Bathroom Bias: Making The Case For Trans Rights Under Disability Law,
2013
University of Michigan Law School
Bathroom Bias: Making The Case For Trans Rights Under Disability Law, Daniella A. Schmidt
Michigan Journal of Gender & Law
Disability law is one of the more successful tools currently being used to protect trans people fom discrimination. While the use of disability law as a framework for affirming or creating trans rights has come with some success, many in the community remain reluctant to use disability law for fear of the policy implications and stigma associated with medicalization of trans identity. After exploring the current state of the law on both the federal and state level, this Note will argue how disability law both could and should be used more often to further trans protections. In particular, this Note …
"Public ... Since Time Immemorial": The Labor History Of Hague V. Cio,
2013
University of Miami School of Law
"Public ... Since Time Immemorial": The Labor History Of Hague V. Cio, Kenneth M. Casebeer
Articles
No abstract provided.
The Strangely Unsettled State Of Public-Sector Labor In The Past Thirty Years,
2013
Maurice A. Deane School of Law at Hofstra University
The Strangely Unsettled State Of Public-Sector Labor In The Past Thirty Years, Joseph Slater
Hofstra Labor & Employment Law Journal
This article, part of a symposium on the history of various areas of labor and employment law, gives an overview of public-sector labor law and labor relations in the past thirty years. The public sector has for decades been central to labor relations in the U.S.; increasingly, it has also acquired a high profile in the political world. Despite great successes in organizing by public-sector unions, public-sector labor law has long been in a state of tumult (including, but not limited to, high-profile laws passed in 2011 gutting the rights of such unions). Although by the 1980s, it seemed as …
The Future Of The Student Anti-Sweatshop Movement: Providing Access To U.S. Courts For Garment Workers Worldwide,
2013
CUNY School of Law
The Future Of The Student Anti-Sweatshop Movement: Providing Access To U.S. Courts For Garment Workers Worldwide, Allison Robbins
Publications and Research
No abstract provided.
Revitalizing State Employment Discrimination Law,
2013
University of Cincinnati College of Law
Revitalizing State Employment Discrimination Law, Sandra F. Sperino
Faculty Articles and Other Publications
Over the past few decades, federal discrimination law has become captive to an increasingly complex web of analytical frameworks. The courts have been unable to articulate a consistent causation or intent standard for federal law or to provide a uniform account of the type of injury the plaintiff is required to suffer. Part of this failure is demonstrated in the ever-increasing rift between how courts construct the discrimination inquiry for federal age discrimination claims and claims based on other traits, such as sex and race.
Unfortunately, the courts are unnecessarily taking state employment discrimination claims into this federal morass. When …
Beyond Mcdonnell Douglas,
2013
University of Cincinnati College of Law
Beyond Mcdonnell Douglas, Sandra F. Sperino
Faculty Articles and Other Publications
Since 1973, the McDonnell Douglas framework has been a key analytical structure in employment discrimination law. Academic debate regarding the framework has alternately sounded its death knell, posited its irrelevance, or asserted its continued vitality. What has gone unnoticed in this discussion is the gradual weakening of the framework over the past two decades. Rather than casting this test into oblivion, courts are slowly chipping away at its preeminent place as a proof structure.
Little by little, courts are gradually eroding the McDonnell Douglas test's power through both procedural and substantive means. Procedurally, courts have questioned, rejected or diminished the …
"That Indispensable Figment Of The Legal Mind": The Contract Of Employment At Common Law In Ontario, 1890-1979,
2013
Osgoode Hall Law School of York University
"That Indispensable Figment Of The Legal Mind": The Contract Of Employment At Common Law In Ontario, 1890-1979, Claire Isabel Mummé
PhD Dissertations
“The relation between an employer and an isolated employee or worker is typically a relation between a bearer of power and one who is not a bearer of power. In its inception it is an act of submission, in its operation it is a condition of subordination, however much the submission and the subordination may be concealed by the indispensable figment of the legal mind known as the 'contract of employment'.” Otto Kahn-Freund , Labour and the Law (London: Stevens, 1977). This study examines the legal evolution of the common law of employment contracts in Ontario between the 1890s and …
Innovation In China: Fragmentation, Structured Uncertainty, And Technology Standards,
2013
Sam Nunn School of International Affairs
Innovation In China: Fragmentation, Structured Uncertainty, And Technology Standards, Michael Murphree, Dan Breznitz
Cardozo Law Review de•novo
This Article discusses the history of China’s attempts to develop indigenous technology standards. A case study is presented on China’s attempts to develop digital optical storage media standards, the failure of which we attribute to fragmentation of production and structured uncertainty in China’s economy. Despite the market failures of China’s domestic standards development efforts, we conclude by highlighting some of the appurtenant benefits they produce for Chinese manufacturers.
The Abcs Of Common Law Wrongful Termination Claims In The Washington Metropolitan Region,
2013
American University Washington College of Law
The Abcs Of Common Law Wrongful Termination Claims In The Washington Metropolitan Region, R. Scott Oswald, Michael Vogelsang Jr
Labor & Employment Law Forum
No abstract provided.
Law Of Trade In Human Rights: A Legal Analysis Of The Intersection Of The General Agreement On Tariffs And Trade’S Article Xx(B) And Labor Rights Of Children,
2013
American University Washington College of Law
Law Of Trade In Human Rights: A Legal Analysis Of The Intersection Of The General Agreement On Tariffs And Trade’S Article Xx(B) And Labor Rights Of Children, Paul Cook
Labor & Employment Law Forum
No abstract provided.
Bread And Roses: E.E.O.C. V. Bloomberg L.P. And The Case For A Work-Life Balance,
2013
William & Mary Law School
Bread And Roses: E.E.O.C. V. Bloomberg L.P. And The Case For A Work-Life Balance, Marissa N. Goldberg
The Modern American
No abstract provided.
Reforming The Second Tier Of The U.S. Pension System: Tabula Rasa Or Step By Step?, 46 J. Marshall L. Rev. 631 (2013),
2013
UIC School of Law
Reforming The Second Tier Of The U.S. Pension System: Tabula Rasa Or Step By Step?, 46 J. Marshall L. Rev. 631 (2013), G. A. (Sandy) Mackenzie, Jonathan Barry Forman
UIC Law Review
No abstract provided.
Public Policy And Consumer Disclosure For The Income Annuity Market, 46 J. Marshall L. Rev. 795 (2013),
2013
UIC School of Law
Public Policy And Consumer Disclosure For The Income Annuity Market, 46 J. Marshall L. Rev. 795 (2013), Kelli Hueler, Paula Hogan, Anna Rappaport
UIC Law Review
No abstract provided.
The Tracker Plan: A Controlled Risk Defined Contribution Retirement Program, 46 J. Marshall L. Rev. 681 (2013),
2013
UIC School of Law
The Tracker Plan: A Controlled Risk Defined Contribution Retirement Program, 46 J. Marshall L. Rev. 681 (2013), Rowland Davis
UIC Law Review
No abstract provided.
Longevity Insurance: Strengthening Social Security For Older Retirees, 46 J. Marshall L. Rev. 843 (2013),
2013
UIC School of Law
Longevity Insurance: Strengthening Social Security For Older Retirees, 46 J. Marshall L. Rev. 843 (2013), John A. Turner
UIC Law Review
No abstract provided.
The 11th Annual Employee Benefits Symposium: America's Retirement Crisis: What Can Be Done, 46 J. Marshall L. Rev. Xxiii (2013),
2013
John Marshall Law School
The 11th Annual Employee Benefits Symposium: America's Retirement Crisis: What Can Be Done, 46 J. Marshall L. Rev. Xxiii (2013), Kathryn J. Kennedy
UIC Law Review
No abstract provided.
Intentional Grounding: Field Quality In The Nfl And The Legal Ramifications For Choice Of Playing Surfaces, 47 J. Marshall L. Rev. 115 (2013),
2013
UIC School of Law
Intentional Grounding: Field Quality In The Nfl And The Legal Ramifications For Choice Of Playing Surfaces, 47 J. Marshall L. Rev. 115 (2013), Jennifer Simile
UIC Law Review
No abstract provided.
When Convicts Need Not Apply: Proposing Clarifications To The Eeoc’S 2012 Guidelines, 47 J. Marshall L. Rev. 401 (2013),
2013
UIC School of Law
When Convicts Need Not Apply: Proposing Clarifications To The Eeoc’S 2012 Guidelines, 47 J. Marshall L. Rev. 401 (2013), Alex J. Whitt
UIC Law Review
No abstract provided.
When Do State Laws Determine Erisa Plan Benefit Rights?, 47 J. Marshall L. Rev 145 (2013),
2013
UIC School of Law
When Do State Laws Determine Erisa Plan Benefit Rights?, 47 J. Marshall L. Rev 145 (2013), Albert Feuer
UIC Law Review
No abstract provided.
Putting A Price On Friendship: Examining The Ownership Battle Between A Business' Social Media Networks, And The Humans That Operate Them, 47 J. Marshall L. Rev. 745 (2013),
2013
UIC School of Law
Putting A Price On Friendship: Examining The Ownership Battle Between A Business' Social Media Networks, And The Humans That Operate Them, 47 J. Marshall L. Rev. 745 (2013), Michael Furlong
UIC Law Review
No abstract provided.
