Brief For Respondent, Duryea, Pa. V. Guarnieri, 564 U.S. 379 (2011) (No. 09-1476), 2011 Wl 175871, 2011 University of Washington School of Law
Brief For Respondent, Duryea, Pa. V. Guarnieri, 564 U.S. 379 (2011) (No. 09-1476), 2011 Wl 175871, Cynthia L. Pollick, Eric Schnapper
Court Briefs
No abstract provided.
Picked Apart: The Hidden Struggles Of Migrant Worker Women In The Maryland Crab Industry., 2011 American University Washington College of Law
Picked Apart: The Hidden Struggles Of Migrant Worker Women In The Maryland Crab Industry., Jayesh Rathod, Adrienne Lockie
Jayesh Rathod
Every year, hundreds of Mexican women travel thousands of miles from their impoverished, rural home communities to work on the Eastern Shore of Maryland in the state’s historic crab industry. Maryland crab companies have increasingly come to rely on these women, who enter the U.S. on temporary guestworker visas known as H-2B visas. This report describes these women’s experiences as H-2B migrant workers, and is the result of over 40 formal interviews conducted in both the U.S. and Mexico since 2008. By obtaining first-hand accounts from the workers, the report documents the forces and conditions that give rise to this …
Reconciling Fundamental Social Rights And Economic Freedoms, 2011 Tor Vergata University
Reconciling Fundamental Social Rights And Economic Freedoms, Michele Faioli
Michele Faioli
No abstract provided.
Special Economic Zones In India: Labor Issues And Key Considerations., 2011 NALSAR University of Law
Special Economic Zones In India: Labor Issues And Key Considerations., Varun Vaish
Varun Vaish
Michel Chossaovsky recognizes that this era of globalization, is marked by a relocation of the Industrial base of advanced countries to cheap labour locations in developing countries. The obvious requirement is that of a cheap, stable and disciplined industrial labour force in a “secure political environment”. In tune with Global adjustment requirements various measures are being adopted to promote export competitiveness by the governments in these countries. These measures attempt to fulfill the hidden agenda of structural adjustment programmes, which endorse the development of a cheap-labour export economy, and drive down world commodity prices. Post 1991 in line with the …
"Don't Ask, Don't Tell" - Except In A Job Interview: The Discriminatory Effect Of The Policy On A Veteran's Employment, 2011 American University Washington College of Law
"Don't Ask, Don't Tell" - Except In A Job Interview: The Discriminatory Effect Of The Policy On A Veteran's Employment, Amanda Alquist Pope
Legislation and Policy Brief
A United States military veteran’s ability to receive benefits, such as preference in federal employment is, in part, based upon the reason for discharge. Lesbian, gay, or bisexual (LGB) members of the military may be dishonorably discharged under the “policy concerning homosexuality in the armed forces,” commonly referred to as “Don’t Ask, Don’t Tell” (DADT). Under this policy, the reason for discharge on a service member’s papers may be listed as “homosexual conduct,” “homosexual act,” or “homosexual admission.” One major discriminatory effect of this policy is that, given the narrative reason that appears on the dis-charge form, this policy effectively …
Labor Law, The Left, And The Lure Of The Market, 2011 University of Connecticut School of Law
Labor Law, The Left, And The Lure Of The Market, Michael Fischl
Faculty Articles and Papers
No abstract provided.
Constitutional Contracts Clause Challenges In Public Pension Litigation, 2011 Maurice A. Deane School of Law at Hofstra University
Constitutional Contracts Clause Challenges In Public Pension Litigation, Paul M. Secunda
Hofstra Labor & Employment Law Journal
The recent spate of high profile efforts by state governors to roll back public employee pension rights in light of recent budgetary challenges has shone the light directly on the importance to public employees of the Contracts Clause provisions of the federal and state constitutions. Using as an example the controversial budget repair bill in Wisconsin and the application of the bill’s pension provisions to Milwaukee City employee pension rights, this article has sought to show how, under certain specified circumstances, such legislative attempts may be constitutionally impermissible if such laws substantially impair employee contracts with the state without the …
Public Sector Labor Law And History: The Politics Of Ancient History?, 2011 Maurice A. Deane School of Law at Hofstra University
Public Sector Labor Law And History: The Politics Of Ancient History?, William A. Herbert
Hofstra Labor & Employment Law Journal
This article discuss three books that address various aspects of public sector labor history. It seeks to contextualize the current debate over public sector labor law and relations through the lessons of relevant history. The first book discussed is entitled The Man Who Saved New York: Hugh Carey and the Great Fiscal Crisis of 1975, by Seymour P. Lachman and Robert Polner. It recounts the leadership of Governor Carey and public sector labor leaders in reaching negotiated solutions through collective bargaining that helped solve New York City's fiscal crisis in 1975. The second book is a long-forgotten 1948 treatise Government …
The Judiciary's Efforts To Save Public Employers From The Bargains They Have Made: The Non-Delegability And Against Public-Policy Doctrines, 2011 Maurice A. Deane School of Law at Hofstra University
The Judiciary's Efforts To Save Public Employers From The Bargains They Have Made: The Non-Delegability And Against Public-Policy Doctrines, James A. Shaw
Hofstra Labor & Employment Law Journal
No abstract provided.
Coming Out To Fight For Our Country: Achieving Equality For Gay Service Members In A Post-"Dont Ask, Don't Tell" Military, 2011 Maurice A. Deane School of Law at Hofstra University
Coming Out To Fight For Our Country: Achieving Equality For Gay Service Members In A Post-"Dont Ask, Don't Tell" Military, Ashley L. Behre
Hofstra Labor & Employment Law Journal
No abstract provided.
Avoiding Legal Seduction: Reinvigorating The Labor Movement To Balance Corporate Power, 2011 University of Richmond
Avoiding Legal Seduction: Reinvigorating The Labor Movement To Balance Corporate Power, Ann C. Hodges
Law Faculty Publications
This Article begins by briefly describing how legal and political action has come to be a central strategy for labor unions. Next, it analyzes the ways in which the law has failed the labor movement, reviewing various laws that have been enacted to protect employees, often at the behest of unions, and how those laws have been perversely twisted to the detriment of workers. The Article, then, looks at unions and employee movements that have succeeded in the face of unfavorable laws and analyzes the determinants of those union successes. Finally, based on these strategies, the Article provides suggestions about …
Statutory Supplement To Employment Discrimination: A Context And Practice Casebook, 2011 William & Mary Law School School
Statutory Supplement To Employment Discrimination: A Context And Practice Casebook, Susan Grover, Sandra F. Sperino, Jarod S. Gonzalez
Faculty Articles and Other Publications
No abstract provided.
Speak The Truth And Tell No Lies: An Update For The Employee Polygraph Protection Act, 2011 Maurice A. Deane School of Law at Hofstra University
Speak The Truth And Tell No Lies: An Update For The Employee Polygraph Protection Act, David Barnhorn, Joey E. Pegram
Hofstra Labor & Employment Law Journal
No abstract provided.
Genetic Information Nondiscrimination Act Of 2008: It's In Title Vii's Genes, 2011 Maurice A. Deane School of Law at Hofstra University
Genetic Information Nondiscrimination Act Of 2008: It's In Title Vii's Genes, Phillip K. Vacchio, Joshua L. Wolinsky
Hofstra Labor & Employment Law Journal
No abstract provided.
The Strongest Defense You've Never Heard Of: The Constitution's Federal Enclave Doctrine And Its Effect On Litigants, States, And Congress, 2011 Maurice A. Deane School of Law at Hofstra University
The Strongest Defense You've Never Heard Of: The Constitution's Federal Enclave Doctrine And Its Effect On Litigants, States, And Congress, Emily S. Miller
Hofstra Labor & Employment Law Journal
No abstract provided.
Ambivalence And Activism: Employment Discrimination In China, 2011 Vanderbilt University Law School
Ambivalence And Activism: Employment Discrimination In China, Timothy Webster
Vanderbilt Journal of Transnational Law
Chinese courts have not vigorously enforced many human rights, but a recent string of employment discrimination lawsuits suggests that, given the appropriate conditions, advocacy strategies, and rights at issue, victims can vindicate constitutional and statutory rights to equality in court. Specifically, carriers of the hepatitis B virus (HBV) have used the 2007 Employment Promotion Law to ground legal challenges against employers who discriminate against them in the hiring process. Plaintiffs' relatively high success rate suggests official support for making one prevalent form of discrimination illegal. Central to these lawsuits is a broad network of lawyers, activists, and scholars who actively …
Generational Differences In Work Attitudes: Evidence From The Hospitality Industry, 2011 The University of Queensland
Generational Differences In Work Attitudes: Evidence From The Hospitality Industry, David Solnet, Anna Kralj
Hospitality Review
Our understanding of employee attitudes and their impact on business outcomes has been further complicated in recent years by the newest cohort of service workers. Known as Generation Y (Gen Y), they appear to approach employment in a manner different to that of their predecessors. A review of the academic literature reveals little empirical evidence to support an appropriate understanding of the impact of such difference. This paper provides an overview of a large-scale study into generational differences in employee attitudes and reports on the preliminary data analysis of a survey of over 900 hospitality employees. The most important initial …
Human Capital Decisions And Employee Satisfaction At Selected Hotels In India, 2011 H.N.B. Garhwal University
Human Capital Decisions And Employee Satisfaction At Selected Hotels In India, S.C Bagri, A. Suresh Babu, Mohit Kukreti, Scott Smith
Hospitality Review
Understanding the role of human capital is one of the key considerations in delivering and sustaining competitiveness. Managing employees in the hospitality industry is particularly a challenging task as the industry is considered to be labor intensive. High turnover and increasing employee demands are among the problems that are identified as threats to maintaining a strong competitive position. Successful hotels attempt to retain their best employees in an effort to adapt to changing environments and increased competition. Effective hotel human resource systems can produce positive outcomes, through effective employee retention strategies that focus on work force motivation, attitudes and perception. …
Interrole Conflicts In The Hospitality Industry: The Role Of Positive Affectivity As An Antidote, 2011 East Tennessee State University
Interrole Conflicts In The Hospitality Industry: The Role Of Positive Affectivity As An Antidote, Ugur Yavas, Osman M. Karatepe, Emin Babakus
Hospitality Review
This study investigates the role of positive affectivity as a buffer against the detrimental effects of interrole conflicts on frontline hotel employees’ job performance and turnover intentions. Data collected from a sample of frontline hotel employees in Turkey serve as the study setting. Results and their implications are discussed, and directions for future research are offered.
When "The Evil Day" Comes, Will Title Vii's Disparate Impact Provision Be Narrowly Tailored To Survive An Equal Protection Clause Challenge?, 2011 American University Washington College of Law
When "The Evil Day" Comes, Will Title Vii's Disparate Impact Provision Be Narrowly Tailored To Survive An Equal Protection Clause Challenge?, Eang L. Ngov
American University Law Review
No abstract provided.