Labor and Employment Law Commons^™

Ncaa Division I Transfers “Are Now Basically Screwed”: The Battle Against The Ncaa’S Year In Residence Rule In The Seventh Circuit, Joseph W. Schafer

Buffalo Law Review

No abstract provided.

Compensating Work-Related Disability: Theory, Politics And History Of The Commodification-Decommodification Dialectic, Eric Tucker

Articles & Book Chapters

In 2015, the last year for which we have complete Canadian data, workers' compensation boards recognized that 852 Canadian workers died from work-related injuries and diseases and 232,629 workers experienced disabling injuries requiring them to take time off work. About 13 percent of those injured will have permanent disabilities of varying severity.These figures significantly underestimate the true burden of work-related disability for at least three reasons. First, the percentage of the paid Canadian workforce covered by workers' compensation has been shrinking. In 2008, it was estimated to stand at about 80 percent, although coverage bounced back to about 85 percent …

Combating Discrimination Against The Formerly Incarcerated In The Labor Market, Angela Onwuachi-Willig, Ifeoma Ajunwa

Faculty Scholarship

Both discrimination by private employers and governmental restrictions in the form of statutes that prohibit professional licensing serve to exclude the formerly incarcerated from much of the labor market. This Essay explores and analyzes potential legislative and contractual means for removing these barriers to labor market participation by the formerly incarcerated. First, as a means of addressing discrimination by the state, Part I of this Essay explores the ways in which the adoption of racial impact statements — which mandate that legislators consider statistical analyses of the potential impact their proposed legislation may have on racial and ethnic groups prior …

Breaking Dichotomies At The Core Of Employment Discrimination Law, William Corbett

Journal Articles

No abstract provided.

Take Me Out Of The Ballgame, Take Me Out To The Free Market: An Analysis Of Midterm Contract Renegotiation In Major League Baseball, Aaron Bretter

Cardozo International & Comparative Law Review

The note argues that mid-term contract renegotiations in Major League Baseball (MLB) should be permitted under specific legal doctrines, such as efficient breach, changed circumstances, and duress. It advocates for a more dynamic and equitable system where player compensation aligns with current performance, balancing fairness for players and practical considerations for teams. While the theory of efficient breach is intriguing, the doctrine of changed circumstances is posited as the most viable legal remedy for renegotiation, particularly when a player's performance significantly exceeds initial expectations.

Legal Strategies For Economic Empowerment Of Persons In Recovery, Lauren Rogal

Vanderbilt Law School Faculty Publications

Substance use disorders, which afflict nearly 8% of the U.S. population,' exact a devastating human and economic toll. The opioid epidemic has caused overdose deaths to quadruple since 1999.2 In 2013 alone, the epidemic imposed an economic burden of over $78.5 billion, including $28.9 billion in spending on health care and substance abuse treatment. These burdens increasingly fall on rural and under-resourced areas, particularly in the Appalachian region. The crisis has evoked a range of policy reforms to prevent addiction, investments in treatment for sufferers, and lawsuits against purveyors of addictive substances.

Deconstructing The Dao: The Need For Legal Recognition And The Application Of Securities Laws To Decentralized Organizations, Laila Metjahic

Cardozo Law Review

This Note will begin with background information on the construction of a blockchain and its function in decentralized organizations like the DAO, followed by a discussion on smart contracts and their role in decentralized organizations and the DAO. This Note will then analyze the legal status of partnerships and joint ventures. This Note proposes that the U.S. legal system must clarify the legal status of these organizations and as such should classify the DAO as a general partnership. Assuming the DAO is a general partnership, the question arises as to whether shareholders in the DAO have interests that would be …

Love For Sale: Book Review Of Marcia A. Zug, Buying A Bride: An Engaging History Of Mail-Order Matches, Jeanne L. Schroeder

Cardozo Law Review

No abstract provided.

Rape In Context: Lessons For The United States From The International Criminal Court, Caroline Davidson

Cardozo Law Review

The law of rape is getting a rewrite. Domestically and internationally, major efforts are underway to reform rape laws that have failed to live up to their promises of seeking justice for victims and deterring future sexual violence. The cutting edge of international criminal law on rape eschews inquiries into consent and instead embraces an examination of coercion or a coercive environment. By contrast, in the United States, rape reform discussions typically center on consent. The American Law Institute's proposed overhaul of the Model Penal Code's provision on sexual assault carves out a middle ground and introduces, in addition to …

Collaborative Enforcement, Andrew Elmore

Faculty Scholarship

Labor standards enforcement in the low-wage workplace has long suffered from a lack of capacity, expertise and remedies that blunt the impact of public and private enforcers alike. The question of how to address these pathologies in state and local workplace regulation has gained new urgency with the virtual explosion of regional labor lawmaking and the deregulatory impulses of the new federal administration.

This Article identifies collaboration between state and local agencies and private, public interest organizations (“PIOs”) as one pathway to address these enforcement gaps, by amplifying the deterrent effect of public and private enforcement and 1 by improving …

Some Issues Of Improving The Labor Law Of The Republic Of Uzbekistan, M.A. Usmanova

Review of law sciences

The article deals with the issues of rest period, basic leave, which are the main types of rest period, the order of their provision for hired workers in labor legislation

Apprenticeship- As A Form Of Vocational Training For Young Women In Student, D.S. Atajanova

Review of law sciences

the article analyzes the legal concept of apprenticeship and labour relationships on apprenticeship contract. Identified the specific features of legal relationship on apprenticeship among women. Attention is paid to the peculiarities of conclusion and termination of apprenticeship contract. Identified gaps in the legislation governing this group of relationships. Investigated the tendencies of development of national labor legislation.

Problems Of Legal Regulation Of Differentiation In The Labor Sphere, Sh.A. Ismailov

Review of law sciences

The article considers the questions of differentiation in the labour sphere, certain categories of employees and regulation peculiarities of their work, and comparative analysis of the differentiation norms of the labour legislation of the Republic of Uzbekistan.

The Issues Of Improving The Basics Of Working On Situations Beyond The Will Of The Parties, B.D. Raximberganova

Review of law sciences

This article analyzes the current legislation of the Republic of Uzbekistan, which regulates the grounds of termination of the labour contract under circumstances beyond control of parties. Proposals, recommendations, as well as scientific and practical conclusions on the improvement of legislation have been developed.

Survey Of (Mostly Outdated And Often Ineffective) Laws Affecting Work-Related Monitoring, Robert Sprague

Chicago-Kent Law Review

This article reviews various laws that affect work-related monitoring. It reveals that most of our privacy laws were adopted well before smartphones and the Internet became ubiquitous; they still hunt for physical secluded locations; and, because they are based on reasonable expectations of privacy, they can easily be circumvented by employer policies that eliminate that expectation by informing workers they have no right to privacy in the workplace. This article concludes that the future—indeed the present—does not bode well for worker privacy.

Reconsidering The Immutability Of "Race": An Examination Of The Disconnect Between "Race" In Title Vii Jurisprudence And Social Science Literature, Natalie Tupta

Graduate Student Research Symposium

This paper discusses reconceptualizing racial discrimination under Title VII of the Civil Rights Act in light of modern social science theories on racial identity. Title VII prohibits employment discrimination on the basis of race, color, religion, sex, or national origin, and the judiciary calls these bases for discrimination “protected classes.” To bring a successful legal claim under Title VII, a person must demonstrate that she actually belongs to a protected class. In the case of a claim of racial discrimination, this means the plaintiff must belong to a racial group based on immutable characteristics, which are traits that cannot simply …

Dignity Takings And Wage Theft, César F. Rosado Marzán

Chicago-Kent Law Review

No abstract provided.

Damaged Bodies, Damaged Lives: Immigrant Worker Injuries As Dignity Takings, Rachel Nadas, Jayesh Rathod

Chicago-Kent Law Review

Government data consistently affirms that foreign-born workers in the U.S. experience high rates of on-the-job illness and injury. This article explores whether—and under what circumstances—these occupational harms suffered by immigrant workers constitute a dignity taking. The article argues that some injuries suffered by foreign-born workers are indirect takings by the state due to the government’s lackluster oversight and limited penalties for violations of occupational safety and health laws. Using a framework of the body as property, the article then explores when work-related injury constitutes an infringement upon a property right. The article contends that the government’s weak enforcement apparatus, coupled …

Taking Note Of Notary Employees: Employer Liability For Notary Employee Misconduct, Nancy Perkins Spyke

Maine Law Review

The law of agency governs the relations between principals, agents, and third persons. A portion of that body of law deals with the liabilities that arise when an agent causes harm to a third party. Situations in which negligent employees cause harm to their employers' customers are ripe for the application of standard agency principles. Those principles dictate that the employer will be liable for the tort of an employee if the tort is committed in the scope of employment. The Restatement (Second) of Agency and case law provide many illustrations. If an employer directs an employee to perform a …

The Pregnancy Discrimination Act: Legitimating Discrimination Against Pregnant Women In The Workforce, Judith G. Greenberg

Maine Law Review

The Pregnancy Discrimination Act (PDA) has been effective in making the most egregious and obvious forms of pregnancy discrimination illegal. Unfortunately, the PDA has also acted as a shield behind which employers can hide as they discriminate against their pregnant employees. The result is that the PDA permits discrimination based on the very sort of stereotyping that it was expected to eradicate. There are two dominant stereotypes of pregnant women. Both are inconsistent with the image of a good worker. One stereotype connects pregnant women with the home. In one form or another it says, “Pregnant women are/should be preoccupied …