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Articles 7231 - 7260 of 11179

Full-Text Articles in Labor and Employment Law

Hostile Environments And The Religious Employee, Theresa M. Beiner, John M. A. Dipippa Jan 1997

Hostile Environments And The Religious Employee, Theresa M. Beiner, John M. A. Dipippa

Law Faculty Scholarship

No abstract provided.

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The Context Of Employment Discrimination In Japan, Allen Madison Jan 1997

The Context Of Employment Discrimination In Japan, Allen Madison

Faculty Publications

This article compares employment practices and laws regarding discrimination in Japan to those in the United States. Then it compares the cultural contexts in which discrimination and related regulation exist in each country. The article concludes that the Japanese laws are effective in the context of Japanese culture and that they are more likely to change Japanese attitudes about age, race, and gender in making hiring and promotion decisions than laws in the United States.

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Laboring In The Academic Marketplace: The Case For Tenure, Kenneth G. Dau-Schmidt Jan 1997

Laboring In The Academic Marketplace: The Case For Tenure, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

No abstract provided.

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Of Labor Law And Dissonance Colloquy, James J. Brudney Jan 1997

Of Labor Law And Dissonance Colloquy, James J. Brudney

Faculty Scholarship

What accounts for the dissonance between the meaning of our national labor law, as decreed primarily by federal judges, and the social and economic realities of workplace relationships addressed by that law? In his darkly eloquent commentary, Professor Getman acknowledges that such dissonance is not unique to the law governing labor-management relations. Yet the courts' often mistrustful approach toward employee rights under the National Labor Relations Act ( NLRA" or "Act") has had a special impact. The NLRA emerged at a time of social turbulence, and was based on a recognized need to redress the fundamental inequality of bargaining power …

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Employees: Show Us Your Paycheck, Dina Mastellone Jan 1997

Employees: Show Us Your Paycheck, Dina Mastellone

Touro Law Review

No abstract provided.

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Court Of Appeals Ballentine V. Koch (Decided October 22, 1996) Jan 1997

Court Of Appeals Ballentine V. Koch (Decided October 22, 1996)

Touro Law Review

No abstract provided.

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Employer Regulation Of Romantic Relationships: The Unsettled Law Of New York State, Alyce H. Rogers Jan 1997

Employer Regulation Of Romantic Relationships: The Unsettled Law Of New York State, Alyce H. Rogers

Touro Law Review

No abstract provided.

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Separation Of Powers, Court Of Appeals, Cayuga-Onondaga Counties Bd. Of Co-Op Educational Services V. Sweeney Jan 1997

Separation Of Powers, Court Of Appeals, Cayuga-Onondaga Counties Bd. Of Co-Op Educational Services V. Sweeney

Touro Law Review

No abstract provided.

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Why Mandatory Arbitration May Benefit Workers, Theodore J. St. Antoine Jan 1997

Why Mandatory Arbitration May Benefit Workers, Theodore J. St. Antoine

Articles

Would employees-including union employees-be better off with mandatory arbitration, even of statutory employment claims? The answer to this important question should depend less on abstract notions about the importance of statutory claims and the sanctity of the right to a jury trial, and more on a pragmatic assessment of what is likely to be best for the great majority of workers. Employing this type of analysis, which would take into account an overworked, underfunded Equal Employment Opportunity Commission, backlogged court dockets and other practical problems, my view is that most employees might well be better off with mandatory arbitration, provided …

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Br(E)King The Exploitation Of Labor?: Tensions Regarding The Welfare Workforce, David L. Gregory Jan 1997

Br(E)King The Exploitation Of Labor?: Tensions Regarding The Welfare Workforce, David L. Gregory

Fordham Urban Law Journal

This Article examines the deep human rights concerns within the transmogrifying world of work, focusing on the integral part that work plays in the definition, construction, maintenance, and enhancement of the social contract in the context of the New York City welfare workforce. Part I reviews the "employee"/partner/independent contractor distinctions, focusing on recent case law, the regulatory tax regime, and related issues. Part II examines the complex pressures that workfare legislation will exert throughout most sectors of the workforce and the unemployed. Part III explores the role of Catholic social teachings on workers' rights as well as the reemergence of …

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Ending Welfare, Leaving The Poor To Face New Risk, Jeffrey S. Lehman, Sheldon Danziger Jan 1997

Ending Welfare, Leaving The Poor To Face New Risk, Jeffrey S. Lehman, Sheldon Danziger

Cornell Law Faculty Publications

No abstract provided.

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Confusion At The National Labor Relations Board: The Misapplication Of Board Precedent To Resolve The Yale University Grade-Strike, Stephen L. Ukeiley Jan 1997

Confusion At The National Labor Relations Board: The Misapplication Of Board Precedent To Resolve The Yale University Grade-Strike, Stephen L. Ukeiley

Hofstra Labor & Employment Law Journal

No abstract provided.

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The "Undifferentiating Libido": A Need For Federal Legislation To Prohibit Sexual Harassment By A Bisexual Sexual Harasser, Robin Applebaum Jan 1997

The "Undifferentiating Libido": A Need For Federal Legislation To Prohibit Sexual Harassment By A Bisexual Sexual Harasser, Robin Applebaum

Hofstra Labor & Employment Law Journal

No abstract provided.

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Employee Involvement Programs And Electromation: Is The Team Act The Solution?, Ralph A. Petruzzo Jan 1997

Employee Involvement Programs And Electromation: Is The Team Act The Solution?, Ralph A. Petruzzo

Hofstra Labor & Employment Law Journal

No abstract provided.

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Legislative Intent And Impasse Resolution Under The National Labor Relations Act: Does Law Matter?, Ellen J. Dannin Jan 1997

Legislative Intent And Impasse Resolution Under The National Labor Relations Act: Does Law Matter?, Ellen J. Dannin

Hofstra Labor & Employment Law Journal

No abstract provided.

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Arbitration Of Statutory Claims In A Union Setting: History, Controversy And A Simpler Solution, Janet Mceneaney Jan 1997

Arbitration Of Statutory Claims In A Union Setting: History, Controversy And A Simpler Solution, Janet Mceneaney

Hofstra Labor & Employment Law Journal

No abstract provided.

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Creating A Beck Statute: Recent Congressional Attempts And A Proposal For The Future, Eric J. Felsberg Jan 1997

Creating A Beck Statute: Recent Congressional Attempts And A Proposal For The Future, Eric J. Felsberg

Hofstra Labor & Employment Law Journal

No abstract provided.

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Beyond A Reasonable Accommodation: Hostile Work Environment Claims Under The Ada, Sandra M. Tomkowicz Jan 1997

Beyond A Reasonable Accommodation: Hostile Work Environment Claims Under The Ada, Sandra M. Tomkowicz

Accounting Faculty Publications

No abstract provided.

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Labor – Free Or Coerced? An Historical Reassessment Of Differences And Similarities, Robert J. Steinfeld, Stanley L. Engerman Jan 1997

Labor – Free Or Coerced? An Historical Reassessment Of Differences And Similarities, Robert J. Steinfeld, Stanley L. Engerman

Contributions to Books

Published in Free and Unfree Labour: The Debate Continues, Tom Brass & Marcel van der Linden, eds.

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The Emerging Cronyism Defense And Affirmative Action: A Critical Perspective On The Distinction Between Colorblind And Race-Conscious Decision Making Under Title Vii, Ann C. Mcginley Jan 1997

The Emerging Cronyism Defense And Affirmative Action: A Critical Perspective On The Distinction Between Colorblind And Race-Conscious Decision Making Under Title Vii, Ann C. Mcginley

Scholarly Works

In Foster v. Dalton, the United States Supreme Court approved of the promotion of a less-qualified white male over a better-qualified black female under very suspicious circumstances; in Taxman v. Board of Education, the court invalidated the retention of an equally qualified black female over her white counterpart. The law justifies the disparate results in Foster and Taxman by invoking the principle of race and gender “neutrality” in the decision making process. Under this principle, the law generally prohibits employment determinations based consciously on a person's race or gender. An exception to the “neutrality principle” of Title VII is the …

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Introduction To Panel Five: The Inter-Subjectivity Of Objective Justice: A Theory And Praxis For Constructing Latcrit Coalitions, Elizabeth M. Iglesias Jan 1997

Introduction To Panel Five: The Inter-Subjectivity Of Objective Justice: A Theory And Praxis For Constructing Latcrit Coalitions, Elizabeth M. Iglesias

Articles

No abstract provided.

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The Personal Responsibility And Work Opportunity Act Of 1996: Poison Pills For Legal Immigrants, Meredith Barton, Deborah M. Chandler Jan 1997

The Personal Responsibility And Work Opportunity Act Of 1996: Poison Pills For Legal Immigrants, Meredith Barton, Deborah M. Chandler

Richmond Public Interest Law Review

Former president Ronald Reagan's vision of America as this shining city ended Thursday, August 23, 1996, when President Bill Clinton signed his name to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, considered the most farreaching welfare reform package in history. Although the Congressional Budget Office (CBO) estimates that the federal government will save over $57 billion between fiscal year 1997 and fiscal year 2002, this welfare reform package profoundly impacts immigrants, particularly legal immigrants. Overall 44% of federal savings (approximately $23.8 billion) stems from denying public assistance benefits to legal immigrants. This new welfare legislation directly …

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A Legal Roadmap To Privatizing Government Services In Washington State, Nancy Buonanno Grennan Jan 1997

A Legal Roadmap To Privatizing Government Services In Washington State, Nancy Buonanno Grennan

Washington Law Review

Government employers contract out and privatize some of their functions as one way of meeting the public's need for more efficient and effective services. The Washington State Supreme Court, in Washington Federation of State Employees v. Spokane Community College, interpreted the state's civil service laws as imposing a nearly complete bar on contracting out at the state level. That decision was later extended to local public sector employers, who already face complex collective bargaining rules that require them to bargain with unions about contracting out work that has been done or that could be done by their unionized employees. …

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The Jurisidctional Shadowland Between The Nlrb And The National Mediation Board: Who's In Charge?, Shaunta M. Knibb Jan 1997

The Jurisidctional Shadowland Between The Nlrb And The National Mediation Board: Who's In Charge?, Shaunta M. Knibb

Washington Law Review

The National Labor Relations Act exempts all persons subject to the Railway Labor Act (RLA) from its jurisdiction. As a result, for over fifty years the National Labor Relations Board (NLRB) has referred challenges to its jurisdiction based on the RLA to the National Mediation Board, the RLA's administering agency. In 1995, however, the NLRB's decisions in Federal Express Corp. and United Parcel Service, Inc. cast doubt on this policy. Even though the Court of Appeals for the District of Columbia then affirmed the NLRB's decision in United Parcel Service, the question of whether the NLRB has the authority …

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Affirmative Action In Question: A Coherent Theory For Section 15(2), Mark A. Drumbl, John D.R. Craig Jan 1997

Affirmative Action In Question: A Coherent Theory For Section 15(2), Mark A. Drumbl, John D.R. Craig

Scholarly Articles

Affirmative action programs are constitutionally protected in Canada under section 15(2) of the Charter. This section has received little judicial interpretation and, consequently, no coherent approach to the interpretation of section 15(2) has been developed. Furthermore, there is an urgent need to define the meaning of section 15(2), as affirmative action programs can be used to perpetuate stereotypes and discrimination while being given a blanket endorsement through section 15(2). The authors suggest that section 15(2) does not merely promote substantive equality, as this is the function of section 15(1), but embodies the social justice conception of equality, which allocates social …

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The Medical Malpractice Crisis In Obstetrics: A Gestalt Approach To Reform, Elizabeth Swire Falker Jan 1997

The Medical Malpractice Crisis In Obstetrics: A Gestalt Approach To Reform, Elizabeth Swire Falker

Cardozo Journal of Equal Rights & Social Justice

The medical malpractice crisis in obstetrics has led to a decline in practicing obstetricians, particularly in high-risk and rural areas, disproportionately affecting disadvantaged women. This crisis is driven by high malpractice insurance premiums, defensive medicine practices, and poor physician-patient communication. The article proposes reforms, including the integration of certified nurse-midwives, improved communication strategies, and alternative compensation systems, to reduce litigation, stabilize insurance markets, and improve access to care.

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On Balancing Scales, Kaleidoscopes, And The Blurred Limits Of Academic Freedom, Harry F. Tepker Jr., Joseph Harroz Jr. Jan 1997

On Balancing Scales, Kaleidoscopes, And The Blurred Limits Of Academic Freedom, Harry F. Tepker Jr., Joseph Harroz Jr.

Oklahoma Law Review

No abstract provided.

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Employment Law: Acevedo V. City Of Muskogee -- Creating A New Doctrine For Judging The Value Of Public Employee Speech Rights--Sound Policy Or Doctrinal Mutiny?, Timothy Wilson Jan 1997

Employment Law: Acevedo V. City Of Muskogee -- Creating A New Doctrine For Judging The Value Of Public Employee Speech Rights--Sound Policy Or Doctrinal Mutiny?, Timothy Wilson

Oklahoma Law Review

No abstract provided.

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Employment Law: Gary V. Long --Using Context To Analyze Threat In Sexual Harassment Cases, Donald P. Howerton Jan 1997

Employment Law: Gary V. Long --Using Context To Analyze Threat In Sexual Harassment Cases, Donald P. Howerton

Oklahoma Law Review

No abstract provided.

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Employment Law: Mckennon V. Nashville Banner Publishing Co. And After-Acquired Evidence--A Convincing Resolution To Employer/Employee Misconduct Or An Incomplete Assessment Of The Issue?, William D. Fisher Jan 1997

Employment Law: Mckennon V. Nashville Banner Publishing Co. And After-Acquired Evidence--A Convincing Resolution To Employer/Employee Misconduct Or An Incomplete Assessment Of The Issue?, William D. Fisher

Oklahoma Law Review

No abstract provided.

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