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Articles 6811 - 6840 of 11183
Full-Text Articles in Labor and Employment Law
Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein
Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein
Journal of Health Care Law and Policy
No abstract provided.
Adverse Impact Of Predisposition Testing On Major Life Activities: Lessons From Brca 1/2testing, Katherine A. Schneider
Adverse Impact Of Predisposition Testing On Major Life Activities: Lessons From Brca 1/2testing, Katherine A. Schneider
Journal of Health Care Law and Policy
No abstract provided.
En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey M. Monks
En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey M. Monks
Articles
No abstract provided.
Taking Stock: New Views Of American Labor Law Between The World Wars, Daniel R. Ernst
Taking Stock: New Views Of American Labor Law Between The World Wars, Daniel R. Ernst
Seattle University Law Review
This Article provides an introduction to the symposium. This symposium originated in a session at the annual meeting of the American Society for Legal History held in Seattle in October 1998. Entitled "Labor, Law, and the State in the Interwar Period," the panel provided four different views of a decisive period in the development of labor law in the United States. In the 1980s the panel's chair, Katherine Van Wezel Stone, and commentator, Christopher L. Tomlins, published works that helped spark a modern revival in the historical study of U.S. labor law. The authors of the four papers presented at …
Battle On The Benches: The Wagner Act And The Federal Circuit Courts Of Appeals, 1935-1942, Douglas J. Feeney-Gallagher
Battle On The Benches: The Wagner Act And The Federal Circuit Courts Of Appeals, 1935-1942, Douglas J. Feeney-Gallagher
Seattle University Law Review
This paper examines the efforts of some circuit court judges to preserve the integrity of the judicial branch against the encroaching power of the New Deal administrative agencies, especially as represented by the National Labord Relations Board (NLRB). This paper offers a historical overview of the relationship between two circuits and the NLRB; one circuit welcomed the Board's aggressive enforcement of the Act, while the other expressed hostility towards the labor agency's powers and interpretation of the Wagner Act. An examination of the NLRB opinions in these two circuits illustrates the opposing judicial attitudes toward the new turn in labor …
Supervisory Sexual Harassment And Employer Liability: The Third Circuit Sheds Light On Vicarious Liability And Affirmative Defenses, David F. Mccann
Supervisory Sexual Harassment And Employer Liability: The Third Circuit Sheds Light On Vicarious Liability And Affirmative Defenses, David F. Mccann
Villanova Law Review (1956 - )
No abstract provided.
Anjelino V. New York Times Co.: Granting Men Standing To Fight Against Injuries Received As A Result Of Sexual Discrimination Towards Female Co-Workers, Christine Coyne
Anjelino V. New York Times Co.: Granting Men Standing To Fight Against Injuries Received As A Result Of Sexual Discrimination Towards Female Co-Workers, Christine Coyne
Villanova Law Review (1956 - )
No abstract provided.
Avoiding The Trap Of Res Judicata: A Practitioner's Guide To Litigating Multiple Employment Discrimination Claims In The Third Circuit, Victoria L. Hooper
Avoiding The Trap Of Res Judicata: A Practitioner's Guide To Litigating Multiple Employment Discrimination Claims In The Third Circuit, Victoria L. Hooper
Villanova Law Review (1956 - )
No abstract provided.
I Can't Work, Just Kidding, I Can: The Effects That Applying For Disability Benefits Have On An Ada Claim, John Bisordi
I Can't Work, Just Kidding, I Can: The Effects That Applying For Disability Benefits Have On An Ada Claim, John Bisordi
Villanova Law Review (1956 - )
No abstract provided.
The Arbitrary Path Of Due Process, Harry F. Tepker
The Arbitrary Path Of Due Process, Harry F. Tepker
Faculty Articles
No abstract provided.
Protecting Patient Rights Despite Erisa: Will The Supreme Court Allow States To Regulate Managed Care?, Donald T. Bogan
Protecting Patient Rights Despite Erisa: Will The Supreme Court Allow States To Regulate Managed Care?, Donald T. Bogan
Faculty Articles
No abstract provided.
The New Cultural Diversity And Title Vii, Steven A. Ramirez
The New Cultural Diversity And Title Vii, Steven A. Ramirez
Michigan Journal of Race and Law
This Article will show that the most progressive diversity initiatives taking hold in the business community are facially neutral in their approach, merit-driven, and fundamentally culture-conscious (as opposed to race-conscious). These initiatives do not allow for any racial preference or gender preference and draw any such bias not from the inherent values of diversity but from the largely segregated pre-existing corporate tradition: hiring culturally aware minorities unleashes value because they bring insights previously unavailable to segregated businesses. In other words, White males can be and are hired in the name of cultural diversity when they bring cultural insights to the …
The Changing Complexion Of Workplace Law: Labor And Employment Decisions Of The Supreme Court's 1999-2000 Term , James J. Brudney
The Changing Complexion Of Workplace Law: Labor And Employment Decisions Of The Supreme Court's 1999-2000 Term , James J. Brudney
Faculty Scholarship
At the dawn of a new century of Supreme Court workplace law, it seems especially appropriate to offer some perspective on the recent and relatively recent past. Before addressing the seven cases involving labor and employment issues decided by the Supreme Court in the Term just ended, I want briefly to describe (in what I hope are not mechanical terms) how the Court's interests in labor and employment law have evolved from the start of the Burger Era in 1969 to the current, mature stage of the Rehnquist Court.
Silencing Speech In The Workplace: Re-Examining The Use Of Specific Speech Injunctive Relief For Title Vii Hostile Environment Work Claims, 34 J. Marshall L. Rev. 321 (2000), Sonali Das
UIC Law Review
No abstract provided.
Cash Balance Plans: They Work For Employers But Do They Work For Employees?, 34 J. Marshall L. Rev. 345 (2000), Deana Saxinger
Cash Balance Plans: They Work For Employers But Do They Work For Employees?, 34 J. Marshall L. Rev. 345 (2000), Deana Saxinger
UIC Law Review
No abstract provided.
Sexual Harassment In The Workplace: How Arbitrators Decide , Mollie H. Bowers, E. Patrick Mcdermott
Sexual Harassment In The Workplace: How Arbitrators Decide , Mollie H. Bowers, E. Patrick Mcdermott
Cleveland State Law Review
For thirty years courts and labor arbitrators have grappled with what constitutes sexual harassment and how to remedy such behavior. The Federal judiciary has developed case law on sexual harassment under Title VII of the Civil Rights Act of 1964. However, arbitrators addressing this issue under collective bargaining agreements have often treated similar fact patterns differently than jurists. In contrast, labor arbitrators decide culpability first, and then consider the appropriate remedy. In reconciling these separate paths for establishing standards of workplace conduct, the authors will provide a model that explains how arbitrators decide sexual harassment cases and how this model …
Iadimarco V. Runyon And Reverse Discrimination: Gaining Majority Support For Majority Plaintiffs, Maria A. Citeroni
Iadimarco V. Runyon And Reverse Discrimination: Gaining Majority Support For Majority Plaintiffs, Maria A. Citeroni
Cleveland State Law Review
This Note will argue that the Supreme Court should resolve the inconsistency within the federal system concerning the appropriate standard of proof in reverse discrimination disputes by adopting the reasoning set forth by the Third Circuit Court of Appeals. Section II will profile the history and purpose of Title VII, with emphasis on the "burden shifting" framework established by the Supreme Court to analyze claims of racial discrimination in the workplace. Section III will contrast the development of the "background circumstances" test applied by lower federal courts to discrimination claims brought by majority plaintiffs with the Supreme Court's recognition of …
The Supreme Court Reins In The Americans With Disabilities Act, Stephen W. Jones
The Supreme Court Reins In The Americans With Disabilities Act, Stephen W. Jones
University of Arkansas at Little Rock Law Review
No abstract provided.
The Americans With Disabilities Act Of 1900: A Road Now Too Narrow, Luther Sutter
The Americans With Disabilities Act Of 1900: A Road Now Too Narrow, Luther Sutter
University of Arkansas at Little Rock Law Review
No abstract provided.
Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman
Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman
Touro Law Review
No abstract provided.
Nlrb Remedies: Where Are They Going?, Leanord Page
Nlrb Remedies: Where Are They Going?, Leanord Page
Richmond Public Interest Law Review
The National Labor Relations Board's remedies are the vehicles through which the policies of the National Labor Relations Act are realized, and the means by which rights conferred by the Act are protected. Through the appropriate remedies, the Board ensures that conditions at the workplace are restored to those which existed before the onset of unlawful conduct. Effective remedies also deter unlawful conduct and promote voluntary compliance with the Act. Congress chose not to specify the precise remedies that would be available to the Board, understanding the Board's need for flexibility to meet diverse situations and those which Congress did …
Defamatory E-Mail And Employer Liability: Why Razing Zeran V. America Online Is A Good Thing, Michael H. Spencer
Defamatory E-Mail And Employer Liability: Why Razing Zeran V. America Online Is A Good Thing, Michael H. Spencer
Richmond Journal of Law & Technology
Electronic mail ("e-mail") has taken its place as an integral part of communication in modern society. Unlike other forms of communication, e-mail can cheaply and efficiently be placed in a public domain for literally the world to see. These public areas, otherwise known as bulletin boards, have expanded society's ability to communicate over vast distances. Individuals or groups can also engage in mass communication, which involves a myriad of topics and concerns. Nevertheless, such electronic communications, as almost any other form of communication, can become volatile and create animosity among users. Hence, many of the remarks made in such exchanges …
Book Review: Managing Major Hazards: The Lessons Of The Moura Mine Disaster, Eric Tucker
Book Review: Managing Major Hazards: The Lessons Of The Moura Mine Disaster, Eric Tucker
Articles & Book Chapters
No abstract provided.
Employment Discrimination, Stewart J. Schwab
Employment Discrimination, Stewart J. Schwab
Cornell Law Faculty Publications
This article first parses the multiple overlapping definitions of discrimination, including distinctions between group and individual discrimination and between segregation and discrimination in pay. The article then summarizes the major economic models of discrimination, particularly Becker’s taste-for-discrimination model and statistical-discrimination models, as well as sorting the status-production models. The discussion focuses on the conditions under which markets will tend to eliminate discrimination, noting that this occurs in a more limited range of situations than commonly recognized. The article next surveys the economic role of anti-discrimination laws, evaluating arguments that the law speeds the journey to a non-discriminatory equilibrium and that …
The Group Legal Plan Revolution: Bright Horizon Or Dark Future?, Brian Heid, Eitan Misulovin
The Group Legal Plan Revolution: Bright Horizon Or Dark Future?, Brian Heid, Eitan Misulovin
Hofstra Labor & Employment Law Journal
No abstract provided.
Chaos Or Coherence: Individual Disparate Treatment Discrimination And The Adea, Michael J. Zimmer
Chaos Or Coherence: Individual Disparate Treatment Discrimination And The Adea, Michael J. Zimmer
Faculty Publications & Other Works
No abstract provided.
¡Viva La Evolución!: Recognizing Unconscious Motive In Title Vii, Ann C. Mcginley
¡Viva La Evolución!: Recognizing Unconscious Motive In Title Vii, Ann C. Mcginley
Scholarly Works
This article analyzes the different proof mechanisms developed under Title VII discriminatory treatment doctrine, demonstrating their ability to identify unconscious, as well as conscious, discriminatory behavior. It demonstrates that soon after its enactment Title VII began to evolve, expanding its reach to unconscious discrimination. Although in many instances courts were unaware of this expansion, courts appear to have followed their intuition to further the broad remedial and preventive purposes of the statute. In response to the evolution and to the courts' failure to articulate a justification for their decisions, a counter-evolution is currently occurring, with many courts attempting rigidly to …
Workplace Safety Policy: Past, Present, And Future, Thomas J. Kniesner, John D. Leeth
Workplace Safety Policy: Past, Present, And Future, Thomas J. Kniesner, John D. Leeth
Center for Policy Research
With an annual budget of about $400 million, the Occupational Safety and Health Administration (OSHA) is about 5 percent the size of the Environmental Protection Agency, another federal agency created by President Richard M. Nixon in 1970, the "Year of the Environment." Nearly all workers in the United States come under OSHA's jurisdiction, with some notable exceptions, including miners, transportation workers, many public employees, and people who are self-employed. OSHA is currently responsible for projecting over 100 million workers at 6 million work sites with the help of only about 2,000 workplace health and safety inspectors. Nevertheless, suppers of OSHA …
Employment Law: Classification In Oklahoma Public Employment: Does It Really Matter, Tom Ivester
Employment Law: Classification In Oklahoma Public Employment: Does It Really Matter, Tom Ivester
Oklahoma Law Review
No abstract provided.
Annual Survey Of Virginia Law: Labor And Employment Law, Thomas M. Winn Iii
Annual Survey Of Virginia Law: Labor And Employment Law, Thomas M. Winn Iii
University of Richmond Law Review
This article discusses four principal areas of employment and labor law in which there was significant activity in Virginia's courts and/or the legislature over the past year: (1) public policy wrongful discharge; (2) negligent hiring, retention, and supervision; (3) employment references; and (4) covenants not to compete and the employee's fiduciary duties owed to the employer. Beyond the scope of this article are decisions rendered in other areas of law affecting the employment relationship, including workers' compensation, unemployment, wage payment, and public sector employment.