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Georgetown University Law Center

2008

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Full-Text Articles in Social and Behavioral Sciences

A Sampling Of Workplace Flexibility Laws And Programs For Military Personnel, Workplace Flexibility 2010, Georgetown University Law Center Dec 2008

A Sampling Of Workplace Flexibility Laws And Programs For Military Personnel, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

A variety of laws, policies, and programs govern the availability and utilization of workplace flexibility in the military as an employer for both service members and civilians. This document provides examples of those laws, policies, and programs, categorized by the type of flexibility governed.


An Overview Of Userra And The Fmla's Provisions For Military Families, Workplace Flexibility 2010, Georgetown University Law Center Dec 2008

An Overview Of Userra And The Fmla's Provisions For Military Families, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

Two federal laws offer employment protections specifically to service members and their families. This is a summary of these laws, the USERRA and provisions of the FMLA.


Extended Time Off Overview, Workplace Flexibility 2010, Georgetown University Law Center Nov 2008

Extended Time Off Overview, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Workplace Flexibility 2010 defines Extended Time Off (EXTO) as time taken off from work for a single reason that extends for more than five days but less than one year.

EXTO may be brief in nature (e.g., a few weeks), when taken, for example, for a vacation, to recover from minor surgery, or to comply with a public health quarantine request. EXTO may also be longer in nature (e.g., a month or more), when taken, for example, for maternity/paternity purposes, for elder care, for military duty, or for a sabbatical from work.

EXTO (either brief or prolonged) may be unpaid …


Fact Sheet On Extended Time Off (Exto), Workplace Flexibility 2010, Georgetown University Law Center, Urban Institute Nov 2008

Fact Sheet On Extended Time Off (Exto), Workplace Flexibility 2010, Georgetown University Law Center, Urban Institute

Memos and Fact Sheets

The Need for Extended Time Off (EXTO):

  1. New children: More women and mothers are working, and there is an increase in the number of couples with children in which both parents work.
  2. Health issues: According to a 2000 survey of employees regarding the Family & Medical Leave Act (FMLA), among those who took FMLA leave, more than half, 52.4%, of workers used the leave to attend to their own health conditions. Thirteen percent reported taking leave to care for a parent and nearly 12% reported using leave to care for an ill child.
  3. The need for paid EXTO: Despite the …


A Sovereign Wealth Turn, Anna Gelpern Sep 2008

A Sovereign Wealth Turn, Anna Gelpern

Georgetown Law Faculty Publications and Other Works

On September 2, 2008, a group of leading sovereign wealth funds (SWFs) agreed on generally accepted principles and practices. The process that created the so-called Santiago Principles is important in its own right, as a milestone on the way to what might become international financial architecture. Since SWFs rose to prominence two years ago, they have been trapped in sterile domestic arguments between national security and open investment. These have obscured SWFs' significance and the governance challenge they present. The challenge reflects the power shifts and culture clashes of financial integration, which, thanks to capital flow reversals, no longer looks …


Friends Newsletter, September, 2008, Georgetown University Law Center Sep 2008

Friends Newsletter, September, 2008, Georgetown University Law Center

Edward Bennett Williams Law Library Friends Newsletter

No abstract provided.


Lower-Wage Workers And Flexible Work Arrangements, Anna Danziger, Shelley Waters Boots Jul 2008

Lower-Wage Workers And Flexible Work Arrangements, Anna Danziger, Shelley Waters Boots

Memos and Fact Sheets

Workers at all levels within an organization have the need to manage their work and personal/family responsibilities. Much of the past research on workplace flexibility has focused on managerial or professional positions, and thus, higher-wage jobs and workers with higher incomes. But more recently, researchers have begun to investigate the particular challenges of workplace flexibility for workers who do not fit this mold -- specifically, workers who are hourly, receive a lowerwage, or who live in lower-income families. Regardless of how they are defined, workers at the lower end of the wage and income spectrum have some unique workplace flexibility …


Short Term Time Off: What We Know, Anna Danziger, Shelley Waters Boots Jul 2008

Short Term Time Off: What We Know, Anna Danziger, Shelley Waters Boots

Memos and Fact Sheets

Short Term Time Off (STO) refers to job-protected time away from the workplace to address anticipated or unexpected needs of limited duration. STO may be scheduled or unscheduled, depending on the underlying need. STO enables workers to address both the routine and emergency situations that occur in everyday life.

The need for STO may arise, for example, because a worker or worker’s child is sick or has a routine doctor’s appointment, because a worker has to wait for the plumber or apply for public benefits or go to court, or because a worker needs to attend a school conference or …


Dear Colleague Letter From Reps. Emanuel Cleaver And Mark Souder, Emanuel Cleaver, Mark Souder Jun 2008

Dear Colleague Letter From Reps. Emanuel Cleaver And Mark Souder, Emanuel Cleaver, Mark Souder

Briefings, Hearings, and Congressional Study Group

Dear Colleague letter written by members of Congress, Emanuel Cleaver and Mark Souder for the event: Workplace Flexibility and Religion held June 6, 2008.


The Lives Of Hourly Workers And Their Families, Maureen Perry-Jenkins Phd May 2008

The Lives Of Hourly Workers And Their Families, Maureen Perry-Jenkins Phd

Conferences, Panels, and Events

A presentation: Workplace Conditions and the Lives of Hourly Workers and their Families by Maureen Perry-Jenkins, PhD, University of Massachusetts Amherst on behalf of Workplace Flexibility 2010.


Letter Of Invitation, Workplace Flexibility 2010, Georgetown University Law Center May 2008

Letter Of Invitation, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

A letter of invitation to the 2008 conference for grantees of the Alfred P. Sloan Foundation's Workplace, Work Force, and Working Families Program hosted by Workplace Flexibility 2010.


The Economics Of Flexible Work Arrangements, Lonnie Golden Phd May 2008

The Economics Of Flexible Work Arrangements, Lonnie Golden Phd

Conferences, Panels, and Events

A presentation on the economics of Flexible Work Arrangements: OVERVIEW: FWA’s, Inflexibility and Salaried Workers and Effects on Work-Family by Lonnie Golden, PhD, Pennsylvania State University - Abington on behalf of Workplace Flexibility 2010.


Participant List, Workplace Flexibility 2010, Georgetown University Law Center May 2008

Participant List, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

A list of participants for the 2008 conference for grantees of the Alfred P. Sloan Foundation's Workplace, Work Force, and Working Families Program hosted by Workplace Flexibility 2010.


Conference Agenda, Workplace Flexibility 2010, Georgetown University Law Center May 2008

Conference Agenda, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

The agenda for the 2008 conference for grantees of the Alfred P. Sloan Foundation's Workplace, Work Force, and Working Families Program hosted by Workplace Flexibility 2010.


Panelist Biographies, Workplace Flexibility 2010, Georgetown University Law Center May 2008

Panelist Biographies, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

The biographies of panelists of the 2008 conference for grantees of the Alfred P. Sloan Foundation's Workplace, Work Force, and Working Families Program hosted by Workplace Flexibility 2010.


Low-Wage Workers, Jennifer E. Swanberg Phd May 2008

Low-Wage Workers, Jennifer E. Swanberg Phd

Conferences, Panels, and Events

A presentation: Workplace Structure and its Impact on Hourly Workers and their Families by Jennifer E. Swanberg, PhD, University of Kentucky on behalf of Workplace Flexibility 2010.


Appendix B: "Federal Employees Part-Time Career Employment Act Of 1978", Workplace Flexibility 2010, Georgetown University Law Center Apr 2008

Appendix B: "Federal Employees Part-Time Career Employment Act Of 1978", Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

A sampling of government reports on Workplace Flexibility from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.


Appendix A: "Definition Of Workplace Flexibility", Workplace Flexibility 2010, Georgetown University Law Center Apr 2008

Appendix A: "Definition Of Workplace Flexibility", Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

A definition of Workplace Flexibility from the event: Senate Special Committee on Aging Hearing held April 30, 2008 for Workplace Flexibility 2010.


Government Incentives To Change Employer Behavior, Anna Danziger, Shelley Waters Boots Apr 2008

Government Incentives To Change Employer Behavior, Anna Danziger, Shelley Waters Boots

Memos and Fact Sheets

Through various incentive mechanisms, the U.S. government has sought to shape and change the ways in which American businesses operate in a wide range of industries.

This fact sheet discuss a few examples of the ways the government can incentivize employer behavior through recognition and awards programs, and through government financing.


The Business Case For Flexible Work Arrangements, Anna Danziger, Shelley Waters Boots Apr 2008

The Business Case For Flexible Work Arrangements, Anna Danziger, Shelley Waters Boots

Memos and Fact Sheets

The business case for flexibility aims to outline the documented positive effects on businesses when they provide their workers with options to work less or to have more discretion over when, where and how their work is done.

This brief fact sheet lists some of the key findings from research on the business case for flexible work arrangements.


A Comparison Of Men’S And Women’S Access To And Use Of Fwas, Anna Danziger, Shelley Waters Boots Apr 2008

A Comparison Of Men’S And Women’S Access To And Use Of Fwas, Anna Danziger, Shelley Waters Boots

Memos and Fact Sheets

This fact sheet contains information about men's and women's access to and use of certain types of flexible work arrangements (FWAs). The data also includes information about men's and women's attitudes and preferences concerning flexibility. The data suggests far more similarities than differences in men's and women's access to and use of these FWAs.


Memo On The Impact Of The United Kingdom's Flexible Working Act, Anna Danziger, Shelley Waters Boots Apr 2008

Memo On The Impact Of The United Kingdom's Flexible Working Act, Anna Danziger, Shelley Waters Boots

Memos and Fact Sheets

Since taking effect in 2003, the United Kingdom’s Flexible Working Act has granted parents with children under the age of 6, or with disabled children under the age of 18, the right to request flexible working arrangements from their employers if they have been employed for at least 6 months. This legislation’s provisions were expanded to include employees with adult caregiving responsibilities beginning in 2007, and the government is in the process of planning formal public consultations to extend the law further to include parents of older children.i The law was enacted following a process of consultation with employees and …


Sources For Statistical Data On Flexible Work Arrangements, Shelley Waters Boots, Anna Danziger Apr 2008

Sources For Statistical Data On Flexible Work Arrangements, Shelley Waters Boots, Anna Danziger

Memos and Fact Sheets

From the Department of Labor, the best survey for flexibility data comes from the Current Population Survey (CPS). The CPS is a monthly survey of 60,000 households that provides data on the labor force, employment, unemployment, and persons not in the labor force.

The benefit of the CPS is that it is large, reliable, and the sample is carefully weighted to provide nationally representative estimates. It also has a significant amount of other data, including a large amount of information on employee characteristics, occupation and industry classifications, and work schedules. The drawbacks however, are that the questions on flexibility are …


Friends Newsletter, April, 2008, Georgetown University Law Center Apr 2008

Friends Newsletter, April, 2008, Georgetown University Law Center

Edward Bennett Williams Law Library Friends Newsletter

No abstract provided.


Constitutional Possibilities, Lawrence B. Solum Jan 2008

Constitutional Possibilities, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

What are our constitutional possibilities? The importance of this question is illustrated by the striking breadth of recent discussions, ranging from the interpretation of the United States Constitution as a guarantee of fundamental economic equality and proposals to restore the lost constitution to arguments for the virtual abandonment of structural provisions of the Constitution of 1789. Such proposals are conventionally understood as placing constitutional options on the table as real options for constitutional change. Normative constitutional theory asks the question whether these options are desirable--whether political actors (citizens, legislators, executives, or judges) should take action to bring about their plans …


Incorporation And Originalist Theory, Lawrence B. Solum Jan 2008

Incorporation And Originalist Theory, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Does the Fourteenth Amendment of the United States Constitution incorporate the Bill of Rights contained in the first eight amendments? And how should an originalist answer that question? This paper focuses on the latter question--the issues of originalist theory that are raised by judicial and scholarly debates over what is called "incorporation."

The inquiry proceeds in six parts. Part I answers the questions: "What is incorporation?" and "What is originalism?" Part II examines the theoretical framework for an investigation of incorporation that operates within the narrow confines of interpretation of the linguistic meaning text based on the assumption that the …


After The Reasonable Man: Getting Over The Subjectivity Objectivity Question, Victoria Nourse Jan 2008

After The Reasonable Man: Getting Over The Subjectivity Objectivity Question, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

This article challenges the conventional notion of the “reasonable man.” It argues that we make a category mistake when we adopt the metaphor of a human being as the starting point for analysis of the criminal law and instead offers an alternate approach based on heuristic theory, reconceiving the reasonable man as a heuristic that serves as the site for debate over majoritarian norms. The article posits that the debate over having a purely subjective standard and a purely objective standard obscures the commonsense necessity of having a hybrid standard, one which takes into account the characteristics of a particular …


A Running Start: Getting “Law Ready” During A Presidential Transition, James E. Baker Jan 2008

A Running Start: Getting “Law Ready” During A Presidential Transition, James E. Baker

Georgetown Law Faculty Publications and Other Works

We are headed for our first wartime Presidential transition in forty years. The good news is that this has prompted uncommon attention to the process of transition. The bad news is that transitions are difficult in the best of circumstances; forewarned does not always equal prepared. The United States handles transitions well on a strategic level. Strategic continuity is found in the Constitution. Transition is also part of the rhythm of government. The intelligence community, for example, has a sound tradition of briefing candidates and Presidents-elect. However, there is tactical vulnerability. An outgoing administration may hesitate to initiate all but …


Federal Grants, State Decisions, Brian Galle Jan 2008

Federal Grants, State Decisions, Brian Galle

Georgetown Law Faculty Publications and Other Works

The authority to raise and spend money is one of the most expansive and fundamental of all Congress' enumerated powers, particularly when Congress chooses to impose conditions on those who wish to receive its cash. The consensus modern view of this conditional spending is that its unfettered use threatens the diversity and accountability goals of our federalism. As a result, nearly all commentators support either direct or indirect judge-made limits on conditional spending. These claims, I argue, rest on a set of largely unexamined assumptions about the political motivations, budgetary situation, and incentives of the state officials who must decide …


Domestic Bonds, Credit Derivatives, And The Next Transformation Of Sovereign Debt, Anna Gelpern Jan 2008

Domestic Bonds, Credit Derivatives, And The Next Transformation Of Sovereign Debt, Anna Gelpern

Georgetown Law Faculty Publications and Other Works

Not long ago, financial markets in most poor and middle-income countries were shallow to nonexistent, and closed to foreigners. Governments often had to rely on risky borrowing abroad; the private sector had even fewer options. But between 1995 and 2005, domestic debt in the emerging markets grew from $1 trillion to $4 trillion. In Mexico, domestic debt went from just over 20% of the total government debt stock in 1995 to nearly 80% in 2007. Foreign and local investors are buying. Over the same period, derivative contracts to transfer emerging market credit risk surpassed the market capitalization of the benchmark …