Compelled Investigatory And Testimonial Speech: An Overdue Clarification Of The Public Employee Speech Doctrine That Rehabilitates "All Of The Values At Stake",
2013
University of Kentucky
Compelled Investigatory And Testimonial Speech: An Overdue Clarification Of The Public Employee Speech Doctrine That Rehabilitates "All Of The Values At Stake", Molly K. Smith
Kentucky Law Journal
No abstract provided.
The "Crisis" In Retirement Security: Social Security Is The Answer, Not The Problem, 46 J. Marshall L. Rev. 719 (2013),
2013
UIC School of Law
The "Crisis" In Retirement Security: Social Security Is The Answer, Not The Problem, 46 J. Marshall L. Rev. 719 (2013), Martha Holstein, Kristen Pavle
UIC Law Review
No abstract provided.
Addressing The Challenges Women Face In Retirement: Improving Social Security, Pensions, And Ssi, 46 J. Marshall L. Rev. 749 (2013),
2013
UIC School of Law
Addressing The Challenges Women Face In Retirement: Improving Social Security, Pensions, And Ssi, 46 J. Marshall L. Rev. 749 (2013), Joan Entmacher, Amy Matsui
UIC Law Review
No abstract provided.
"It's Not You, It's Me" - When Are Client Companies Liable For Staffing Firms' Discriminatory Hiring Practices?,
2013
American University Washington College of Law
"It's Not You, It's Me" - When Are Client Companies Liable For Staffing Firms' Discriminatory Hiring Practices?, Lara Samuels
American University Business Law Review
No abstract provided.
Regretting Roth? Why And How The Supreme Court Could Deprive Tenured Public Teachers Of Due Process Rights In Employment,
2013
Holland & Knight LLP
Regretting Roth? Why And How The Supreme Court Could Deprive Tenured Public Teachers Of Due Process Rights In Employment, Karl D. Camillucci
Loyola University Chicago Law Journal
No abstract provided.
The Employment And Economic Advancement Of African-Americans In The Twentieth Century,
2013
Indiana University Maurer School of Law
The Employment And Economic Advancement Of African-Americans In The Twentieth Century, Kenneth G. Dau-Schmidt, Ryland Sherman
Articles by Maurer Faculty
In this article we examine the progress of African–Americans in the American labour market over the course of the twentieth century. We trace their progress as African-Americans moved from low-skill low-wage jobs in southern agriculture to a panoply of jobs including high-skill, high-wage jobs in industries and occupations across the country.We also document the migrations and improvements in educational achievement that have made this progress possible. We examine the progress yet to be made and especially the problems of lack of education and incarceration suffered by African–American males. Finally, we examine the importance of anti-discrimination laws and affirmative action in …
Enforceability Of Choice-Of-Law Clauses In The Context Of Misclassification Litigation: Bridging The Gap Between Worker And Employer,
2013
University of Georgia School of Law
Enforceability Of Choice-Of-Law Clauses In The Context Of Misclassification Litigation: Bridging The Gap Between Worker And Employer, Koleen S. Sullivan
Georgia Law Review
Picture this: a California resident working in California
files suit against the employer for allegedly misclassifying
the worker as an independent contractor instead of an
employee. The employer is headquartered in Georgia and
the worker has signed an employment contract including a
choice-of-law clause selecting Georgia law. Does Georgia
law apply? If the language of the clause is broad enough
to include a misclassification claim, perhaps. What if the
application of Georgia law violates California public
policy? The answer to this is almost assuredly a
resounding "no." But should Georgia law apply?
This Note argues that it should, under the …
Anglo Views Of Mexican Labor: Shaping The Law Of Temporary Work Through Masculinities Narratives,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Anglo Views Of Mexican Labor: Shaping The Law Of Temporary Work Through Masculinities Narratives, Leticia M. Saucedo
Nevada Law Journal
No abstract provided.
The Emerging Reality Of Social Media: Erosion Of Individual Privacy Through Cyber-Vetting And Law’S Inability To Catch Up, 12 J. Marshall Rev. Intell. Prop. L. 551 (2013),
2013
UIC School of Law
The Emerging Reality Of Social Media: Erosion Of Individual Privacy Through Cyber-Vetting And Law’S Inability To Catch Up, 12 J. Marshall Rev. Intell. Prop. L. 551 (2013), Saby Ghoshray
UIC Review of Intellectual Property Law
The rise of social media means that data about a large number of people is available in public and quasi-public digital locations. Employers, keen on taking advantage of this additional data to decrease the risk associated with an offer of employment, are engaging in “cyber-vetting”—non-consenting social media searches conducted by third parties or the employers themselves. To the extent that current law applies to this practice, the regulation it provides is weak and attacks only part of the problem. Left unchecked, cyber-vetting has the potential to fundamentally alter the scope of prospective employees’ rights. This article surveys the legal and …
Employment Law And Social Equality,
2013
University of Michigan Law School
Employment Law And Social Equality, Samuel R. Bagenstos
Law & Economics Working Papers
What is the normative justification for individual employment law? For a number of legal scholars, the answer is economic efficiency. Other scholars argue, to the contrary, that employment law protects against (vaguely defined) imbalances of bargaining power and exploitation. Against both of these positions, this paper argues that individual employment law is best understood as advancing a particular conception of equality. That conception, which many legal and political theorists have called social equality, focuses on eliminating hierarchies of social status. Drawing on the author’s work elaborating the justification for employment discrimination law, this paper argues that individual employment law is …
Diverging Doctrine, Converging Outcomes: Evaluating Age Discrimination Law In The United Kingdom And The United States,
2013
Thomas Jefferson School of Law
Diverging Doctrine, Converging Outcomes: Evaluating Age Discrimination Law In The United Kingdom And The United States, Susan Bisom-Rapp, Malcolm Sargeant
Loyola University Chicago Law Journal
No abstract provided.
Employment Law Inside Out: Using The Problem Method To Teach Workplace Law,
2013
University of Florida Levin College of Law
Employment Law Inside Out: Using The Problem Method To Teach Workplace Law, Rachel Arnow-Richman
UF Law Faculty Publications
This Article, prepared for the Saint Louis University Law Review’s 2013 Symposium on Teaching Employment & Labor Law, explores the use of the problem method in employment law instruction. Drawing on my experience teaching the basic employment law course, I suggest that those areas of the field that require transactional lawyering skills are perhaps best taught contextually through a hypothetical problem, rather than through cases. Adopting the problem method in such circumstances not only gives students a richer understanding of the law and how it operates, but also the opportunity to cultivate problem-solving skills and professional judgment, thereby advancing the …
Community Syndicalism For The United States: Democratic Production In Resisting Hegemonic Globalization And Law,
2013
University of Miami School of Law
Community Syndicalism For The United States: Democratic Production In Resisting Hegemonic Globalization And Law, Kenneth M. Casebeer
Articles
No abstract provided.
Similarities Between Early Irish Marital Property Law And California Community Property: The Economic Significance Of A Wife's Labor,
2013
Southwestern Law School
Similarities Between Early Irish Marital Property Law And California Community Property: The Economic Significance Of A Wife's Labor, Caroline Bermeo Newcombe
Cardozo Journal of Equal Rights & Social Justice
The article presents a comparative analysis of two marital property systems: California's community property system and the ancient Irish Brehon law. Despite their temporal and cultural differences, both systems remarkably recognize women's rights to own property, allow unilateral divorce, and value the economic contribution of wives. This comparison highlights progressive legal ideas and critiques the impact of colonialism on legal frameworks, particularly the erosion of Brehon law through cases like Gavelkind, which replaced it with English common law and undermined women's rights.
Cultural Cognition Insights Into Judicial Decisionmaking In Employee Benefits Cases,
2013
American University Washington College of Law
Cultural Cognition Insights Into Judicial Decisionmaking In Employee Benefits Cases, Paul M. Secunda
Labor & Employment Law Forum
No abstract provided.
Corporate Social Responsibility, International Framework Agreements And Changing Corporate Behavior In The Global Workplace,
2013
American University Washington College of Law
Corporate Social Responsibility, International Framework Agreements And Changing Corporate Behavior In The Global Workplace, Owen E. Herrnstadt
Labor & Employment Law Forum
No abstract provided.
Re-Organized Labor: Affirming Labor’S Relevance By Reframing Its Image And Merging With Allies,
2013
American University Washington College of Law
Re-Organized Labor: Affirming Labor’S Relevance By Reframing Its Image And Merging With Allies, Laurie Monahan
Labor & Employment Law Forum
No abstract provided.
The Roberts Court And The Law Of Human Resources,
2013
Saint Louis University School of Law
The Roberts Court And The Law Of Human Resources, Matthew T. Bodie
All Faculty Scholarship
The rise of human resources departments parallels the increase in the myriad statutory and regulatory requirements that govern the workplace. The Supreme Court's decisions in labor and employment law cases are largely monitored and implemented by HR professionals who must carry out these directives on a daily basis. This article looks at the Roberts Court's labor and employment law cases through the lens of human resources. In adopting an approach that is solicitous towards HR departments and concerns, the Roberts Court reflects a willingness to empower these private institutional players. Even if labor and employment law scholars do not agree …
A Dilemma Of Doctrinal Design: Rights, Identity And The Work-Family Conflict,
2013
Georgia State University College of Law
A Dilemma Of Doctrinal Design: Rights, Identity And The Work-Family Conflict, Lauren Sudeall Lucas
Faculty Publications By Year
This symposium article suggests that with regard to the work-family conflict, we may have exhausted doctrine’s potential in setting a constitutional foundation for women to be treated as equals in the workplace and requiring that they not be discriminated against in the event that they decide to start a family. For purposes of this piece, those accomplishments constitute the first phase or “first generation” of progress. This article is concerned with how doctrine relates to “second generation” issues arising from the work-family conflict: how to balance work and family once some initial level of equality has been achieved; how to …
Gilbert Redux: The Interaction Of The Pregnancy Discrimination Act And The Amended Americans With Disabilities Act,
2013
Indiana University Maurer School of Law
Gilbert Redux: The Interaction Of The Pregnancy Discrimination Act And The Amended Americans With Disabilities Act, Deborah Widiss
Articles by Maurer Faculty
Pregnancy — a health condition that only affects women — raises complicated questions regarding the interaction of employment policies addressing sex discrimination and those addressing disability. The Pregnancy Discrimination Act (PDA), enacted in 1978, mandates that employers “shall” treat pregnant employees “the same for all employment-related purposes” as other employees “similar in their ability or inability to work.” Despite the clarity of this language, some courts permit employers to treat pregnant employees less favorably than employees with other health conditions, so long as the employer does so pursuant to a “pregnancy-blind” policy such as accommodating only workplace injuries or disabilities …
