A Limit On Downsizing: Varity Corp. V. Howe,
2012
Pepperdine University
A Limit On Downsizing: Varity Corp. V. Howe, James B. Shein
Pepperdine Law Review
No abstract provided.
Paramours, Promotions, And Sexual Favoritism: Unfair, But Is There Liability?,
2012
Pepperdine University
Paramours, Promotions, And Sexual Favoritism: Unfair, But Is There Liability?, Mitchell Poole
Pepperdine Law Review
No abstract provided.
"Riding With The Cops And Cheering For The Robbers:" Employee Speech, Doctrinal Cubbyholes, And The Duty Of Loyalty,
2012
Pepperdine University
"Riding With The Cops And Cheering For The Robbers:" Employee Speech, Doctrinal Cubbyholes, And The Duty Of Loyalty, Marvin F. Hill Jr., James A. Wright
Pepperdine Law Review
No abstract provided.
Agostini V. Felton: Redefining The Establishment Of Religion Through A Modification Of The Lemon Test,
2012
Pepperdine University
Agostini V. Felton: Redefining The Establishment Of Religion Through A Modification Of The Lemon Test, Christian W. Johnston
Pepperdine Law Review
No abstract provided.
California Supreme Court Survey - A Review Of Decisions: December 1997-March 1998,
2012
Pepperdine University
California Supreme Court Survey - A Review Of Decisions: December 1997-March 1998, Leallen Frost
Pepperdine Law Review
No abstract provided.
Will Motive, Opportunity Or Recklessness No Longer Constitute Scienter For Fraud? A Survey Of Recent Federal District Court Decisions After The Enactment Of The 1995 Private Securities Litigation Reform Act ,
2012
Pepperdine University
Will Motive, Opportunity Or Recklessness No Longer Constitute Scienter For Fraud? A Survey Of Recent Federal District Court Decisions After The Enactment Of The 1995 Private Securities Litigation Reform Act , Lisa A. Herrera
Pepperdine Law Review
No abstract provided.
No Duty To Rescue: Can Americans Really Leave A Victim Lying In The Street? What Is Left Of The American Rule, And Will It Survive Unabated?,
2012
Pepperdine University
No Duty To Rescue: Can Americans Really Leave A Victim Lying In The Street? What Is Left Of The American Rule, And Will It Survive Unabated?, Jennifer L. Groninger
Pepperdine Law Review
No abstract provided.
Thurgood Marshall And The Holy Grail—The Due Process Jurisprudence Of A Consummate Jurist,
2012
Pepperdine University
Thurgood Marshall And The Holy Grail—The Due Process Jurisprudence Of A Consummate Jurist, Richard H. W. Maloy
Pepperdine Law Review
No abstract provided.
Should Prudential Standing Requirements Be Applied In Transferred Impact Sexual Harassment Cases? An Analysis Of Childress V. City Of Richmond,
2012
Pepperdine University
Should Prudential Standing Requirements Be Applied In Transferred Impact Sexual Harassment Cases? An Analysis Of Childress V. City Of Richmond, Robert J. Aalberts, Lorne H. Seidman
Pepperdine Law Review
No abstract provided.
Shareholder Demands For Higher Corporate Earnings Have Their Price: How Courts Allow Employers To Fire Older Employees For Their Achievements,
2012
Pepperdine University
Shareholder Demands For Higher Corporate Earnings Have Their Price: How Courts Allow Employers To Fire Older Employees For Their Achievements, Kester Spindler
Pepperdine Law Review
No abstract provided.
Justice As Right Relationship: A Philosophical And Theological Reflection On Affirmative Action,
2012
Pepperdine University
Justice As Right Relationship: A Philosophical And Theological Reflection On Affirmative Action, Robert John Araujo
Pepperdine Law Review
No abstract provided.
California Wrongful Discharge Law Turns Toward The Plaintiff ,
2012
Pepperdine University
California Wrongful Discharge Law Turns Toward The Plaintiff , Jennifer Vanse
Pepperdine Law Review
No abstract provided.
Burlington Industries, Inc. V. Ellerth: “Whole-Cloth Creation” Or Manifestation Of Congressional Intent?,
2012
Pepperdine University
Burlington Industries, Inc. V. Ellerth: “Whole-Cloth Creation” Or Manifestation Of Congressional Intent?, John Corrington
Pepperdine Law Review
No abstract provided.
Compulsory Employment Arbitration And The Eeoc,
2012
Pepperdine University
Compulsory Employment Arbitration And The Eeoc, Richard A. Bales
Pepperdine Law Review
No abstract provided.
Vol. 29, No. 4,
2012
Indiana University Maurer School of Law
Vol. 29, No. 4, Kenneth G. Dau-Schmidt
The Illinois Public Employee Relations Report
An Economic and Empirical Analysis of the Two Views of Public Sector Collective Bargaining in American Public Policy by Kenneth Dau-Schmidt
Recent Developments
Talking Drugs: The Burden Of Proof In Post-Garcetti Speech Retaliation Claims,
2012
University of Washington School of Law
Talking Drugs: The Burden Of Proof In Post-Garcetti Speech Retaliation Claims, Thomas E. Hudson
Washington Law Review
Law Enforcement agencies fire their employees for speaking out in favor of drug legalization, which leads the employees to sue their former employers for violating their First Amendment Free Speech rights. These employee claims fall under the U.S. Supreme Court’s complex speech retaliation test, most recently articulated in Garcetti v. Ceballos. The analysis reveals that circuit courts are inconsistent as to who bears the burden of proving that they prevail under “Pickering balancing,” and how they should construct that burden. This Comment argues that U.S. Supreme Court precedent demands that the employer bears the “Pickering balancing” burden, and that …
Promises Policies And Principles The Supreme Court And Contractual Obligation In Labor Relations,
2012
Barry University
Promises Policies And Principles The Supreme Court And Contractual Obligation In Labor Relations, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
Executive Compensation: In Culture Of Greed And Selfishness, Is There Room For Theory Of "Enough",
2012
University of Missouri - Kansas City, School of Law
Executive Compensation: In Culture Of Greed And Selfishness, Is There Room For Theory Of "Enough", Robert C. Downs
Faculty Works
No abstract provided.
Data Analysis Of The Implementation Of The Recovery Act: Workforce Development And Unemployment Insurance Provisions,
2012
W.E. Upjohn Institute for Employment Research
Data Analysis Of The Implementation Of The Recovery Act: Workforce Development And Unemployment Insurance Provisions, Randall W. Eberts, Stephen A. Wandner
Book Chapters
No abstract provided.
Shifting The Burden: Genuine Disputes And Employment Discrimination Standards Of Proof,
2012
University of Arkansas Little Rock
Shifting The Burden: Genuine Disputes And Employment Discrimination Standards Of Proof, Barrett S. Moore
University of Arkansas at Little Rock Law Review
Enacted for the purpose of battling workplace discrimination by targeting discrimination against minorities and the disadvantaged, Title VII has become somewhat of an apparition for good-intentioned employers seeking to follow the law. For example, in Ricci v. DeStefano, the city of New Haven, Connecticut refused to hire white firefighters based on a qualification test because to do so would produce the outcome of hiring too few minority firefighters. Despite New Haven's good intentions, the hiring process illegally brought race into the hiring process, thereby showing that America's relationship with civil rights legislation has come full circle.
At the center of …
