North American Border Wars: The Role Of Canadian And American Scholarship In U.S. Labor Law Reform Debates,
2012
California Western School of Law
North American Border Wars: The Role Of Canadian And American Scholarship In U.S. Labor Law Reform Debates, Michael J. Zimmer, Susan Bisom-Rapp
Faculty Scholarship
The economies of Canada and the United States and the organization of their societies are deeply interrelated but significant differences exist. This article briefly traces the interaction between the two countries in the development of labor relations laws with a particular emphasis on the impact of scholarly work on U.S. labor law reform debates in the last two decades. Instructive for that purpose is the work of Professor Paul Weiler, a prominent figure in labor law policy discussions in both countries. A significant architect of labor law in Canada, Professor Weiler came to Harvard Law School in 1978 and brought …
Labor Policy And The Great Recession,
2012
Stanford University, Graduate School of Business
Labor Policy And The Great Recession, Robert J. Flanagan
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.
Changing Workforce Demographics And The Future Of The Protected Class Approach,
2012
University of Missouri - Kansas City, School of Law
Changing Workforce Demographics And The Future Of The Protected Class Approach, Nancy Levit
Faculty Works
The composition and identity characteristics of the American workforce are changing. The population in this country is rising, aging, and becoming much more racially and ethnically diverse. Appearance norms are shifting too. These changes have enormous implications for constitutional and employment discrimination law. In both equal protection and employment discrimination cases, recovery usually depends on membership in a constitutionally or statutorily protected category. Yet the statutory approach to anti-discrimination law has stagnated. Part of the difficulty of the protected class approach is that it is based on something of a paradox — the paradox of exceptionalism. Class-based protection requires individuals …
Punishment And Work Law Compliance: Lessons From Chile,
2012
Maurice A. Deane School of Law at Hofstra University
Punishment And Work Law Compliance: Lessons From Chile, Cesar F. Rosado Marzan
Hofstra Labor & Employment Law Journal
Workplace law activists and reformers find it increasingly more difficult to obtain redress for violation of workers’ rights. Some of them are calling for stricter enforcement and tougher penalties to bring employers into compliance. However, after seven and half months of participant observation at the Labor Directorate and the labor courts of Chile, institutions that use punishment as their main tools of enforcement, I am skeptical about the likelihood of success of mere punishment for effective workplace law enforcement and compliance. I am skeptical even though Chile is a country recognized as the Latin American “jaguar” for its successful economy …
The Great Recession, The Resulting Budget Shortfalls, The 2010 Elections And The Attack On Public Sector Collective Bargaining In The United States,
2012
Maurice A. Deane School of Law at Hofstra University
The Great Recession, The Resulting Budget Shortfalls, The 2010 Elections And The Attack On Public Sector Collective Bargaining In The United States, Kenneth Glenn Dau-Schmidt, Winston Lin
Hofstra Labor & Employment Law Journal
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, …
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.
Robbing A Barren Vault: The Implication Of Dukes V. Wal-Mart For Cases Challenging Subjective Employment Practices,
2012
Maurice A. Deane School of Law at Hofstra University
Robbing A Barren Vault: The Implication Of Dukes V. Wal-Mart For Cases Challenging Subjective Employment Practices, Elizabeth Tippett
Hofstra Labor & Employment Law Journal
This article examines federal opinions from 2005-2011 challenging subjective employment practices under a 'disparate impact' or 'pattern or practice' theory to assess the likely impact of Dukes v. Wal-Mart on such cases. Although the Wal-Mart ruling favors employers, results suggest that the ruling’s effect on employer selection practices will be muted by the low prevalence of such claims. An average employer’s litigation risk in connection with such claims is so vanishingly small that I surmise they rarely examine or alter their subjective selection practices in response. However, the risk of a lawsuit challenging subjective employment practices was not homogenous across …
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.
Eastern Enterprises As The Canary In The Coalmine: Will The Supreme Court Hamper The Gulf Workforce By Continuing To Confuse The Constitutionality Of Retrograde Liability Provisions?,
2012
Maurice A. Deane School of Law at Hofstra University
Eastern Enterprises As The Canary In The Coalmine: Will The Supreme Court Hamper The Gulf Workforce By Continuing To Confuse The Constitutionality Of Retrograde Liability Provisions?, Jacob Claveloux
Hofstra Labor & Employment Law Journal
No abstract provided.
North American Border Wars: The Role Of Canadian And American Scholarship In U.S. Labor Law Reform Debates,
2012
Maurice A. Deane School of Law at Hofstra University
North American Border Wars: The Role Of Canadian And American Scholarship In U.S. Labor Law Reform Debates, Michael J. Zimmer, Susan Bisom-Rapp
Hofstra Labor & Employment Law Journal
The economies of Canada and the United States and the organization of their societies are deeply interrelated but significant differences exist. This article briefly traces the interaction between the two countries in the development of labor relations laws with a particular emphasis on the impact of scholarly work on U.S. labor law reform debates in the last two decades. Instructive for that purpose is the work of Professor Paul Weiler, a prominent figure in labor law policy discussions in both countries. A significant architect of labor law in Canada, Professor Weiler came to Harvard Law School in 1978 and brought …
The Labor Law Jurisprudence Of Wilma Liebman,
2012
Maurice A. Deane School of Law at Hofstra University
The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory, Ian Hayes, Amanda Jaret
Hofstra Labor & Employment Law Journal
No abstract provided.
Lactation Breaks In The Workplace: What Employers Need To Know About The Nursing Mothers Amendment To The Flsa,
2012
Maurice A. Deane School of Law at Hofstra University
Lactation Breaks In The Workplace: What Employers Need To Know About The Nursing Mothers Amendment To The Flsa, Sarah Andrews
Hofstra Labor & Employment Law Journal
No abstract provided.
The First Prong's Effect On The Docket: How The Second Circuit Should Modify The Mcdonnell Douglas Framework In Title Vii Reverse Discrimination Claims,
2012
Maurice A. Deane School of Law at Hofstra University
The First Prong's Effect On The Docket: How The Second Circuit Should Modify The Mcdonnell Douglas Framework In Title Vii Reverse Discrimination Claims, Ryan Mainhardt, William Volet
Hofstra Labor & Employment Law Journal
No abstract provided.
Drawing A Line In The Shifting Sand Of Social Media: Attempting To Prevent Teachers From "Liking" A Student Outside The Classroom,
2012
Maurice A. Deane School of Law at Hofstra University
Drawing A Line In The Shifting Sand Of Social Media: Attempting To Prevent Teachers From "Liking" A Student Outside The Classroom, James R. Baez, Kerri E. Caufield
Hofstra Labor & Employment Law Journal
No abstract provided.
Introduction: Guaranteeing The Rights Of Public Employees,
2012
Indiana University Maurer School of Law
Introduction: Guaranteeing The Rights Of Public Employees, Kenneth G. Dau-Schmidt, Ann. C. Mcginley
Articles by Maurer Faculty
No abstract provided.
(In)Competence In Appellate And District Court Brief Writing On Rule 12 And 56 Motions,
2012
Associate Professor, University of Colorado Law School
(In)Competence In Appellate And District Court Brief Writing On Rule 12 And 56 Motions, Scott A. Moss
NYLS Law Review
No abstract provided.
Once Is Enough: The Need To Apply The Full Ellerth/Faragher Affirmative Defense In Single Incident And Incipient Hostile Work Environment Sexual Harassment Claims,
2012
The Catholic University of America, Columbus School of Law
Once Is Enough: The Need To Apply The Full Ellerth/Faragher Affirmative Defense In Single Incident And Incipient Hostile Work Environment Sexual Harassment Claims, Charles W. Garrison
Catholic University Law Review
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 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. …
Title Vii Works - That's Why We Don't Like It,
2012
University of Missouri School of Law
Title Vii Works - That's Why We Don't Like It, Chuck Henson
Faculty Publications
In response to the universal belief that Title VII of the Civil Rights Act of 1964 is not fulfilling its purpose, this Article presents a different perspective on the reality of this federal employment discrimination law. Title VII is fulfilling the purpose of the Congress that created it. The purpose was not the eradication of all discrimination in employment. The purpose was to balance the prohibition of the most obvious forms of discrimination with the preservation of as much employer decision-making latitude as possible. Moreover, the seminal Supreme Court decision, McDonnell Douglas v. Green, accurately implemented this balance. This Article …
