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Stopped At The Starting Gate: E Overuse Of Summary Judgment In Equal Pay Cases, DEBORAH THOMPSON EISENBERG 2013 Assistant Professor of Law, University of Maryland Francis King Carey School of Law and Director, Center for Dispute Resolution

Stopped At The Starting Gate: E Overuse Of Summary Judgment In Equal Pay Cases, Deborah Thompson Eisenberg

NYLS Law Review

No abstract provided.


Rescuing The Union Grievance From The Shoals Of Garcetti: A Call For The Return To Reason In Public Workplace Speech Jurisprudence, ERIC MARSHALL 2013 Eric Marshall received his J.D. from New York Law School in May of 2012

Rescuing The Union Grievance From The Shoals Of Garcetti: A Call For The Return To Reason In Public Workplace Speech Jurisprudence, Eric Marshall

NYLS Law Review

No abstract provided.


0809: John Taylor Collection, 1969-2007, Marshall University Special Collections 2013 Marshall University

0809: John Taylor Collection, 1969-2007, Marshall University Special Collections

Guides to Manuscript Collections

Mr. Taylor is an attorney from Charleston, WV that fought for the legal and labor rights of workers across the United States. The majority of the people that Taylor represented were members of unions, including both the United Auto Workers [UAW] and the United Mine Workers of America [UMWA]. Taylor's clients fought to secure access to health benefits and the improvement of working conditions. A large portion of the collection centers on Black Lung cases in West Virginia. In 1982, Taylor and his colleagues organized a group of clients to travel to Washington, D.C. in order to attend the Black …


Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo 2013 University of Washington School of Law

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

Articles

On the first day of class, I tell my Disability Law students that my objective is simple-I want to change the way they see the world. Teaching, writing, and working in disability rights has done that for me, and I want to continue to share that experience with my students. Integrating film into the classroom is one way to invite that change. When used properly, film can enhance coverage and discussion of substantive legal concepts and important policy issues surrounding employment of people with disabilities. That result is especially important to my objective, because employment and other issues critical to …


Conflicting Obligations: American Political Culture And The Law Of The Workplace, Reuel E. Schiller 2013 UC Hastings College of the Law

Conflicting Obligations: American Political Culture And The Law Of The Workplace, Reuel E. Schiller

Faculty Scholarship

No abstract provided.


Anglo Views Of Mexican Labor: Shaping The Law Of Temporary Work Through Masculinities Narratives, Leticia M. Saucedo 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.


Calling On Congress: Take A Page From Parliament's Playbook And Fix Employment Discrimination Law, William Corbett 2013 Louisiana State University Law Center

Calling On Congress: Take A Page From Parliament's Playbook And Fix Employment Discrimination Law, William Corbett

Journal Articles

No abstract provided.


The Point Of A Points System: Attracting Highly Skilled Immigrants The United States Needs And Ensuring Their Success, Carla Tabag 2013 Vanderbilt University Law School

The Point Of A Points System: Attracting Highly Skilled Immigrants The United States Needs And Ensuring Their Success, Carla Tabag

Vanderbilt Journal of Transnational Law

In a globalizing world, labor is an increasingly mobile and competitive resource. Responding to this changing labor market, countries like Canada, the United Kingdom, and Australia have adopted points systems with the goal of attracting talented, highly skilled immigrants. In the United States, however, much of the national focus on immigration remains on deterring illegal immigration rather than attracting immigrants that the United States needs to remain competitive in a globalized world. But attracting skilled immigrants is only one ingredient to a successful points system; a country must also ensure those immigrants are successful and use their talents to the …


He Said, She Said, Let's Hear What The Data Say: Sexual Harassment In The Media, Courts, Eeoc, And Social Science, Joni Hersch, Beverly Moran 2013 Vanderbilt University Law School

He Said, She Said, Let's Hear What The Data Say: Sexual Harassment In The Media, Courts, Eeoc, And Social Science, Joni Hersch, Beverly Moran

Vanderbilt Law School Faculty Publications

We examine whether two national newspapers (The New York Times and The Wall Street Journal) provide a realistic representation of sexual harassment in the workplace by comparing media coverage to empirical evidence on sexual harassment drawn from three distinct sources: reports of workplace sexual harassment that emerge from employee self-reporting through a sexual harassment survey of government employees, charges of sexual harassment gathered through Equal Employment Opportunity Commission charge data, and federal district court complaints recorded by the Public Access to Court Electronic Records system. Whether intentional or inadvertent, the national media influences attitudes and subsequent behavior. We find that …


Incorporating Rights: Empire, Global Enterprise, And Global Justice, Erika George 2013 Boston University School of Law

Incorporating Rights: Empire, Global Enterprise, And Global Justice, Erika George

Faculty Scholarship

This Article traces the history and evolution of corporate responsibility under international law to contextualize the developing discourse on business and human rights. It explores the role of private industry in contributing to colonial expansion, slavery, and conflict, and examines the advocacy efforts of abolitionists, anti-imperialism activists, and peace movements to craft reforms and create norms to control corporate conduct. First, the Article outlines the challenge that regulating private commercial power presents for a system of public international law premised on the sovereign power of states. Then, using the example of colonial era European charter companies the Article offers a …


"So Closely Intertwined": Labor Interests And Racial Solidarity, Charlotte Garden, Nancy Leong 2013 Seattle University School of Law

"So Closely Intertwined": Labor Interests And Racial Solidarity, Charlotte Garden, Nancy Leong

Faculty Articles

Conventional wisdom states that labor unions and people of color are adversaries. Commentators, academics, politicians, and employers across a broad range of ideologies view the two groups’ interests as fundamentally opposed and their relationship as rightfully fraught with tension. Like much conventional wisdom, the narrative that unions and people of color are rivals is flawed. In reality, labor unions and civil rights groups work together to advance a wide array of mutual interests; this work ranges from lobbying all levels of government to protesting working conditions across the country. Moreover, unions improve the lives of both members and non-members of …


Cheaper Than A Slave: Indentured Labor, Colonialism And Capitalism, Tayyab Mahmud 2013 Seattle University School of Law

Cheaper Than A Slave: Indentured Labor, Colonialism And Capitalism, Tayyab Mahmud

Faculty Articles

The construct of free wage-labor, envisaged as consensual sale of labor-power by an autonomous and unencumbered individual in a market of juridical equals governed strictly by economic laws of supply and demand, is the bedrock of the purportedly universal category of labor under capitalism. However, this conceptual ensemble is an instance, yet again, of a particular masquerading as the universal – Europe’s autobiography passing for world history. It also underscores the divergence between mythologies and historical operations of capitalism. This article takes up the deployment of indentured labor from colonial India in plantation colonies across the globe for over a …


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 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.


Password Protection Now: An Elaboration On The Need For Federal Password Protection Legislation And Suggestions On How To Draft It, Timothy J. Buckley 2013 Benjamin N. Cardozo School of Law

Password Protection Now: An Elaboration On The Need For Federal Password Protection Legislation And Suggestions On How To Draft It, Timothy J. Buckley

Cardozo Arts & Entertainment Law Journal

No abstract provided.


@Socialmedia: Speech With A Click Of A Button? #Socialsharingbuttons, Alicia D. Sklan 2013 Benjamin N. Cardozo School of Law

@Socialmedia: Speech With A Click Of A Button? #Socialsharingbuttons, Alicia D. Sklan

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Can Executive Compensation Reform Cure Short-Termism?, Gregg Polsky, Andrew C. Lund 2013 University of Georgia School of Law

Can Executive Compensation Reform Cure Short-Termism?, Gregg Polsky, Andrew C. Lund

Scholarly Works

There is an increasingly pervasive view among corporate governance observers that senior managers are too focused on short-term results at the expense of long-term interests. Concerns about “short-termism” have been expressed within the financial industry context and outside of it, but because of the recent financial crisis, much of the discussion has been directed at financial institutions. To combat short-termism, several commentators have advocated executive compensation reform to encourage senior managers to adopt a longer-term perspective. Yet these reforms will likely prove ineffective because of other significant pressures on managers to maintain current stock prices.


The Looking-Glass Ceiling: Appearance-Based Discrimination In The Workplace, Enbar Toledano 2013 United States Court of Appeals for the Eighth Circuit

The Looking-Glass Ceiling: Appearance-Based Discrimination In The Workplace, Enbar Toledano

Cardozo Journal of Equal Rights & Social Justice

The article examines the phenomenon of appearance-based discrimination, or "lookism," in the workplace, arguing that while physically attractive individuals often receive preferential treatment, the legal system is ill-equipped to address this form of discrimination effectively. It highlights the "what is beautiful is good" stereotype, which perpetuates advantages for attractive individuals in employment, but concludes that legal intervention is not a viable solution due to the subjective and multifaceted nature of attractiveness.


Role-Modeling: How The Americans With Disabilities Act Blocks Bmi-Based Hiring Bans In The United States, Sarah Budow 2013 Benjamin N. Cardozo School of Law

Role-Modeling: How The Americans With Disabilities Act Blocks Bmi-Based Hiring Bans In The United States, Sarah Budow

Cardozo Journal of Equal Rights & Social Justice

The global fashion industry's use of extremely thin models contributes to eating disorders by promoting unattainable beauty standards. In response, some countries have implemented laws restricting underweight models, such as Israel's 2012 law requiring a BMI of 18.5 or higher and mandating warnings for altered images. However, similar measures in the U.S. face legal challenges under the ADA, which prohibits employment discrimination based on disabilities, including eating disorders. The ADA's strict standards for defining disabilities and requiring individualized assessments make BMI-based bans difficult to enforce. While some U.S. states have taken steps like banning airbrushing or protecting underage models, broader …


Decoding Civility, Kerri Lynn Stone 2013 Florida International University College of Law

Decoding Civility, Kerri Lynn Stone

Faculty Publications

If women outnumber men in graduate schools and are entering professional and other workplaces in unprecedented numbers, and if Title VII has aimed to eradicate workplace discrimination for almost fifty years, why are women still so woefully underrepresented at the highest levels of power, leadership, wealth, and prestige in the contemporary workplace? This Article is about abusive speech in the workplace. It explores how the expression of bias in the workplace has evolved and been shaped by anti-discrimination legislation and jurisprudence. It identifies a category of biased speech that eludes prosecution under Title VII. Moreover, this Article seeks to provide …


Floor To Ceiling: How Setbacks And Challenges To The Anti-Bullying Movement Pose Challenges To Employers Who Wish To Ban Bullying, Kerri Lynn Stone 2013 Florida International University College of Law

Floor To Ceiling: How Setbacks And Challenges To The Anti-Bullying Movement Pose Challenges To Employers Who Wish To Ban Bullying, Kerri Lynn Stone

Faculty Publications

No abstract provided.


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