Panelist Biographies,
2011
American University Washington College of Law
Welcome Remarks: Overview Of Title Vii,
2011
American University Washington College of Law
Welcome Remarks: Overview Of Title Vii
Labor & Employment Law Forum
No abstract provided.
Volume 1, Number 2,
2011
American University Washington College of Law
Els Enforcement 1965-1974,
2011
American University Washington College of Law
Protecting Your Rights, But Not Your Paycheck: How Executive Compensation Regulation Passes Constitutional Muster,
2011
West Virginia University College of Law
Protecting Your Rights, But Not Your Paycheck: How Executive Compensation Regulation Passes Constitutional Muster, Sarah B. Patterson
West Virginia Law Review
No abstract provided.
"Mancession" Or "Momcession"?: Good Providers, A Bad Economy, And Gender Discrimination,
2011
University of California Hastings College of Law
"Mancession" Or "Momcession"?: Good Providers, A Bad Economy, And Gender Discrimination, Joan C. Williams, Allison Tait
Chicago-Kent Law Review
In the aftermath of the 2008 economic downturn, two of the hardest hit industries were manufacturing and construction. As a result, men became unemployed at a higher rate than women, and consequently, women—for the first time ever—became over fifty percent of the employment. This "mancession" gave rise to great debate over the place of women in the workforce and the important role that employment plays in shaping male identity. An intervening critique came in the form of the "momcession" discourse that focused on the impact of the recession on mothers, who were often responsible for caretaking, homemaking, and providing the …
Enforcement And The Future,
2011
American University Washington College of Law
$0.77 Does Not Equal $1.00: A Perspective On The Ledbetter Fair Pay Act In A Dukes V. Wal-Mart World,
2011
American University Washington College of Law
$0.77 Does Not Equal $1.00: A Perspective On The Ledbetter Fair Pay Act In A Dukes V. Wal-Mart World, Jessica B. Clarke
Labor & Employment Law Forum
No abstract provided.
Terms Matter: Reflections On The Wyoming Debate Over The Teachers’ “Union” And Teacher “Tenure”,
2011
Saint Louis University School of Law
Terms Matter: Reflections On The Wyoming Debate Over The Teachers’ “Union” And Teacher “Tenure”, Michael C. Duff
All Faculty Scholarship
Invariably, in Wyoming, as in other states, the educational debate swirls around two topics: the extent to which school teachers’ unions influence educational policy, and the related, but distinct, question of whether teachers are unreasonably entrenched in their jobs through systems of “tenure.” These questions in turn are closely intertwined with the broader national debate over public employee unionism. In Wyoming, however, the broader debate is not at issue, a fact that will be revealed in this article through close scrutiny of the terms “union” and “tenure.”
Workplace Religious Accommodation For Muslims
And The Promise Of State Constitutionalism,
2011
University of Nebraska at Kearney
Workplace Religious Accommodation For Muslims And The Promise Of State Constitutionalism, Peter Longo, Joan M. Blauwkamp
Great Plains Research: A Journal of Natural and Social Sciences (through 2013)
This article considers whether state constitutionalism provides greater possibilities for workplace religious accommodation than is currently available to religious minorities within federal law under Title VII of the Civil Rights Act of 1964. We approach this question via a case study of the controversy over religious accommodation for practicing Muslims employed by the JBS Swift and Company meatpacking plant in Grand Island, N E. The case study consists of analyses of the requirements for religious accommodation under federal law, examination of the reasons why religious accommodation under federal law was not achieved in the Grand Island case, and analysis of …
Work, Caregiving, And Masculinities,
2011
University of Nevada, Las Vegas -- William S. Boyd School of Law
Work, Caregiving, And Masculinities, Ann C. Mcginley
Scholarly Works
In her book Reshaping the Work-Family Debate, Joan Williams demonstrates the vulnerability of parent workers in working class America. In Chapter 2, "One Sick Child Away from Being Fired," she examines the records of ninety-nine union arbitrations to analyze the problems of working class parents who struggle to juggle their working and parenting responsibilities. Because this chapter is a tour de force in an overall excellent book, and because it suggests an area that Professor McGinley's research has focused on over the past number of years, in this Essay, Professor McGinley limits her discussion almost exclusively to this chapter. …
Introductory Note,
2011
American University Washington College of Law
Introductory Note, Richard S. Ugelow
Labor & Employment Law Forum
No abstract provided.
Enforcement Against State And Local Governments,
2011
American University Washington College of Law
Enforcement Against State And Local Governments
Labor & Employment Law Forum
No abstract provided.
Texas Elective Workers' Compensation: A Model Of Innovation?,
2011
William & Mary Law School
Texas Elective Workers' Compensation: A Model Of Innovation?, Jason Ohana
William & Mary Business Law Review
Workers' Compensation is often described as a bargain between employers and employees. Employees give up the right to sue their employers in negligence for workplace injuries, and, in return, employers agree to pay predictable, statutorily mandated benefits to injured employees. Over time, this “bargain” became compulsory in every state but one. Texas is the only state in which employers and employees can decide whether or not to enter the workers' compensation bargain. This elective system has some fairly serious problems, and many have advocated its abandonment. This Note analyzes the system's history, compares the system to conventional compulsory systems, analyzes …
Going Postal: What Can Reform Do For You?,
2011
William & Mary Law School
Going Postal: What Can Reform Do For You?, Lauren T. Andrews
William & Mary Business Law Review
The sending and receiving of post and parcel is a vital aspect of daily living in the United States. Despite this vitality, the setup for post and parcel delivery in the United States has been heavily criticized. This Note, in response to these criticisms, explores whether postal reform is warranted in the United States today. To do so, this Note examines the origins of the public/private dichotomy inherent in the delivery of post and parcel, governmental regulation of the United States Postal Service and its private competitors, and the monopolies possessed by the United States Postal Service. It then analyzes …
Research To Practice: Collaboration Between State Intellectual And Developmental Disabilities Agencies And State Vocational Rehabilitation Agencies: Results Of A National Survey,
2011
University of Massachusetts Boston
Research To Practice: Collaboration Between State Intellectual And Developmental Disabilities Agencies And State Vocational Rehabilitation Agencies: Results Of A National Survey, Heike Boeltzig, Jean E. Winsor, Kelly Haines
Research to Practice Series, Institute for Community Inclusion
Do state intellectual and developmental disabilities (IDD) agencies collaborate with their vocational rehabilitation (VR) counterparts? If so, in what ways and how formalized are these collaborative efforts? This Research to Practice Brief provides answers to those and other questions.
Union Salts As Administrative Private Attorneys General,
2011
Saint Louis University School of Law
Union Salts As Administrative Private Attorneys General, Michael C. Duff
All Faculty Scholarship
The legitimacy of union salting campaigns has been debated frequently and bitterly over the last several years. Salts, the agents of these campaigns, are professional union organizers who apply for, and sometimes obtain – often surreptitiously – employment with non-union employers in furtherance of union objectives. Although recent decisions of the National Labor Relations Board (NLRB), under the influence of the W. Bush administration, have erected administrative and legal roadblocks to the conduct of salting campaigns, it is likely that the “Obama Board” will revisit the issues surrounding them. This article argues that salts have served a legitimate function by …
Assessing The Regulation Of Temporary Foreign Workers In Canada,
2011
Osgoode Hall Law School of York University
Assessing The Regulation Of Temporary Foreign Workers In Canada, Sarah Marsden
Osgoode Hall Law Journal
There has been an increase in the number of incoming temporary migrant workers to Canada over the past decade. In this article, I critically assess recent changes in the law governing temporary migration to Canada by using theoretical tools from the fields of sociology, geography, and legal geography. A multidisciplinary framework to understand Canada's labour migration policies is provided. Within the socio-historical context of migrant labour regulation in Canada, I argue that political and regulatory developments function to further entrench segregation and exclusion of foreign workers by maintaining a subclass of flexible labour. Specifically, I show that Canada's current temporary …
Relieving (Most Of) The Tension: A Review Essay Of Samuel R. Bagenstos, Law And The Contradictions Of The Disability Rights Movement,
2011
William & Mary Law School
Relieving (Most Of) The Tension: A Review Essay Of Samuel R. Bagenstos, Law And The Contradictions Of The Disability Rights Movement, Nicole Buonocore Porter
Faculty Publications
This Review Essay reveals the considerable contribution made by Professor Samuel Bagenstos in his book, Law and the Contradictions of the Disability Rights Movement, where he acknowledges and tackles most of the contradictions and tensions within the disability law field. Instead of repeating familiar arguments about a backlash against the Americans with Disabilities Act (ADA), Bagenstos recognizes and explains that much of the lack of success of the ADA can be attributed to tensions in the goals and projects of the disability rights movement. He makes a very convincing argument that the anti-discrimination and accommodation model of the ADA, …
The Importance Of Immutability In Employment Discrimination Law,
2011
Case Western Reserve University School of Law
The Importance Of Immutability In Employment Discrimination Law, Sharona Hoffman
William & Mary Law Review
This Article argues that recent developments in employment discrimination law require a renewed focus on the concept of immutable characteristics. In 2009, two new laws took effect: the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act Amendments Act (ADAAA). This Article’s original contribution is an evaluation of the employment discrimination statutes as a corpus of law in light of these two additions.
The Article thoroughly explores the meaning of the term “immutable characteristic” in constitutional and employment discrimination jurisprudence. It postulates that immutability constitutes a unifying principle for all of the traits now covered by the employment …
