Labor and Employment Law Commons^™

Below The Minimum: A Critical Review Of The 14(C) Wage Program For Employees With Disabilities, Matthew Crawford, Joshua Goodman

Hofstra Labor & Employment Law Journal

No abstract provided.

A Comparison Of The Role Of The Employer In The French And U.S. Health Care Systems, Kathryn L. Moore

Hofstra Labor & Employment Law Journal

The United States is unique among developed nations in its heavy reliance on employment-based health insurance. The United States is not, however, the only nation in which employers play an important role in the financing of health care. The employer plays an important role in financing health care in a number of other countries, including France.

This article explores the role of the employer in the health care system in France and compares it to the role of the employer in the U.S. health care system. It begins by providing an overview of the the French health care system. It …

Inequality, Individualized Risk & Insecurity, Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.

Binders Full Of Women & Closing The Gap, Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.

Formalism And Employer Liability Under Title Vii, Samuel R. Bagenstos

Law & Economics Working Papers

Most lawyers, law professors, and judges are familiar with two standard critiques of formalism in legal reasoning. One is the unacknowledged-policymaking critique — that formalist reasoning purports to be above judicial policymaking but instead simply hides the policy decisions offstage. The other is the false-determinacy critique — that formalist reasoning purports to reduce decision costs in the run of cases by sorting cases into defined categories, but that instead of going away the difficult questions of application migrate to the choice of the category in which to place a particular case. Last Term’s decision in Vance v. Ball State University …

Teaching Employment Discrimination Law, Virtually, Miriam A. Cherry

Faculty Publications

(Excerpt)

The process of education, teaching, and learning has ideally been conceived of as a transformative endeavor. Students learn a new way of thinking and asking questions, rather than memorizing or assimilating material verbatim by rote. As curiosity and inquisitiveness are to be valued, students change their mode of analysis and in so doing, the way that they perceive the world. While this is the typical meaning of “transformative” learning, what if learning were actually transformative? In other words, what if what you were learning or the process of learning turned you into someone else (at least for the course …

Cognitive Illiberalism, Summary Judgment, And Title Vii: An Examination Of Ricci V. Destefano, Ann C. Mcginley

NYLS Law Review

No abstract provided.

Weathering Wal-Mart, Joseph Seiner

Faculty Publications

In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2531 (2011), the Supreme Court held that a proposed class of over a million women that had alleged pay and promotion discrimination against the nation’s largest retailer could not be certified. According to the Court, the plaintiffs had failed to establish a common thread in the case sufficient to tie their claims together. The academic response to Wal-Mart was immediate and harsh: the decision will serve as the death knell for mass employment litigation, undermining the workplace protections provided by Title VII of the Civil Rights Act of 1964 (Title VII). …

Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo

All Faculty Scholarship

Building on a prior article about using film to teach health law, this Essay is intended to share my experience using the film Philadelphia as a method of enhancing coverage and discussion of the employment provisions of the Americans with Disabilities Act (ADA), and to provide an opportunity for recognition of, and identification with, the experiences of people with disabilities.

Larry From The Left: An Appreciation, Matthew T. Bodie, Grant M. Hayden

All Faculty Scholarship

This essay approaches the scholarship of the late Professor Larry Ribstein from a progressive vantage point. It argues that Ribstein's revolutionary work upended the "nexus of contracts" theory in corporate law and provided a potential alternative to the regulatory state for those who believe in worker empowerment and anti-cronyism. Progressive corporate law scholars should look to Ribstein's scholarship not as a hurdle to overcome, but as a resource to be tapped for insights about constructing a more egalitarian and dynamic economy.

Participation As A Theory Of Employment, Matthew T. Bodie

All Faculty Scholarship

The concept of employment is an important legal category, not only for labor and employment law, but also for intellectual property law, torts, criminal law, and tax. The right-to-control test has dominated the debate over the definition of “employee” since its origins in the master-servant doctrine. However, the test no longer represents our modern notion of what it means to be an employee. This change has played itself out in research on the theory of the firm, which has shifted from a model of control to a model of participation in a team production process. This Article uses the theory …

The Gamification Of Work, Miriam A. Cherry

All Faculty Scholarship

In the language of cyberspace, introducing elements of fun or game-playing into everyday tasks or through simulations is known as the process of “gamification.” The idea that people could be working while they play a video game – in some instances without even knowing that they are working – is becoming part of our reality. Gamification is an important element of what in previous writing I have termed “virtual work,” that is, work that is taking place wholly online, in crowdsourcing arrangements, or in virtual worlds. The gamification of work is an important trend with important implications for employment law. …

Removing Roadblocks: Certificates Of Good Conduct And Relief From Disabilties, Michael Lorden

Public Interest Law Reporter

No abstract provided.

Give And Take: The Chicago Teachers Union Strike And Its Local And National Impact, Margaret Jones

Public Interest Law Reporter

No abstract provided.

While You Were Eating: The Unspoken Human Cost Of Putting Food On Our Tables, Darci Jenkins, Miguel Keberlein Gutierrez

Public Interest Law Reporter

No abstract provided.

A Proposed Overhaul Of The State Department's Summer Work Travel Program To Prevent Labor Violations And Human Trafficking, Margaret O'Donoghue

Public Interest Law Reporter

No abstract provided.

"How Much Are You Worth?" The Effects Of Human Trafficking On The Sex Trade In Illinois And The Remedies Designed To Eliminate It. , Sabena Auyeung

Public Interest Law Reporter

No abstract provided.

50 Years Of (Non) Equal Pay For Equal Work, Katie Rinkus

Public Interest Law Reporter

No abstract provided.

Cronyism, Corruption, And Political Intrigue: A New Approach For Old Problems In Public Sector Employment Law, Jonathan Fineman

Journal Publications

This article argues that the best interest of the public is served when at least some public employees receive some degree of job protection. However, there is also value in the argument that we no longer can justify the retention of a uniform system of traditional civil service protections for all public employees. Therefore, this article takes the position that this debate should not be framed as an "either/or" proposition between a rigid system of job protections for all (or most) employees on one hand and unfettered managerial discretion on the other. Instead, job protections should be context-based, varied depending …

From Coolidge To Christie: Historical Antecedents Of Current Government Officials Dealing With Public Sector Labor Unions, Bryan J. Soukup

Law Student Publications

One might ask: what do Calvin Coolidge, Ronald Reagan, Scott Walker and Chris Christie have in common? The most obvious answer is that they all are (or were) Republican Governors, but these four men have something much deeper in common. All four have faced-off against powerful public sector labor unions and won. This paper will address and examine the similarities between the anti-union actions taken by these men— Coolidge and the Boston Police Strike of 1919, Reagan and the Professional Air Traffic Controllers (“PATCO”) Strike of 1981, and Walker and Christie’s recent dealings with public employee unions. In the end, …