Trouble In Sin City: Protecting Sexy Workers' Civil Rights, 2012 University of Nevada, Las Vegas -- William S. Boyd School of Law
Trouble In Sin City: Protecting Sexy Workers' Civil Rights, Ann C. Mcginley
Scholarly Works
While Las Vegas has always been known for its libertarian attitudes toward gambling and sexually provocative shows, after a short, failed attempt during the 1990’s to characterize itself as a family destination, the City has turned up the heat. Las Vegas, which relies increasingly on selling sex appeal to promote its value to the public, has become the number one adult entertainment destination in the United States. There is, however, trouble in paradise. A number of the casino-based clubs (both day and night) have been sued; others have closed due to illegal prostitution; some have paid large fines to the …
Montgomery County V. Shropshire: Trying To Shoehorn Police Intradepartmental Disciplinary Files Into The Wrong Cabinet, 2012 University of Maryland Francis King Carey School of Law
Montgomery County V. Shropshire: Trying To Shoehorn Police Intradepartmental Disciplinary Files Into The Wrong Cabinet, Wayne Heavener
Maryland Law Review
No abstract provided.
Virtual Whistleblowing, 2012 Saint Louis University School of Law
Virtual Whistleblowing, Miriam A. Cherry
All Faculty Scholarship
With the advent of YouTube, blogs, social networking, and whistleblower websites such as WikiLeaks, the paradigm of whistleblowing is changing. The new paradigm for “virtual whistleblowing” is increasingly online, networked, and anonymous. While whistleblowing can take place in many contexts, this symposium article concentrates on the impact of technological changes on employment law whistleblowing. My contention for some time has been that existing regulation has been inadequate to cover existing forms of whistleblowing. Therefore, it is not surprising that existing whistleblowing laws have also failed to keep pace with the changes brought by modern technology. If older laws cannot be …
Islamic Law Meets Erisa: How America's Private Pension System Unintentionally Discriminates Against Muslims And What To Do About It, 2012 Vanderbilt University Law School
Islamic Law Meets Erisa: How America's Private Pension System Unintentionally Discriminates Against Muslims And What To Do About It, Beverly I. Moran
Vanderbilt Law School Faculty Publications
This article asks whether Muslims whose religious beliefs prevent investment in their employers’ private pension plans have a right to religious accommodation. This is a real issue for a growing part of the population whose spiritual lives are governed by rules that prohibit the giving or taking of interest. As one might expect, the investments available through most American pension plans involve some aspect of interest making those investments unsuitable retirement vehicles for devote Muslims. Consequently, in order to secure their retirement income, Muslims are faced with either violating their religious beliefs, losing years of investment opportunity as they wait …
Work, Family, And Discrimination At The Bottom Of The Ladder, 2012 University of Florida Levin College of Law
Work, Family, And Discrimination At The Bottom Of The Ladder, Stephanie Bornstein
UF Law Faculty Publications
With limited financial resources, few social supports, and high family caregiving demands, low-wage workers go off to work each day to jobs that offer low pay, few days off, and little flexibility or schedule stability. It should come as no surprise, then, that workers' family lives conflict with their jobs. What is surprising is the response at work when they do. This Article provides a survey of lawsuits brought by low-wage workers against their employers when they were unfairly penalized at work because of their caregiving responsibilities at home. The Article reflects a review of cases brought by low-wage hourly …
The Gamification Of Work, 2012 St. John's University School of Law
The Gamification Of Work, Miriam A. Cherry
Faculty Publications
(Excerpt)
In the science fiction novel Ender's Game, a young boy, Andrew "Ender" Wiggin, believes that he is at military school, learning how to play a computer war simulation game. In reality, Ender has been genetically engineered to excel in military tactics and is the final hope of humanity, which is under attack by the Formics, an alien insect species. For his final examination, Ender must defend the Earth from a series of attacks. He passes the exam by attempting a desperate aggressive maneuver, which utterly wipes out the attacker's home world but which also destroys part of his …
Contract Theory And Some Realism About Employee Covenant Not To Compete Cases, 2012 Barry University
Contract Theory And Some Realism About Employee Covenant Not To Compete Cases, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
Teaching For America: Unions And Academic Freedom, 2012 Seattle University School of Law
Teaching For America: Unions And Academic Freedom, Charlotte Garden
Faculty Articles
Much of the current controversy regarding the rights and responsibilities of public-sector employees and their unions has focused on elementary and secondary school teachers. On one side of that controversy, critics of teachers and teachers' unions argue that teachers are overpaid civil servants and that unions’ focus on wages and working conditions comes at the expense of students’ learning. On the other side, teachers’ unions and their supporters focus on the unique role educators play in forming the next generation of citizens and the need to adequately support teachers in fulfilling that role.
Implicit in this discourse are two distinct …
Diversity And The Virtual Workplace: Performance Identity And Shifting Boundaries Of Workplace Engagement, 2012 Seattle University School of Law
Diversity And The Virtual Workplace: Performance Identity And Shifting Boundaries Of Workplace Engagement, Natasha T. Martin
Faculty Articles
This article explores the meaning of workplace discrimination where reality meets the imaginary world in virtual work settings. Using a more recent development in the realm of virtual work--workplace avatars--the article considers the impact on law of virtual performance identity by workers where appearances can be altered in virtual reality.
Current protected-class approaches to antidiscrimination law have not served as the antidote to workplace bias and exclusion. Thus, the article investigates whether avatar technology holds promise for facilitating greater inclusion of marginalized workers in the contemporary workplace. Does this mode of virtual work serve as a platform for diversity or …
Blue-Collar Crime: Conspiracy, Organized Labor, And The Anti-Union Civil Rico Claim, 2012 University of Colorado Law School
Blue-Collar Crime: Conspiracy, Organized Labor, And The Anti-Union Civil Rico Claim, Benjamin Levin
Publications
This Article provides an historically-rooted analysis of a recent spate of civil RICO complaints arising from labor union organizing campaigns. The Article historicizes contemporary civil RICO suits against labor unions by analogizing to nineteenth century conspiracy prosecutions of unions. In tracing this history of organized labor’s social standing, the Article addresses the cultural framing of the union and its place in political and cultural discourse over the past century. The civil RICO complaints have received limited scholarly attention mainly focusing on issues of federal preemption; this Article argues for a broad reading of the cases as a way to understand …
Made In The U.S.A.: Corporate Responsibility And Collective Identity In The American Automotive Industry, 2012 University of Colorado Law School
Made In The U.S.A.: Corporate Responsibility And Collective Identity In The American Automotive Industry, Benjamin Levin
Publications
This Article challenges the corporate-constructed image of American business and industry. By focusing on the automotive industry and particularly on the tenuous relationship between the rhetoric of automotive industry advertising and doctrinal corporate law, this Article examines the ways that social and legal actors understand what it means for a corporation or its products to be American. In a global economy, what does it mean for a corporation to present the impression of national citizenship? Considering the recent bailout of American automotive corporations, the automotive industry today becomes a powerful vehicle for problematizing the conflicted public/private nature of the corporate …
Subordinate Bias Liability, 2012 University of Arkansas at Little Rock William H. Bowen School of Law
Subordinate Bias Liability, Theresa M. Beiner
Faculty Scholarship
No abstract provided.
Plausibility Pleading And Employment Discrimination, 2012 University of Colorado Law School
Plausibility Pleading And Employment Discrimination, Suzette M. Malveaux
Publications
No abstract provided.
Mexico's Dilemma: Workers' Rights Or Workers' Comparative Advantage In The Age Of Globalization?, 2012 University of Arkansas at Little Rock William H. Bowen School of Law
Mexico's Dilemma: Workers' Rights Or Workers' Comparative Advantage In The Age Of Globalization?, Ranko Shiraki Oliver
Faculty Scholarship
No abstract provided.
Regulating The Workplace: Three Models Of Labor And Employment Law In The United States, 2012 UC Hastings College of the Law
Regulating The Workplace: Three Models Of Labor And Employment Law In The United States, Reuel E. Schiller
Faculty Scholarship
No abstract provided.
The Great Recession, The Resulting Budget Shortfalls, The 2010 Elections And The Attack On Public Sector Collective Bargaining In The United States, 2012 Indiana University Maurer School of Law
The Great Recession, The Resulting Budget Shortfalls, The 2010 Elections And The Attack On Public Sector Collective Bargaining In The United States, Kenneth G. Dau-Schmidt, Winston Lin
Articles by Maurer Faculty
American public sector unions and collective bargaining have been subjected to a vicious attack under the auspices of balancing government budgets, promoting "equity" between private and public employees and limiting the impact of "special interests" on government policy. The American and world financial crisis of 2007 resulted in the Great Recession of 2008 and substantial budget shortfalls for local and national governments world-wide. This financial crisis and the resulting disintegration of aggregate demand and employment are eerily similar to the financial crisis and collapse that led to the Great Depression of the 1930’s. However, unlike the calamity of the 1930’s, …
Maintaining Union Resources In An Era Of Public Sector Bargaining Retrenchment, 2012 University of Richmond
Maintaining Union Resources In An Era Of Public Sector Bargaining Retrenchment, Ann C. Hodges
Law Faculty Publications
This article will look first at the law relating to payroll deduction of dues in Virginia and North Carolina and in several of the . states that have newly restrictive bargaining laws. The article will then discuss the significance of payroll ,deduction of union dues for effective representation of unionized employees. Next the article will analyze the existing law relating to constitutional challenges to statutory limitations on payroll deduction, along with the current legal challenge to the Wisconsin statute. Finally the article will consider how unions might maintain payroll deduction of union dues. The article concludes that while in some …
Bad Reputation?: The Potential Negative Impact Of Outsourcing On The Legal Profession, 2012 Maurice A. Deane School of Law at Hofstra University
Bad Reputation?: The Potential Negative Impact Of Outsourcing On The Legal Profession, Jennifer Spellman, Jeannea Varrichio
Hofstra Labor & Employment Law Journal
No abstract provided.
Fits And Starts For Mandatory Arbitration, 2012 Maurice A. Deane School of Law at Hofstra University
Fits And Starts For Mandatory Arbitration, Roger B. Jacobs
Hofstra Labor & Employment Law Journal
No abstract provided.
The "Miscellaneous Employee": Exploring The Boundaries Of The Fair Labor Standards Act's Administrative Exemption, 2012 Maurice A. Deane School of Law at Hofstra University
The "Miscellaneous Employee": Exploring The Boundaries Of The Fair Labor Standards Act's Administrative Exemption, Blake R. Bertagna
Hofstra Labor & Employment Law Journal
No abstract provided.