Direct Employer Liability For Punitive Damages,
2012
University of Cincinnati College of Law
Direct Employer Liability For Punitive Damages, Sandra F. Sperino
Faculty Articles and Other Publications
In Punitive Damages, Due Process, and Employment Discrimination, Joseph Seiner tackles the growing complexity of employment discrimination punitive damages claims and provides a workable solution to a difficult problem. Given the importance of punitive damages in shaping incentives to bring discrimination suits, his contribution is valuable, especially in trying to align recent constitutional punitive damages cases with the underlying discrimination law.
This Essay begins by emphasizing the fundamental idea on which Professor Seiner and I agree-that there should be little room for courts to reduce punitive damages in federal employment discrimination cases based on constitutional concerns about excessiveness. Title …
Vol. 29, No. 1,
2012
Chicago-Kent College of Law
Vol. 29, No. 1, James C. Franczek, Amy K. Dickerson
The Illinois Public Employee Relations Report
Education Reform in Illinois: Making Performance Count by James C. Franczek, Jr. and Amy K. Dickerson
Recent Developments
Legal And Policy Standards For Addressing Workplace Racism: Employer Liability And Shared Responsibility For Race-Based Traumatic Stress,
2012
University of Maryland Francis King Carey School of Law
Legal And Policy Standards For Addressing Workplace Racism: Employer Liability And Shared Responsibility For Race-Based Traumatic Stress, Robert T. Carter, Thomas D. Scheuermann
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Soul Of A Woman: The Sex Stereotyping Prohibition At Work,
2012
Northwestern University School of Law
Soul Of A Woman: The Sex Stereotyping Prohibition At Work, Kimberly A. Yuracko
Faculty Working Papers
In 1989 the Supreme Court in Price Waterhouse v. Hopkins declared that sex stereotyping was a prohibited from of sex discrimination at work. This seemingly simple declaration has been the most important development in sex discrimination jurisprudence since the passage of Title VII. It has been used to extend the Act's coverage and protect groups that were previously excluded. Astonishingly, however, the contours, dimensions and requirements of the prohibition have never been clearly articulated by courts or scholars. In this paper I evaluate four interpretations of what the sex stereotyping prohibition might mean in order to determine what it actually …
The Future Of Nlrb Doctrine On Captive Audience Speeches,
2012
Marquette University Law School
The Future Of Nlrb Doctrine On Captive Audience Speeches, Paul M. Secunda
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.
Drug Testing Of Medical Marijuana Users In The Workplace: An Inaccurate Test Of Impairment,
2012
Maurice A. Deane School of Law at Hofstra University
Drug Testing Of Medical Marijuana Users In The Workplace: An Inaccurate Test Of Impairment, Stacy A. Hickox
Hofstra Labor & Employment Law Journal
No abstract provided.
The New York Domestic Workers' Bill Of Rights: Justice At The Door,
2012
St. Thomas University College of Law
The New York Domestic Workers' Bill Of Rights: Justice At The Door, Talle D. Gilmore
Intercultural Human Rights Law Review
Part I of this comment will begin with an overview of the intersection between domestic work and involuntary domestic servitude to show how the lack of protection for domestic workers can lead to exploitation and domestic servitude. Part II will compare the claims of domestic workers, employers, and civil society in terms of the costs and benefits of enacting protective domestic worker legislation. Part III will set out the legal distinction between domestic workers and domestic servitude by providing an overview of the federal and New York State sources of labor protections and how they have historically excluded domestic workers. …
Three And Out: The Nfl's Concussion Liability And How Players Can Tackle The Problem,
2012
Vanderbilt University Law School
Three And Out: The Nfl's Concussion Liability And How Players Can Tackle The Problem, Jeremy P. Gove
Vanderbilt Journal of Entertainment & Technology Law
In 1952, the New England Journal of Medicine published a study stating that a player should not continue playing professional football after suffering three concussions. As players continue to get bigger, faster, and stronger, the number of concussions has increased. In response to this problem, the National Football League (NFL) commissioned a study run by scientists and NFL team doctors to determine the long-term effects of concussions. That committee determined that no long-term repercussions exist after experiencing a concussion while playing NFL football. Despite the scientific community's critiques of the study, the NFL used the committee's findings to create the …
The Second-Class Action: How Courts Thwart Wage Rights By Misapplying Class Action Rules,
2012
American University Washington College of Law
The Second-Class Action: How Courts Thwart Wage Rights By Misapplying Class Action Rules, Scott A. Moss, Nantiya Ruan
American University Law Review
Courts apply to wage rights cases an aggressive scrutiny that not only disadvantages low-wage workers, but is fundamentally incorrect on the law. Rule 23 class actions automatically cover all potential members if the court grants plaintiffs’ class certification motion. But for certain employment rights cases—mainly wage claims but also age discrimination and gender equal pay claims—29 U.S.C. § 216(b) allows not class actions but “collective actions” covering just those opting in affirmatively. Yet courts in collective actions assume a gatekeeper role just as they do in Rule 23 class actions, disallowing many actions by requiring a certification motion proving strict …
Beyond Wisconsin: Public Employee Union Rights Amidst State Attacks On Public Sector Collective Bargaining,
2012
American University Washington College of Law
Beyond Wisconsin: Public Employee Union Rights Amidst State Attacks On Public Sector Collective Bargaining, Michael L. Artz
Labor & Employment Law Forum
No abstract provided.
What Is The Correct Standard Of Prudence In Employer Stock Cases?, 45 J. Marshall L. Rev. 541 (2012),
2012
UIC School of Law
What Is The Correct Standard Of Prudence In Employer Stock Cases?, 45 J. Marshall L. Rev. 541 (2012), José Martin Jara
UIC Law Review
No abstract provided.
Foreword: The Past, Present, And Future Of Supreme Court Jurisprudence On Erisa, 45 J. Marshall L. Rev. Xxv (2012),
2012
UIC School of Law
Foreword: The Past, Present, And Future Of Supreme Court Jurisprudence On Erisa, 45 J. Marshall L. Rev. Xxv (2012), Colleen E. Medill
UIC Law Review
No abstract provided.
The Supreme Court Fills A Gaping Hole: Cigna Corp. V. Amara Clarifies The Scope Of Equitable Relief Under Erisa, 45 J. Marshall L. Rev. 767 (2012),
2012
UIC School of Law
The Supreme Court Fills A Gaping Hole: Cigna Corp. V. Amara Clarifies The Scope Of Equitable Relief Under Erisa, 45 J. Marshall L. Rev. 767 (2012), Susan Harthill
UIC Law Review
No abstract provided.
How The Supreme Court And The Department Of Labor May Dispel Myths About Erisa's Family Law Provisions And Protect The Benefit Entitlements That Arise Thereunder, 45 J. Marshall L. Rev. 635 (2012),
2012
UIC School of Law
How The Supreme Court And The Department Of Labor May Dispel Myths About Erisa's Family Law Provisions And Protect The Benefit Entitlements That Arise Thereunder, 45 J. Marshall L. Rev. 635 (2012), Albert Feuer
UIC Law Review
No abstract provided.
Summary Plan Descriptions After Amara, 45 J. Marshall L. Rev. 811 (2012),
2012
UIC School of Law
Summary Plan Descriptions After Amara, 45 J. Marshall L. Rev. 811 (2012), David Pratt
UIC Law Review
No abstract provided.
Medical Provider Claims: Standing, Assignments, And Erisa Preemption, 45 J. Marshall L. Rev. 861 (2012),
2012
UIC School of Law
Medical Provider Claims: Standing, Assignments, And Erisa Preemption, 45 J. Marshall L. Rev. 861 (2012), Kevin Wiggins
UIC Law Review
No abstract provided.
Purpose Over Formality: Putting An End To The Catch-22 Preventing Workers From Speaking Up About Erisa Benefit Abuse, 45 J. Marshall L. Rev. 893 (2012),
2012
UIC School of Law
Purpose Over Formality: Putting An End To The Catch-22 Preventing Workers From Speaking Up About Erisa Benefit Abuse, 45 J. Marshall L. Rev. 893 (2012), Lucas Walker
UIC Law Review
No abstract provided.
Limiting The Affirmative Defense In The Digital Workplace ,
2012
University of Michigan Law School
Limiting The Affirmative Defense In The Digital Workplace , Daniel B. Garrie
Michigan Journal of Gender & Law
From 2009 to 2011, there were more than 30,000 sexual harassment claims filed in the United States. The ubiquitous availability of digital technology devices has facilitated many instances of sexual harassment. Such sexual harassment occurs through unprovoked and offensive e-mails, messages posted on electronic bulletin boards, and other means available on the Internet. To date, courts remain silent on this issue. Should this type of sexual harassment be treated differently from physical sexual harassment? The surprising answer is yes. This Article suggests a new judicial framework for addressing sexual harassment perpetrated through digital communications. This framework accounts for the real-world …
Before Wisconsin And Ohio: The Quiet Success Of Card-Check Organizing In The Public Sector,
2012
University of Missouri School of Law
Before Wisconsin And Ohio: The Quiet Success Of Card-Check Organizing In The Public Sector, Rafael Gely, Timothy D. Chandler
Faculty Publications
Card-check laws, which have been unsuccessfully pursued by private-sector unions, mandate that employers recognize the union as the representative of employees on the basis of signed authorization cards without reliance on a representation election. Card check authorization benefits unions because it short circuits the usual organizing process by eliminating the union's need to further prove majority support in a secret ballot election.' But by doing so, it imposes costs on employers by restricting their efforts to erode union support through aggressive campaign tactics. Our paper seeks to better understand the development of these laws and their effects, and in that …
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.
