Labor and Employment Law Commons^™

The Estimated Value Of A Premium Division One Football Player: The Argument Supporting Pay For Play, Travis S. Roher

CMC Senior Theses

Abstract

The gap between the revenue generated by division one football players and the value of an athletic scholarship is the marginal revenue product of these athletes.  Because of the monopsonistic behavior of the NCAA, division one institutions capture an economic rent from their student athletes. This paper measures the rents generated by NCAA division one football players in the six powerhouse conferences by using linear regressions based on variables such as university revenue, future NFL draft picks, undergraduate population, and weekly AP Top-25 rankings. This paper will inform its readers on how much money these student athletes are generating …

Lawyers Suing Law Firms: The Limits On Attorney Employment Discrimination Claims And The Prospects For Creating Happy Lawyers, Nancy Levit

Faculty Works

It is more than a mild irony that anti-discrimination law fails lawyers in particular. This article addresses doctrinal and pragmatic limits on employment discrimination lawsuits by lawyers against their law firms. It considers the failures of the Title VII template to remedy the sorts of discrimination and dissatisfactions lawyers face in the practice of law, and concludes that many of the things that make lawyers unhappy are simply not reachable through employment discrimination lawsuits. The latter portion of the article turns to the recently emerging science of happiness literature. It suggests that the interests of lawyers and their firms may …

The Importance Of Immutability In Employment Discrimination Law, Sharona Hoffman

Faculty Publications

This article argues that recent developments in employment discrimination law require a renewed focus on the concept of immutable characteristics. In 29 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 …

Whistleblower Protection And The Challenge To Public Employment Law, Robert Vaughn

Contributions to Books

Whistleblowers who are public employees are protected by statutes which vary in scope and character, but authorise employees to disclose information outside of the chain of command and under standards that replace internal agency rules or guidelines. During the last decade a number of countries enacted whistleblower statutes that protect public employees who disclose various types of misconduct or incompetence. At the same time, a number of international treaties and conventions addressing governmental corruption have included provisions protecting whistleblowers. The recent activity in providing protection for public sector whistleblowers as well as movements for honesty and transparency in government present …

The Who Global Code Of Practice On The International Recruitment Of Health Personnel: The Evolution Of Global Health Diplomacy, Allyn L. Taylor, Ibadat S. Dhillon

Georgetown Law Faculty Publications and Other Works

The May 2010 adoption of the World Health Organization Global Code of Practice on the International Recruitment of Health Personnel created a global architecture, including ethical norms and institutional and legal arrangements, to guide international cooperation and serve as a platform for continuing dialogue on the critical problem of health worker migration. Highlighting the contribution of non-binding instruments to global health governance, this article describes the Code negotiation process from its early stages to the formal adoption of the final text of the Code. Detailed are the vigorous negotiations amongst key stakeholders, including the active role of non-governmental organizations. The …

Following In Paul Miller's (Very Large) Footsteps, Chai R. Feldblum

Georgetown Law Faculty Publications and Other Works

A tribute to Paul Miller, former Commissioner of the Equal Employment Opportunity Commission (EEOC). Miller was a leader on disability rights and on ensuring that the EEOC was effectively and forcefully implementing the Americans with Disabilities Act (ADA) of 1990. The author discusses Miller's work as EEOC Commissioner.

The Challenge Of Temporary Work In Twenty-First Century Labor Markets: Flexibility With Fairness For The Low-Wage Temporary Workforce, Harris Freeman, George Gonos

Faculty Scholarship

As the Commonwealth wrestles with the social and economic aftershocks of the worst economic recession in 80 years, the widespread use of temporary staffing arrangements is a sober reminder that the “standard” employment relationship, a cornerstone of the prosperity of the post-­World War II era, is no longer available to a large segment of the American workforce. “Job ladders” have disintegrated, depriving capable and dedicated workers of predictable promotions. Regular step increases in pay and cost-­of-­living adjustments are in many occupational categories a thing of the past. Simply put, the “good jobs” working people need to support families, pay the …

The First Of Thousands? The Long View Of Local 1330'S Challenge To Management Rights And Plant Closings, Harris Freeman

Faculty Scholarship

This Article introduces and frames a symposium issue of Harvard Law School’s Unbound, Journal of the Legal Left that is devoted to an assessment of Local 1330, United Steel Workers v. U.S. Steel (6th Cir. 1980) on the 30th anniversary of the decision. The Author provides a historical and legal context for the federal courts’ decisions on the Steelworkers’ novel community property and contractual claims brought by the plaintiffs in an effort to prevent U.S. Steel from closing its manufacturing operations Youngtown, Ohio. In this context, the Author discusses the relationship of the plaintiffs’ community property claim to the origins …

Dedications To The Memory Of Eric J. Schmertz, Distinguished Professor Of Law And Dean Emeritus, Hofstra University School Of Law (1982-1989) - In Rememberence Of Eric J. Schmertz, Stuart Rabinowitz, Nora V. Demleitner, Malachy T. Mahon, Eric Lane, Alan N. Resnick, John Dewitt Gregory, David B. Feldman, Jeffrey P. Englander, Joanne F. Goldstein

Hofstra Labor & Employment Law Journal

No abstract provided.

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.

Putting A Plug In America's Brian Drain: A Proposal To Increase The U.S. Retention Of Foreign Students Post-Graduation, Christine Chester, Amanda Cully

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, Emily S. Miller

Hofstra Labor & Employment Law Journal

No abstract provided.

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.

Convergences And Divergences In International Legal Norms On Migrant Labor, Chantal Thomas

Cornell Law Faculty Publications

This essay will argue that even where disparate treaties converge doctrinally, they may diverge normatively and that normative divergence may be significant in its own right. Section I of this essay seeks to chart out an initial such analysis, conducting a concise comparison of particular rules affecting migrant workers from different realms of international law. Section I concludes with both a graphic representation of doctrinal convergences and divergences, and a further discussion the doctrinal relationships among treaties as elucidated through consideration of hypothetical legal disputes.

Section II considers the normative implications of divergent rule systems. In particular, Section II raises …

Labor Law, The Left, And The Lure Of The Market, Michael Fischl

Faculty Articles and Papers

No abstract provided.

A Taxonomy Of Virtual Work, Miriam A. Cherry

Faculty Publications

(Excerpt)

The blockbuster movie Avatar begins as humans circle the planet Pandora in search of an element, unobtainium, which will boost the profits of their employer, a mining corporation. Pandora, however, is already inhabited by the Na'vi, an alien species of tall, skinny, blue beings, who live in harmony with the natural environment. With the goal of learning more about the Na'vi and their world, a team of human scientists controls and inhabits vat-grown bodies, using these avatars to interact with the Na'vi. Jake, the protagonist, is a former soldier who has become a paraplegic. When Jake's identical twin, a …

Embracing Caregiving And Respecting Choice: An Essay On The Debate Over Changing Gender Norms, Nicole Buonocore Porter

Faculty Publications

This Essay is the third piece of my project to resolve what I call the "caregiver conundrum" for working caregivers. I define the "caregiver conundrum" broadly, to include all of the workplace norms, rules and practices that make it difficult for working caregivers to successfully balance work and family.

In conceptualizing my ideas, I realized that one of the critiques of my proposal would be that it does nothing to change the gender norms, or stated another way, it accepts the gendered division of work and family with which most people live. I do nothing to get women to do …

A Solution To Holdouts In The National Football League: How Salary Arbitration Can Limit A Growing Problem, Roger Quiles

Cardozo Journal of Conflict Resolution

This Note will explore the intricacies of Major League Baseball's salary arbitration system, as established in the league's CBA with the MLB Players' Association (hereinafter, "MLBPA"), in order to create a suitable and similar forum for the NFL. The MLB salary arbitration model is not perfectly transposed to the NFL, but can be slightly modified to reflect the differences between the sports. The primary difference is that the NFL establishes a salary cap that a team's payroll may not exceed, whereas MLB teams can carry as big of a payroll as they want. Though the salary cap raises several questions …

The Iqbal Effect: The Impact Of New Pleading Standards In Employment And Housing Discrimination Litigation, Raymond H. Brescia

Kentucky Law Journal

No abstract provided.

Investing In Work: Wilkes As An Employment Law Case, Deborah A. Demott

Faculty Scholarship

This Article begins by introducing the doctrine of employment at-will and its contemporary operation, and applying the doctrine to the facts in Wilkes. The point of the exercise is making clear the impact of Wilkes from the standpoint of employment law. The Article next turns to scholarship examining the at-will rule as a default rule and the circumstances under which a default rule may become sticky. Against this background, the Article concludes by reexamining the holding in Wilkes along with subsequent developments in Massachusetts and other jurisdictions. These include the implications of buy-sell and comparable provisions in shareholder agreements. In …