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Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Leon Friedman 2014 Touro University Jacob D. Fuchsberg Law Center

Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Leon Friedman

Touro Law Review

No abstract provided.


"Without Good Cause": The Case For A Standard-Based Approach To Determining Worker Qualification For Unemployment Benefits, Emily Toler 2014 University of Washington School of Law

"Without Good Cause": The Case For A Standard-Based Approach To Determining Worker Qualification For Unemployment Benefits, Emily Toler

Washington Law Review

Under Washington’s Employment Security Act, workers who voluntarily quit their jobs are qualified to receive unemployment benefits only if they establish “good cause” for leaving work. For forty years, the agency that administers the statute and the courts had substantial discretion to find good cause under the statute’s flexible, standard-based approach. However, beginning in 1977, the legislature began to restrict the scope of that discretion by moving toward a rule-based approach. This trend reached its apex in 2009, when the legislature stripped the agency and the courts of all discretion and limited good cause to eleven reasons enumerated in the …


The "Moral Hazards" Of Title Vii's Religious Accomodation Doctrine, Stephen Gee 2014 Chicago-Kent College of Law

The "Moral Hazards" Of Title Vii's Religious Accomodation Doctrine, Stephen Gee

Chicago-Kent Law Review

Freedom of religion in the workplace has recently become a hot topic with regards to whether U.S. or state laws (mainly contraceptive care and treatment of same-sex, married employees’ spouses) must accommodate certain employer’s religious beliefs or else violate the employer’s constitutional right. However, before this recent employer-centric topic came to light, the main focus was on employees and to what extent employers must accommodate an employee’s religion via Title VII. Most, if not all, academic literature has argued an employer’s duty to accommodate employee’s religion is too weak under Title VII and should thus be increased to the significant …


Title Vii At Fifty Years: A Symposium, Ann C. McGinley 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Title Vii At Fifty Years: A Symposium, Ann C. Mcginley

Nevada Law Journal

No abstract provided.


Hiding The Statute In Plain View: University Of Texas Southwestern Medical Center V. Nassar, Michael J. Zimmer 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Hiding The Statute In Plain View: University Of Texas Southwestern Medical Center V. Nassar, Michael J. Zimmer

Nevada Law Journal

No abstract provided.


Lessons From The Dolphins/Richie Incognito Saga, Kerri Lynn Stone 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Lessons From The Dolphins/Richie Incognito Saga, Kerri Lynn Stone

Nevada Law Journal

No abstract provided.


Misconstruing Notice In Eeoc Administrative Processing & Conciliation, Angela D. Morrison, Angela D. Morrison 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Misconstruing Notice In Eeoc Administrative Processing & Conciliation, Angela D. Morrison, Angela D. Morrison

Nevada Law Journal

No abstract provided.


Title Vii And Diversity, Kingsley R. Browne 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Title Vii And Diversity, Kingsley R. Browne

Nevada Law Journal

No abstract provided.


Qualified Immunity For “Private” § 1983 Defendants After Filarsky V. Delia, Andrew W. Weis 2014 Georgia State University College of Law

Qualified Immunity For “Private” § 1983 Defendants After Filarsky V. Delia, Andrew W. Weis

Georgia State University Law Review

In 2012, the Supreme Court addressed private party qualified immunity in the case of Filarsky v. Delia. There, the Court found that both the historical and policy bases for immunity under § 1983 supported extending qualified immunity to outside counsel retained by a municipality. The Court noted that full-time government employees can always seek qualified immunity, so not extending it to individuals employed on some other basis would create “significant line-drawing problems . . . [which could] deprive state actors of the ability to ‘reasonably anticipate when their conduct may give rise to liability . . . .’”

This …


"Without Good Cause": The Case For A Standard-Based Approach To Determining Worker Qualification For Unemployment Benefits, Emily Toler 2014 University of Washington School of Law

"Without Good Cause": The Case For A Standard-Based Approach To Determining Worker Qualification For Unemployment Benefits, Emily Toler

Washington Law Review

Under Washington’s Employment Security Act, workers who voluntarily quit their jobs are qualified to receive unemployment benefits only if they establish “good cause” for leaving work. For forty years, the agency that administers the statute and the courts had substantial discretion to find good cause under the statute’s flexible, standard-based approach. However, beginning in 1977, the legislature began to restrict the scope of that discretion by moving toward a rule-based approach. This trend reached its apex in 2009, when the legislature stripped the agency and the courts of all discretion and limited good cause to eleven reasons enumerated in the …


The Trouble With Torgerson: The Latest Effort To Summarily Adjudicate Employment Discrimination Cases, Theresa M. Beiner 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Trouble With Torgerson: The Latest Effort To Summarily Adjudicate Employment Discrimination Cases, Theresa M. Beiner

Nevada Law Journal

No abstract provided.


How The Nlrb's Light Still Shines On Anti-Discrimination Law Fifty Years After Title Vii, Michael Z. Green 2014 Texas A & M University School of Law

How The Nlrb's Light Still Shines On Anti-Discrimination Law Fifty Years After Title Vii, Michael Z. Green

Nevada Law Journal

No abstract provided.


Defying "Common Sense?": The Legitimacy Of Applying Title Vii To Employer Criminal Records Policies, Tammy R. Pettinato 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Defying "Common Sense?": The Legitimacy Of Applying Title Vii To Employer Criminal Records Policies, Tammy R. Pettinato

Nevada Law Journal

No abstract provided.


University Of Texas Southwestern Medical Center V. Nassar: Undermining The National Policy Against Discrimination, Matthew A. Krimski 2014 University of Maryland Francis King Carey School of Law

University Of Texas Southwestern Medical Center V. Nassar: Undermining The National Policy Against Discrimination, Matthew A. Krimski

Maryland Law Review Online

No abstract provided.


Civil Rights And Related Decisions, Eileen Kaufman 2014 Touro Law School

Civil Rights And Related Decisions, Eileen Kaufman

Touro Law Review

No abstract provided.


Ledbetter V. Goodyear Tire & Rubber Co., Derrick A. Bell Jr. 2014 New York University School of Law

Ledbetter V. Goodyear Tire & Rubber Co., Derrick A. Bell Jr.

Touro Law Review

No abstract provided.


An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky 2014 Duke University Law School

An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Disorganized Labor: Is Knox V. Seiu The Nail In The Coffin For Public Sector Unions?, John Stanley 2014 Pepperdine University

Disorganized Labor: Is Knox V. Seiu The Nail In The Coffin For Public Sector Unions?, John Stanley

Journal of the National Association of Administrative Law Judiciary

This note offers a brief history of public sector unions in America and introduces the reader to the Service Employees International Union (SEIU) and its role as a political player. It then lays the legal foundation on which Knox rests and examines the Knox decision itself. This note concludes that Knox is a significant event in the long-term decline of organized public sector labor, which is bound to dwindle along with unionized labor generally.


Christopher V. Smithkline Beecham Corporation: A Tough Pill To Swallow For Pharmaceutical Sales Representatives?, Hsuan Li 2014 Pepperdine University

Christopher V. Smithkline Beecham Corporation: A Tough Pill To Swallow For Pharmaceutical Sales Representatives?, Hsuan Li

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Mary Poppins Problem: Enforcing Protective Legislation For Domestic Workers In America, Anna Pickrell 2014 Student

The Mary Poppins Problem: Enforcing Protective Legislation For Domestic Workers In America, Anna Pickrell

Sociology Honors Projects

State-level legislation to advance employment rights for domestic workers is on the rise in the United States, but implementation is largely ineffective due to a lack of representation on behalf of employees. This study analyzes the roles of two specific types of organizations — public policy networks pushing legislation for domestic workers and employment agencies placing workers into jobs — to better understand how enforcement of existing laws in this field can be improved through the services that protective organizations provide. Can domestic workers rely on these groups to secure their rights when individual employers may not, or do they …


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