Publications

(Excerpt)

Imagine the following scenario: a group of immigrant women clean houses and offices in the suburbs of a large northeastern city. These workers speak languages other than English. Therefore they depend on an intermediary, another immigrant who has been in the United States for a longer period of time, to solicit jobs, negotiate schedules, and communicate with customers. Although this “intermediary” does not actually perform any of the cleaning work, the intermediary’s “cut,” or share of the income generated, is substantial. The immigrant workers are typically paid a low wage, often averaging below the minimum wage set by the …