Labor and Employment Law Commons^™

The Americans With Disabilities Act And Collective Bargaining Agreements: Reasonable Accommodations Or Irreconcilable Conflicts?, Mary K. O'Melveny

Kentucky Law Journal

No abstract provided.

For Mert Bernstein, Inventor Of A Field, Lance Liebman

Faculty Scholarship

Life brings odd cycles and conjunctions.

More than twenty years ago, as a brand new law teacher, I was assigned by Dean Derek Bok to teach "urban law." I said, "Derek, what is that?" He said: "You have been Assistant to Mayor Lindsay of New York for two years. You figure it out."

Coase's Twin Towers: The Relation Between The Nature Of The Firm And The Problem Of Social Cost, Stewart J. Schwab

Cornell Law Faculty Publications

Ronald Coase's The Nature of the Firm (The Firm) may well be the second most cited article in law and economics. Usually, calling something second best is a backhanded compliment. But in this case the praise is sincere, for Coase also wrote the most cited article, The Problem of Social Cost (Social Cost). Much ink has been spilled over each article. Both are justly famous, and together they make Coase a richly deserving recipient of the Nobel Prize in Economics.

The Firm, published in 1937, is most often studied by corporate law or industrial organization …

Workers' Compensation And Sexual Harassment In The Workplace: A Remedy For Employees, Or A Shield For Employers?, Ruth C. Vance

Law Faculty Publications

No abstract provided.

The Right To Unionize In The United States, Canada, And Mexico: A Comparative Assessment, David L. Gregory

Hofstra Labor & Employment Law Journal

No abstract provided.

How Globalization And Freer Trade Are Creating A New Architecture Of North America, Stephen Blank

Hofstra Labor & Employment Law Journal

No abstract provided.

Collective Action, Property Rights And Law Reform: The Story Of The Labor Injunction, Eileen Silverstein

Hofstra Labor & Employment Law Journal

No abstract provided.

Legal And Practical Implications Of Adr And Arbitration In Employment Disputes, Evan J. Spelfogel

Hofstra Labor & Employment Law Journal

No abstract provided.

Management's Attitudes And The Need For The Workplace Fairness Act, Jack J. Canzoneri

Buffalo Law Review

No abstract provided.

Credulous Courts And The Tortured Trilogy: The Improper Use Of Summary Judgment In Title Vii And Adea Cases, Ann C. Mcginley

Scholarly Works

Civil rights are under siege. In mid-1989, the United States Supreme Court decided several cases that severely limit the civil rights claims and remedies available to a plaintiff claiming employment discrimination. This Article examines the gradual and continuing erosion of the factfinder's role in federal employment discrimination cases and its replacement by an increasing use of summary judgment through which the courts make pretrial determinations formerly reserved for the factfinder at trial. This trend not only represents a major shift in court procedure and, in the case of age discrimination claims, a transfer of power from juries to judges, but …

Reinventing Reality: The Impermissible Intrusion Of After-Acquired Evidence In Title Vii Litigation, Ann C. Mcginley

Scholarly Works

This Article analyzes the use of after-acquired evidence to defeat a discrimination victim's claim against her employer. The use of the Mount Healthy and Price Waterhouse mixed motives analysis in after-acquired evidence cases is misplaced because it is impossible for the permissible motive—resume fraud—to have been a factor in the adverse employment decision. Furthermore, after the enactment of the Civil Rights Act of 1991, it would be an improper judicial intrusion upon the power of the legislature for courts to apply mixed motives analysis to these cases. Besides the constitutional limitation on the judiciary's power created by the Civil Rights …

Case Comments 0. Master And Servant Raybuck V. Usx, Inc

Washington and Lee Law Review

No abstract provided.

Hiv Testing Of Health Care Workers: Conflict Between The Common Law And The Centers For Disease Control, Mark D. Johnson

American University Law Review

No abstract provided.

Roots Of The Underclass: The Decline Of Laissez-Faire Jurisprudence And The Rise Of Racist Labor Legislation, David E. Bernstein

American University Law Review

No abstract provided.

Case Comments M. Labor Relations Wilson V. City Of Charlotte

Washington and Lee Law Review

No abstract provided.

The Pebble In The Shoe: Making The Case For The Government Employee, Joan R. Bullock

Journal Publications

This Article addresses the issue of whether federal government employees should be able to use the False Claims Act, also known as the "federal whistleblower statute," to personally benefit from uncovering fraud against the government during the course of their employment. The Article addresses, therefore, the apparent collision between two policies: on the one hand, the federal government has a compelling interest in vigorously pursuing those contractors who defraud it; on the other hand, the government has an interest in not encouraging its own investigators to enrich themselves by bringing personal suits for damages against the target of their investigations.

The Revolution That Wasn't: On The Business As Usual Aspects Of Employment At Will, Sid L. Moller

University of Richmond Law Review

With a pronouncement that has become quite familiar to those who follow employment law, a nineteenth century state court captured the employment at will rule in its pristine form: "An employer can fire an employee for good reason, bad reason or for a reason morally wrong, without incurring any liability."

The North American Free Trade Agreement: The Sale Of U.S. Industry To The Lowest Bidder, William Cunningham, Segundo Mercado-Liorens

Hofstra Labor & Employment Law Journal

No abstract provided.

North American Free Trade And Labor Issues: Accomplishments And Challenges, Shellyn G. Mccaffrey

Hofstra Labor & Employment Law Journal

No abstract provided.

Economists' Assessments Of The Likely Employment And Wage Effects Of The North American Free Trade Agreement, William E. Spriggs, James Stanford

Hofstra Labor & Employment Law Journal

No abstract provided.

The Environmental Implications Of A North American Free Trade Agreement, James P. Duffy Iii

Hofstra Labor & Employment Law Journal

No abstract provided.

Labor Force Recomposition And Industrial Restructuring In Electronics: Implications For Free Trade, M. Patricia Fernandez-Kelly

Hofstra Labor & Employment Law Journal

No abstract provided.

Merk V. Jewel Food Stores: The Parol Evidence Rule Applied To Collective Bargaining Agreements - A Trend Toward More Formality In The Name Of National Labor Policy?, Anthony Carabba

Hofstra Labor & Employment Law Journal

No abstract provided.

The Nlrb Takes Notice To The Max In Paramax, Dennis M. Devaney, Susan E. Kehoe

Hofstra Labor & Employment Law Journal

No abstract provided.

The Bush Nlrb In Perspective: Does The Playing Field Need Leveling?, Clifford R. Oviatt Jr.

Hofstra Labor & Employment Law Journal

No abstract provided.

Workers' Compensation And Sexual Harassment In The Workplace: A Remedy For Employees, Or A Shield For Employers?, Ruth C. Vance

Hofstra Labor & Employment Law Journal

No abstract provided.

Once Is Enough: Evaluating When A Person Is Substantially Limited In Her Ability To Work, R. Bales

Hofstra Labor & Employment Law Journal

No abstract provided.

Overqualified, Unqualified Or Just Right: Thinking About Age Discrimination And Taggart V. Time, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

Making The Teamsters Safe For Democracy, George Kannar

Journal Articles

No abstract provided.

Employment-Based Preferences Categories: An Effort To Simplify Has Resulted In More Paperwork, Vishwa B. Bhargava

University of Richmond Law Review

With the passage of the Immigration Act of 19901 ("the Act"), employment-based and family-sponsored immigration underwent sweeping and dramatic reforms. By implementing new criteria for both these areas of immigration, the Act sought to realize its new policy of strengthening American competitiveness in the global economy and to reinforce its prior policy of favoring family reunification. The Act, which was signed into law by President Bush on November 29, 1990, and went into effect on October 1, 1991, "represents the culmination of a decade-long reform process that began with the Select Commission on Immigration and Refugee Policy in 1979." The …