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Articles 8341 - 8370 of 11178

Full-Text Articles in Labor and Employment Law

Race, Reform, And Retrenchment: Transformation And Legitimation In Antidiscrimination Law, Kimberlé W. Crenshaw Jan 1988

Race, Reform, And Retrenchment: Transformation And Legitimation In Antidiscrimination Law, Kimberlé W. Crenshaw

Faculty Scholarship

Recent works by neoconservatives and by Critical legal scholars have suggested that civil rights reforms have been an unsuccessful means of achieving racial equality in America. In this Article, Professor Crenshaw considers these critiques and analyzes the continuing role of racism in the subordination of Black Americans. The neoconservative emphasis on formal colorblindness, she argues, fails to recognize the indeterminacy of civil rights laws and the force of lingering racial disparities. The Critical scholars, who emphasize the legitimating role of legal ideology and legal rights rhetoric, are substantially correct, according to Professor Crenshaw, but they fail to appreciate the choices …

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Challenges To Arbitrability In Federal Sector Grievance Cases, Dr. Mollie H. Bowers Jan 1988

Challenges To Arbitrability In Federal Sector Grievance Cases, Dr. Mollie H. Bowers

Hofstra Labor & Employment Law Journal

No abstract provided.

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The American Experience Under The Airline Deregulation Act Of 1978 - An Airline Perspective, Michael A. Katz Jan 1988

The American Experience Under The Airline Deregulation Act Of 1978 - An Airline Perspective, Michael A. Katz

Hofstra Labor & Employment Law Journal

No abstract provided.

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Test Defamation In The Workplace: False Positive Results In Detecting Lies, Aids, Or Drug Use, Elaine W. Shoben Jan 1988

Test Defamation In The Workplace: False Positive Results In Detecting Lies, Aids, Or Drug Use, Elaine W. Shoben

Scholarly Works

Workplace tests given to applicants or employees can be divided into two general types: (1) Tests with results that measure ability or performance on a continuous, comparative scale and (2) tests with essentially dichotomous results indicating the truth or falsity of some fact about the worker. Aptitude tests or quantified supervisorial ratings fall into the first category. They have been the subject of substantial litigation brought primarily under Title VII of the Civil Rights Act of 1964. In contrast, the second category of workplace tests has received comparatively little judicial attention. This group includes drug tests, other medical tests such …

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Catholic Labor Theory And The Transformation Of Work, David L. Gregory Jan 1988

Catholic Labor Theory And The Transformation Of Work, David L. Gregory

Washington and Lee Law Review

No abstract provided.

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Compelled Self-Publication In The Employment Context: A Consistent Exception To The Defamation Requirement Of Publication Jan 1988

Compelled Self-Publication In The Employment Context: A Consistent Exception To The Defamation Requirement Of Publication

Washington and Lee Law Review

No abstract provided.

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Equal Pay Acts: A Survey Of Experience Under The British And American Statutes, Robert N. Covington Jan 1988

Equal Pay Acts: A Survey Of Experience Under The British And American Statutes, Robert N. Covington

Vanderbilt Journal of Transnational Law

The United States Congress passed the Equal Pay Act in 1963 as an amendment to the Fair Labor Standards Act. Its British parallel, the Equal Pay Act 19702, took effect at the very end of 1975 and was much amended by the Sex Discrimination Act 1975. The five year delay between enactment and enforcement provided time for employers and labor unions to adjust to the new requirements. The drafters of the British statute were aware of the United States statute, and United States cases interpreting that act were relied on quite early in United Kingdom litigation. Now that the British …

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Coping And Planning For Uncertainties In The Development Of Exceptions To The Employment-At-Will Doctrine, Robert J. Churilla Jan 1988

Coping And Planning For Uncertainties In The Development Of Exceptions To The Employment-At-Will Doctrine, Robert J. Churilla

Cleveland State Law Review

This Article will focus on how an employer can cope and plan for uncertainties in discharging an employee. After giving a general overview of the employment-at-will doctrine and the development of legal exceptions to its application, the discussion will center on four areas in which employers must address a changing relationship with its employees. These four areas include the planning of employment handbooks, job evaluations, developing personnel policies and planning for wrongful discharge litigation. The Article will conclude with some observations and thoughts on the benefits of coping with and planning for uncertainties in this area of employer-employee relations.

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Honorable Frank A. Gulotta Lecture Nassau County Bar Association January 28, 1987, Eric J. Schmertz Jan 1988

Honorable Frank A. Gulotta Lecture Nassau County Bar Association January 28, 1987, Eric J. Schmertz

Hofstra Labor & Employment Law Journal

No abstract provided.

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The Prohibition Of Religious Observances In The Workplace, Dean B. Ziegel Jan 1988

The Prohibition Of Religious Observances In The Workplace, Dean B. Ziegel

Hofstra Labor & Employment Law Journal

No abstract provided.

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Deregulation And Labour Law In The United States, Samuel M. Kaynard Jan 1988

Deregulation And Labour Law In The United States, Samuel M. Kaynard

Hofstra Labor & Employment Law Journal

No abstract provided.

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The British And American Experiences From The Perspective Of A Neutral, Eric J. Schmertz Jan 1988

The British And American Experiences From The Perspective Of A Neutral, Eric J. Schmertz

Hofstra Labor & Employment Law Journal

No abstract provided.

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Deregulation, Flexibility And Individual Labour Law In The United Kingdom, Brian Napier Jan 1988

Deregulation, Flexibility And Individual Labour Law In The United Kingdom, Brian Napier

Hofstra Labor & Employment Law Journal

No abstract provided.

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Deregulating Labour Markets And Industrial Relations In British And United States Construction, Stephen Evans, Roy Lewis Jan 1988

Deregulating Labour Markets And Industrial Relations In British And United States Construction, Stephen Evans, Roy Lewis

Hofstra Labor & Employment Law Journal

No abstract provided.

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Deregulation And Labour Law In Britain And Western Europe, Professor Lord Wedderburn Fba Jan 1988

Deregulation And Labour Law In Britain And Western Europe, Professor Lord Wedderburn Fba

Hofstra Labor & Employment Law Journal

No abstract provided.

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Improving Handicappers' Civil Rights In Michigan--Preventing Discrimination Through Accommodation, Aldebaran Bouse Enloe Jan 1988

Improving Handicappers' Civil Rights In Michigan--Preventing Discrimination Through Accommodation, Aldebaran Bouse Enloe

University of Michigan Journal of Law Reform

Part I of this Note explains the development of· the current state of handicappers' civil rights law in Michigan, beginning with legislative initiatives and progressing to administrative and judicial decisions. Part II analyzes traditional antidiscrimination theory and suggests how that theory can be adapted to handicappers. By examining hypothetical situations, Part III exposes the disparity between the current state of the law in Michigan and the proposed theoretical analysis and suggests amendments to the MHCRA to reconcile this disparity.

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Images Of Violence In Labor Jurisprudence: The Regulation Of Picketing And Boycotts, 1894-1921, Dianne Avery Jan 1988

Images Of Violence In Labor Jurisprudence: The Regulation Of Picketing And Boycotts, 1894-1921, Dianne Avery

Journal Articles

No abstract provided.

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Firing Employees For Refusing To Submit To Urinalysis: The Case For A Uniform Standard Of Reasonable Individualized Suspicion, Gloria L. Freye Jan 1988

Firing Employees For Refusing To Submit To Urinalysis: The Case For A Uniform Standard Of Reasonable Individualized Suspicion, Gloria L. Freye

University of Richmond Law Review

Submitting to an employer's demand for a urinalysis test to detect ingestion of drugs means laying your privacy, reputation, career, livelihood and possibly your freedom1 on the line. The chances of being asked to submit to a urinalysis or a polygraph test pursuant to employment are well within the realm of possibility. Virginia Electrical Power Company ("Virginia Power"), the fifth largest employer in Virginia, utilizes both urinalysis and polygraphs as investigative tools. Thus, it is foreseeable that a situation may develop where an employee is fired for refusing to submit to a urinalysis test. This Note focuses on issues that …

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Prevention Of Antiunion Discrimination In The United States, Theodore J. St. Antoine Jan 1988

Prevention Of Antiunion Discrimination In The United States, Theodore J. St. Antoine

Articles

Nearly all rank-and-file employees in private businesses of any substantial size in the United States are protected by federal law against antiunion discrimination. The Railway Labor Act applies to the railroad and airline industries. The National Labor Relations Act (NLRA) applies to all other businesses whose operations "affect [interstate] commerce" in almost any way. Supervisory and managerial personnel, domestic servants, and agricultural workers are excluded from this federal scheme. Separate federal law covers the employees of the federal government. About thirty of the fifty states have statutes ensuring the right to organize on the part of some or most of …

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Divided We Stand: Concerted Activity And The Maturing Of The Nlra, B. Glenn George Jan 1988

Divided We Stand: Concerted Activity And The Maturing Of The Nlra, B. Glenn George

Faculty Publications

No abstract provided.

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A Comparative Analysis Of Unfair Dismissal Law With Particular Reference To The Law As It Pertains To The South African Worker, Haydn T. Hillestad Jan 1988

A Comparative Analysis Of Unfair Dismissal Law With Particular Reference To The Law As It Pertains To The South African Worker, Haydn T. Hillestad

LLM Theses and Essays

This paper will begin with an investigation of the activity of the International Labour Organization (ILO) in domestic employment laws. Using this as a yardstick, a comparative analysis of the unfair dismissal laws of the United States and some foreign countries (mainly Western European) will be undertaken. Finally, the issue will be addressed in the South African context. An assessment will be made of the relative quality of the protection afforded workers in South Africa and, using conclusions reached from the comparative study, the validity of calls for a general unfair dismissal statute in the country will be considered.

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Of Time Limits, Worksharing And Deferral: An Analysis Of Eeoc V. Commercial Office Products Co., Barbara J. Fick Jan 1988

Of Time Limits, Worksharing And Deferral: An Analysis Of Eeoc V. Commercial Office Products Co., Barbara J. Fick

Journal Articles

This article previews the Supreme Court case EEOC v. Commercial Office Products Co., 486 U.S. 107 (1988). The author expected the Court to address the following issue: When a state civil rights agency decides to defer processing an employment discrimination charge to the EEOC, has the agency "terminated" its proceedings so that the charge will be deemed filed with the EEOC for purposes of calculating the statute of limitations?

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When Enough Is Too Much: Overcollateralization As A Fraudulent Conveyance, Richard J. Sabella Dec 1987

When Enough Is Too Much: Overcollateralization As A Fraudulent Conveyance, Richard J. Sabella

Cardozo Law Review

No abstract provided.

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Is Fraudulent Conveyance Law Efficient?, David G. Carlson Dec 1987

Is Fraudulent Conveyance Law Efficient?, David G. Carlson

Cardozo Law Review

No abstract provided.

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Re Canada Post Corp And Cupw (Gallie), Innis Christie Nov 1987

Re Canada Post Corp And Cupw (Gallie), Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties in respect of the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, which expired September 30, 1986 and remained in force pursuant to the extention provisions of the Canada Labour Code, and in particular Article 10, in that the Employer released the grievor from employment allegedly without just, reasonable or sufficient cause. The Union requests that the grievor be reinstated and reimbursed for any lost rights, benefits or earnings and that all reports, letters and documents relating to this matter be removed from her personal …

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At-Will Employment And The Handsome American: A Case Study In Law And Social Psychology, Theodore J. St. Antoine Nov 1987

At-Will Employment And The Handsome American: A Case Study In Law And Social Psychology, Theodore J. St. Antoine

Other Publications

The past decade has seen a genuine revolution in employment law, as some forty American jurisdictions, in square holdings or strong dictum and on one or more diverse theories, have modified the conventional doctrine whereby employers "may dismiss their employees at will...for good cause, for no cause or even for cause morally wrong." In this paper I shall briefly review the theories most frequently invoked by the courts in dealing with wrongful dismissal and indicate their deficiencies as a permanent solution for the problem. Next, I shall summarize the major arguments for and against the doctrine of employment at will. …

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Webster V. Doe, Lewis F. Powell, Jr. Oct 1987

Webster V. Doe, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

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California Federal Savings & Loan Association V. Guerra, 107 S. Ct. 683 (1987), Cathy Miller Seilers Oct 1987

California Federal Savings & Loan Association V. Guerra, 107 S. Ct. 683 (1987), Cathy Miller Seilers

Florida State University Law Review

Employment Law/Constitutional Law-STATE LAWS PERMITTING PREFERENTIAL TREATMENT OF PREGNANT EMPLOYEES UNDER THE PREGNANCY DISCRIMINATION ACT

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The Vote And Impound Procedure: Not Always A Guardian Of Employee Free Choice, Vilda Samuel Laurin Iii Oct 1987

The Vote And Impound Procedure: Not Always A Guardian Of Employee Free Choice, Vilda Samuel Laurin Iii

Indiana Law Journal

No abstract provided.

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The Judicial Performance Of Robert H. Bork In Administrative And Regulatory Law, Richard B. Stewart Oct 1987

The Judicial Performance Of Robert H. Bork In Administrative And Regulatory Law, Richard B. Stewart

Cardozo Law Review

No abstract provided.

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