Employees Losing Power, Losing Jobs: Making The Case For Mediating Power In The Era Of Buy-Ins And Bailouts,
2012
Pepperdine University
Employees Losing Power, Losing Jobs: Making The Case For Mediating Power In The Era Of Buy-Ins And Bailouts, Lovalerie Mullins
Pepperdine Dispute Resolution Law Journal
This article proposes that dispute in the workplace is the best illustration of the loss of equanimity boundaryless employees experience in their work environment, and further, that dispute systems design necessitates a power neutralizing approach for mediating struggles caused by power disparity present in today's private employment relationships. To that end, my goal is to provide an employee-centered perspective of self-regulated employment policy in America, and to demonstrate the degree of conflict (and eventual disputation) such policy creates for boundaryless workforces. Ultimately, I make the case for an evolved dispute resolution process more able to manage power disparity in modem …
Conference Bibliography: Democracy And The Workplace,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Conference Bibliography: Democracy And The Workplace, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Lectures & Talks
A selected bibliography was prepared in connection with the Saltman Center Labor Law Symposium 2012: Democracy and the Workplace held at the William S. Boyd School of Law, University of Nevada, Las Vegas, on February 23-25, 2012.
Compatible Or Conflicting: The Promotion Of A High Level Of Employment And The Consumer Welfare Standard Under Article 101,
2012
William & Mary Law School
Compatible Or Conflicting: The Promotion Of A High Level Of Employment And The Consumer Welfare Standard Under Article 101, Tom C. Hodge
William & Mary Business Law Review
The antitrust, or competition, regime of the European Union (EU) differs substantially from that of the United States, because EU competition law forms part of the EU Treaties and is therefore imbibed with the multiple values of the European Union itself. Accordingly, it is by no means clear or settled if the anti-cartel law of the European Union, Article 101 TFEU, must focus solely on a consumer welfare standard or must also consider the broad and multiple policy aims enshrined in the EU Treaties. If Article 101 must balance multiple aims, this would be in stark contrast to Section 1 …
The Need To Give Workers Protection From Forced Political Contributions To Corporations,
2012
Indiana University Maurer School of Law
The Need To Give Workers Protection From Forced Political Contributions To Corporations, Kenneth G. Dau-Schmidt
Public Testimony by Maurer Faculty
No abstract provided.
Looking South: Race, Gender, And The Transformation Of Labor From Reconstruction To Globalization By Mary E. Frederickson,
2012
University at Buffalo School of Law
Looking South: Race, Gender, And The Transformation Of Labor From Reconstruction To Globalization By Mary E. Frederickson, Joel E. Black
Book Reviews
No abstract provided.
Tortious Interference With The Expectancy Of Entitlement Benefits,
2012
University of Michigan Law School
Tortious Interference With The Expectancy Of Entitlement Benefits, Paul Caritj
University of Michigan Journal of Law Reform
This Note proposes a new tort to address employers' and their agents' increasing abuse of the Unemployment Insurance appeals process, which interferes with employees' expectancy of entitlement benefits. Though existing state Unemployment Compensation statutes sanction both unemployed workers claiming benefits and employers for making fraudulent statements, these provisions approach the issue of fraud too narrowly to combat this growing problem. Meanwhile, no existing remedy properly compensates victims of this sort of abuse, adequately deters abusive behavior by scaling the penalty to the harm, and is accessible to economically disadvantaged plaintiffs. As well as providing an analysis of the specific problem …
Data Note: Vr Outcome Trends And The Recent Decline In Employment For Vr Customers With Intellectual Disabilities,
2012
University of Massachusetts Boston
Data Note: Vr Outcome Trends And The Recent Decline In Employment For Vr Customers With Intellectual Disabilities, Frank A. Smith, John Butterworth, Daria Domin, Allison Cohen Hall
Data Note Series, Institute for Community Inclusion
Most people with intellectual disabilities (ID) aspire to gainful employment. To assist them with this goal, state vocational rehabilitation (VR) agencies offer employment services based upon Individualized Plans for Employment (IPEs). A commonly used measure of outcomes is the rehabilitation rate, defined as the percentage of individuals who achieve employment out of all individuals whose cases were closed after receiving services. This indicator, however, neglects to consider that not all eligible individuals progress to receive services. This Data Note explores trends in VR closure status for individuals with ID.
Creating A Workable Legal Standard For Defining An Independent Contractor,
2012
Pepperdine University
Creating A Workable Legal Standard For Defining An Independent Contractor, Karen R. Harned, Georgine M. Kryda, Elizabeth A. Milito
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Class-Less? An Analysis Of The California Supreme Court's Denial Of Employers' Right To Use Class Arbitration Waivers In Employment Agreements In Gentry V. Superior Court,
2012
Pepperdine University
Class-Less? An Analysis Of The California Supreme Court's Denial Of Employers' Right To Use Class Arbitration Waivers In Employment Agreements In Gentry V. Superior Court, Michael B. Cooper
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Ledbetter V. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007): Faithful To Title Vii Or Blind To Sex Discrimination?,
2012
Pepperdine University
Ledbetter V. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007): Faithful To Title Vii Or Blind To Sex Discrimination?, Garrett M. Fahy
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
The Legislative Upheaval In Public-Sector Labor Law: A Search For Common Elements,
2012
IIT Chicago-Kent College of Law
The Legislative Upheaval In Public-Sector Labor Law: A Search For Common Elements, Martin H. Malin
All Faculty Scholarship
No abstract provided.
Sifting Through The Wreckage Of The Tsunami That Hit Public Sector Collective Bargaining,
2012
IIT Chicago-Kent College of Law
Sifting Through The Wreckage Of The Tsunami That Hit Public Sector Collective Bargaining, Martin H. Malin
All Faculty Scholarship
Beginning in December 2010, a virtual tsunami of legislative change hit public sector labor law. The change was fueled by a view that public employee unions were exercising outsized power and a privileged position of exclusive access to public decision-makers to extract excessive wages and benefits, protect employees who were poor performers, stifle incentive to excel and stifle innovation. This article evaluates these reforms which increased public employer power to act unilaterally in light of my prior work on collective representation of public employees. That prior work focused on how public sector labor law doctrine channels union representation into narrow …
To Cloak The Within: Protecting Employees From Personality Testing,
2012
IIT Chicago-Kent College of Law
To Cloak The Within: Protecting Employees From Personality Testing, Elizabeth De Armond
All Faculty Scholarship
Employees and job applicants are often subjected to personality tests that seek sensitive, internal information. These tests can intrude on individual privacy simply by their inquisition, and disclosure of their results can pigeonhole and stigmatize people. The work of sociologist Erving Goffman offers insights into the nature of these harms. Furthermore, the personality tests often do not reliably and accurately measure personality traits, and employers may not have accurately identified traits that enhance performance in specific jobs. Current legal structures, including the federal and state constitutions and the Americans with Disabilities Act, may apply to such tests, but are inadequate …
Sarbanes-Oxley's Whistleblower Provisions:
Ten Years Later,
2012
University of Nebraska College of Law
Sarbanes-Oxley's Whistleblower Provisions: Ten Years Later, Richard Moberly
Nebraska College of Law: Faculty Publications
Whistleblower advocates and academics greeted the enactment of the Sarbanes-Oxley Act's whistleblower provisions in 2002 with great acclaim. The Act appeared to provide the strongest encouragement and broadest protections then available for private-sector whistleblowers. It influenced whistleblower law by unleashing a decade of expansive legal protection and formal encouragement for whistleblowers, perhaps indicating societal acceptance of whistleblowers as part of a broader law enforcement strategy. Despite these successes, however, Sarbanes-Oxley's greatest lesson derives from its two most prominent failings. First, over the last decade, the Act did not sufficiently protect whistleblowers who suffered retaliation. Second, despite the massive increase in …
Kasten V. Saint-Gobain Performance Plastics: Protecting Oral Complaints At The Expense Of Workplace Complaints,
2012
University of Maryland Francis King Carey School of Law
Kasten V. Saint-Gobain Performance Plastics: Protecting Oral Complaints At The Expense Of Workplace Complaints, Shaun O'Donnell
Proxy
No abstract provided.
Wal-Mart Stores V. Dukes: Lessons For The Legal Quest For Equal Pay,
2012
University of Maryland Francis King Carey School of Law
Wal-Mart Stores V. Dukes: Lessons For The Legal Quest For Equal Pay, Deborah Thompson Eisenberg
Faculty Scholarship
The Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes provides a unique opportunity to reflect on whether and how the legal system should address unjustified pay disparities between men and women who perform similar jobs. This Article describes the Court’s decision and analyzes the insights it offers about the legal quest for equal pay. First, Wal-Mart demonstrates the tension between Title VII’s focus on the employer’s intent and the economic realities of how pay discrimination happens in the modern workplace. As the women at Wal-Mart experienced and research confirms, pay disparities tend to be the greatest when employers delegate …
Brief For Prof. Leslie C. Griffin As Amica Curiae In Support Of Neither Party, Cannata V. Catholic Diocese Of Austin,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Brief For Prof. Leslie C. Griffin As Amica Curiae In Support Of Neither Party, Cannata V. Catholic Diocese Of Austin, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Brief For Prof. Leslie C. Griffin Et Al. As Amici Curiae In Support Of Respondents, Hosanna-Tabor Evangelical Lutheran Church And School V. E.E.O.C.,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Brief For Prof. Leslie C. Griffin Et Al. As Amici Curiae In Support Of Respondents, Hosanna-Tabor Evangelical Lutheran Church And School V. E.E.O.C., Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Fifty State Survey Of Child Exploitation Laws,
2012
American University Washington College of Law
Fifty State Survey Of Child Exploitation Laws, Brenda V. Smith
The Project on Addressing Prison Rape - Surveys
This document provides information regarding enacting state, statute number, statute title, coverage, definition and notes, penalties, and defenses (if given) for criminal laws prohibiting sexual abuse of inmates by staff.
Beyond The Water Cooler: Speech And The Workplace In An Era Of Social Media,
2012
Maurice A. Deane School of Law at Hofstra University
Beyond The Water Cooler: Speech And The Workplace In An Era Of Social Media, Ann C. Mcginley, Ryan P. Mcginley-Stempel
Hofstra Labor & Employment Law Journal
No abstract provided.
