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On Constitutional Identity And The Loyalties Of The Constitutional Judge, András Sajó 2019 Central European University, Budapest

On Constitutional Identity And The Loyalties Of The Constitutional Judge, András Sajó

Cardozo Law Review

The following remarks consider the relation of judicial loyalty and constitutional identity. These two concepts were always of great interest to Arthur Jacobson's scholarship and their combined discussion is not only necessitated by certain constitutional developments in this age's return to nationalist sovereignty but is a token of Arthur's appreciation.


The Oppressive Pressures Of Globalization And Neoliberalism On Mexican Maquiladora Garment Workers, Jenna Demeter 2019 The University of Tennessee, Knoxville

The Oppressive Pressures Of Globalization And Neoliberalism On Mexican Maquiladora Garment Workers, Jenna Demeter

Pursuit - The Journal of Undergraduate Research at The University of Tennessee

The international economic trends of globalization and neoliberalism have exposed and enabled the exploitation of Mexican workers, especially women in the maquiladora garment industry. During the 1950s, globalization gave rise to the new international division of labor and transnational corporations (TNCs) that have offshored labor-intensive phases of production to developing countries, many of which have pursued export-led industrialization. Export processing in Mexico was encouraged in the 1960s by Item 807 of the U.S. Tariff Code and Mexico’s Border Industrialization Program. Especially following the Latin American debt crisis of the 1980s, advanced capitalist countries and International Financial Institutions foisted neoliberal structural …


Due Process Supreme Court Appellate Division Third Department, 2019 Touro University Jacob D. Fuchsberg Law Center

Due Process Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.


What Not To Wear: Religious Dress And Workplace Policies In Europe, Sarah Lanier Flanders 2019 University of Georgia School of Law

What Not To Wear: Religious Dress And Workplace Policies In Europe, Sarah Lanier Flanders

Georgia Journal of International & Comparative Law

No abstract provided.


Trading Places: With The United States In Retreat, Who Writes The International Rules For Trade?, Austin C. Cohen 2019 University of Georgia School of Law

Trading Places: With The United States In Retreat, Who Writes The International Rules For Trade?, Austin C. Cohen

Georgia Journal of International & Comparative Law

No abstract provided.


Future Work, Jeffrey M. Hirsch 2019 University of North Carolina School of Law

Future Work, Jeffrey M. Hirsch

AI-DR Collection

The Industrial Revolution. The Digital Age. These revolutions radically altered the workplace and society. We may be on the cusp of a new era—one that will rival or even surpass these historic disruptions. Technology such as artificial intelligence, robotics, virtual reality, and cutting-edge monitoring devices are developing at a rapid pace. These technologies have already begun to infiltrate the workplace and will continue to do so at ever increasing speed and breadth.

This Article addresses the impact of these emerging technologies on the workplace of the present and the future. Drawing upon interviews with leading technologists, the Article explains the …


Algorithms At Work: Productivity Monitoring Applications And Wearable Technology As The New Data-Centric Research Agenda For Employment And Labor Law, Ifeoma Ajunwa 2019 University of North Carolina School of Law

Algorithms At Work: Productivity Monitoring Applications And Wearable Technology As The New Data-Centric Research Agenda For Employment And Labor Law, Ifeoma Ajunwa

AI-DR Collection

Recent work technology advancements such as productivity monitoring platforms and wearable technology have given rise to new organizational behavior regarding the management of employees and also prompt new legal questions regarding the protection of workers’ privacy rights. In this Essay, I argue that the proliferation of productivity monitoring applications and wearable technologies will lead to new legal controversies for employment and labor law. In Part I, I assert that productivity monitoring applications will prompt a new reckoning of the balance between the employer’s pecuniary interests in monitoring productivity and the employees’ privacy interests. Ironically, such applications may also be both …


Bostock V. Clayton County, Georgia: Brief Of Statutory Interpretation And Equality Law Scholars As Amici Curiae In Support Of The Employees, Richard Primus 2019 University of Michigan Law School

Bostock V. Clayton County, Georgia: Brief Of Statutory Interpretation And Equality Law Scholars As Amici Curiae In Support Of The Employees, Richard Primus

Appellate Briefs

Amici are law professors who specialize in statutory interpretation and/or equality law issues. Amici are well versed in this Court's statutory interpretation and Title VII precedents and have written on these issues. Although amici have otherwise diverse views, they agree that a textualist analysis compels the conclusion that discrimination against individuals because of their sexual orientation or their transgender status is a form of discrimination "because of ... sex" within the meaning of Title VII.

The question presented in these cases is whether Title VII prohibits discrimination against individuals because of their sexual orientation or their transgender status. This Court's …


R.G. & G.R. Harris Funeral Homes, Inc. V. Equal Employment Opportunity Commission: Brief Of Professors Samuel R. Bagenstos, Michael C. Dorf, Martin S. Lederman, Leah M. Litman, And Margo Schlanger As Amici Curiae In Support Of Respondent Stephens, Sameul Bagenstos, Leah Litman, Margo Schlanger 2019 University of Michigan Law School

R.G. & G.R. Harris Funeral Homes, Inc. V. Equal Employment Opportunity Commission: Brief Of Professors Samuel R. Bagenstos, Michael C. Dorf, Martin S. Lederman, Leah M. Litman, And Margo Schlanger As Amici Curiae In Support Of Respondent Stephens, Sameul Bagenstos, Leah Litman, Margo Schlanger

Appellate Briefs

Amici are legal scholars who teach and write on constitutional law and civil rights law. They submit this brief to call attention to one particular means of resolving this case that would not require the Court to determine whether Title VII prohibits discrimination against transgender individuals based upon their transgender status, as such. More broadly, amici seek to offer guidance on how to interpret Title VII in cases where employers require employees to comply with sex-specific dress, grooming, and presentation requirements in the workplace.

In order to resolve this case, it is not necessary for the Court to decide whether …


Recent Developments, Raelynn J. Hillhouse 2019 University of Michigan, Ann Arbor

Recent Developments, Raelynn J. Hillhouse

Arkansas Law Review

No abstract provided.


Vol. 36, No. 3, Melissa D. Sobota, Erin K. Walsh 2019 Chicago-Kent College of Law

Vol. 36, No. 3, Melissa D. Sobota, Erin K. Walsh

The Illinois Public Employee Relations Report

A New Day for Illinois: Expectations on the Impacts of the J. B. Pritzker Administration


Epic Systems Corp. V. Lewis: Singled Out By Corporations And A Textualist Supreme Court, American Workers Are Left To Fend For Themselves, Grace O'Malley 2019 University of Maryland Francis King Carey School of Law

Epic Systems Corp. V. Lewis: Singled Out By Corporations And A Textualist Supreme Court, American Workers Are Left To Fend For Themselves, Grace O'Malley

Maryland Law Review

No abstract provided.


Sharpening South Carolina's Blue Pencil: An Argument For Codifying A Strict Interpretation Of The Blue-Pencil Doctrine, Miranda B. Nelson 2019 University of South Carolina

Sharpening South Carolina's Blue Pencil: An Argument For Codifying A Strict Interpretation Of The Blue-Pencil Doctrine, Miranda B. Nelson

South Carolina Law Review

No abstract provided.


Joint Employment Under The Flsa, The Fourth Circuit's Decision To Be Different, Carl H. Petkoff 2019 University of South Carolina

Joint Employment Under The Flsa, The Fourth Circuit's Decision To Be Different, Carl H. Petkoff

South Carolina Law Review

No abstract provided.


Anticompetitive Mergers In Labor Markets, Ioana Marinescu, Herbert J. Hovenkamp 2019 University of Pennsylvania

Anticompetitive Mergers In Labor Markets, Ioana Marinescu, Herbert J. Hovenkamp

Indiana Law Journal

Mergers of competitors are conventionally challenged under the federal antitrust laws when they threaten to lessen competition in some product or service market in which the merging firms sell. In many of these cases the threat is that in concentrated markets—those with only a few sellers—the merger increases the likelihood of collusion or collusion-like behavior. The result will be that the post-merger firm will reduce the volume of sales in the affected market and prices will rise.

Mergers can also injure competition in markets in which the firms purchase, however. Although that principle is widely recognized, very few litigated cases …


Is Congress Holding Itself To Account? Addressing Congress's Sexual Harassment Problem And The Congressional Accountability Act Of 1995 Reform Act, Christina C. Hopke 2019 Notre Dame Law School

Is Congress Holding Itself To Account? Addressing Congress's Sexual Harassment Problem And The Congressional Accountability Act Of 1995 Reform Act, Christina C. Hopke

Notre Dame Law Review

This Note explores how the Congressional Accountability Act of 1995 ("CAA") contributed to the underreporting of the sexual harassment occurring in Congress and evaluates both the original proposals offered by the House and Senate to reform the CAA and the Reform Act in its final form. Part I will offer brief background information on the ‘me too’ Movement and the specific allegations of harassment against individuals in Congress. Part II will explore the issue of underreporting when it comes to instances of sexual harassment, with a particular focus on reporting considerations of professional women such as those employed in the …


To Protect Or Not To Protect, An Empirical Approach To Predicting Where The Fourth Circuit Would Stand On Coverage For Sexual Orientation Discrimination Under Title Vii, Mary Stuart King 2019 University of South Carolina

To Protect Or Not To Protect, An Empirical Approach To Predicting Where The Fourth Circuit Would Stand On Coverage For Sexual Orientation Discrimination Under Title Vii, Mary Stuart King

South Carolina Law Review

No abstract provided.


Bias In, Bias Out, Sandra G. Mason 2019 University of Georgia School of Law

Bias In, Bias Out, Sandra G. Mason

AI-DR Collection

Police, prosecutors, judges, and other criminal justice actors increasingly use algorithmic risk assessment to estimate the likelihood that a person will commit future crime. As many scholars have noted, these algorithms tend to have disparate racial impact. In response, critics advocate three strategies of resistance: (1) the exclusion of input factors that correlate closely with race, (2) adjustments to algorithmic design to equalize predictions across racial lines, and (3) rejection of algorithmic methods altogether.

This Article’s central claim is that these strategies are at best superficial and at worst counterproductive, because the source of racial inequality in risk assessment lies …


Thinking Slow About Abercrombie & Fitch: Straightening Out The Judicial Confusion In The Lower Courts, Bruce N. Cameron, Blaine L. Hutchison 2019 Pepperdine University

Thinking Slow About Abercrombie & Fitch: Straightening Out The Judicial Confusion In The Lower Courts, Bruce N. Cameron, Blaine L. Hutchison

Pepperdine Law Review

In Abercrombie & Fitch, the U.S. Supreme Court fundamentally changed the way that Title VII religious accommodation cases are litigated and evaluated. This paper analyzes Abercrombie, explains how the Court eliminated religious accommodation as a freestanding cause of action, and suggests an altered proof framework for plaintiffs seeking an accommodation. The paper also explores the conflict between employee privacy rights and classic proof requirements for religious sincerity. The lower courts have largely failed to apprehend the change mandated by Abercrombie, with the result that their opinions are in disarray. The paper includes a chart organizing the diverse lower court opinions.


It’S Time To Pay Up, The Justification For Higher Salaries For Wnba Players: An Analysis Of The Wnba’S Success And Employing Mediation Between The Wnba And Nba To Leverage Future Success, Lerae Ettienne 2019 Pepperdine University

It’S Time To Pay Up, The Justification For Higher Salaries For Wnba Players: An Analysis Of The Wnba’S Success And Employing Mediation Between The Wnba And Nba To Leverage Future Success, Lerae Ettienne

Pepperdine Dispute Resolution Law Journal

This comment looks at the potential positive effects that mediation can have in fostering a better relationship between the two leagues and for the WNBA and its players to get their much-deserved respect and compensation. First, the comment will go in depth regarding the structure of the WNBA, and its history to date. Next, the comment will examine the WNBA’s success despite the discrepancy in pay and the purported lack of viewership. The comment will then expound on the rise of mediation as one of the major ADR tools. Next, the comment will analyze the success of mediation in professional …


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