Salary Caps In Professional Sports: Closing The Kovalchuk Loophole In National Hockey League Player Contracts,
2011
Benjamin N. Cardozo School of Law
Salary Caps In Professional Sports: Closing The Kovalchuk Loophole In National Hockey League Player Contracts, Simon Bernstein
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Protecting The Right To Choose: Regulating Conscience Clauses In The Face Of Moral Obligation,
2011
Benjamin N. Cardozo School of Law
Protecting The Right To Choose: Regulating Conscience Clauses In The Face Of Moral Obligation, Huseina Sulaimanee
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Did The Mlbpa Strike Out? An Analysis Of Union Liability In Major League Baseball's Anonymous 2003 Steroid Testing,
2011
Benjamin N. Cardozo School of Law
Did The Mlbpa Strike Out? An Analysis Of Union Liability In Major League Baseball's Anonymous 2003 Steroid Testing, David Adelsberg
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Consensus, Dissensus, And Enforcement: Legal Protection Of Working Women From The Time Of The Triangle Shirtwaist Factory Fire To Today,
2011
Saint Louis University School of Law
Consensus, Dissensus, And Enforcement: Legal Protection Of Working Women From The Time Of The Triangle Shirtwaist Factory Fire To Today, Marcia L. Mccormick
All Faculty Scholarship
The Triangle Shirtwaist Factory tragedy mobilized the labor movement and progressive reformers, and provided part of the political will to enact significant protective health and safety legislation for workers. And while the Triangle Shirtwaist Factory fire has been cited in legal literature as an important event in the movement for workplace safety standards, however, the gendered nature of the tragedy and its place in the development of laws protecting women as women, rather than as beneficiaries of laws protecting all workers, has not been as fully explored. This contribution to the New York University Journal of Legislation and Public Policy's …
Employees And The Boundaries Of The Corporation,
2011
Saint Louis University School of Law
Employees And The Boundaries Of The Corporation, Matthew T. Bodie
All Faculty Scholarship
Employees have no formal role in U.S. corporate law. According to most theories of the firm, however, employees play a critical role in differentiating firms from markets. This essay examines the disparity in treatment and seeks to understand the ramifications of the separation of employees from the corporation. After discussing the absence of employees from the corporate structure, the essay looks at the role of the employees in theories of the firm. In contrast to corporate law, these theories generally include employees within the core of the firm, and they often explain the nature and purpose of the firm in …
Excluding Unemployed Workers From Job Opportunities: Why Disparate Impact Protections Still Matter,
2011
University of Colorado Law School
Excluding Unemployed Workers From Job Opportunities: Why Disparate Impact Protections Still Matter, Helen Norton
Publications
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 …
The Milieu Of The Boardroom And The Precinct Of Employment,
2011
Duke Law School
The Milieu Of The Boardroom And The Precinct Of Employment, Deborah A. Demott
Faculty Scholarship
This Commentary explores differences between employer-employee relationships and service on a board of directors. Against this backdrop, this Commentary argues that the research findings surveyed by Brooke and Tyler (Jennifer K. Brooke & Tom R. Tyler, Diversity and Corporate Performance: A Review of the Psychological Literature, 89 N.C. L. REV. 715 (2011)), although specific to the employment context, may be salient in assessing the impact of diversity among members of a board of directors.
Eliminating The Need For Caps On Title Vii Damage Awards: The Shield Of Kolstad V. American Dental Association,
2011
Boston University School of Law
Eliminating The Need For Caps On Title Vii Damage Awards: The Shield Of Kolstad V. American Dental Association, Michael C. Harper
Faculty Scholarship
After recounting the legislative history of the Civil Rights Act of 1991, this article reconsiders the legislative compromise that allowed in this Act for capped compensatory and punitive damages as remedies for Title VII violations. This reconsideration is made in light of the Court’s decision in Kolstad v. American Dental Association, granting employers protection from a punitive damage remedy if they can demonstrate a good faith effort to comply with the Act. The article argues that this holding obviates the need for damage cap protection of innocent employers. It does so by enabling employers to shield themselves from the threat …
Decent Work, Older Workers, And Vulnerability In The Economic Recession: A Comparative Study Of Australia, The United Kingdom, And The United States,
2011
California Western School of Law
Decent Work, Older Workers, And Vulnerability In The Economic Recession: A Comparative Study Of Australia, The United Kingdom, And The United States, Susan Bisom-Rapp, Andrew Frazer, Malcolm Sargeant
Faculty Scholarship
In countries with aging populations, the global recession presents unique challenges for older workers, and compels an assessment of how they are faring. To this end, the International Labour Organization's concept of decent work provides a useful metric or yardstick. Decent work, a multifaceted conception, assists in revealing the interdependence of measures needed to secure human dignity across the course of working lives. With this in mind, in three English-speaking, common law countries (Australia, the United Kingdom, and the United States), this Article considers several decent work principles applicable to older workers and provides evaluations in light of them. Relevant …
Protecting Immigrant Workers Through Interagency Cooperation,
2011
American University Washington College of Law
Protecting Immigrant Workers Through Interagency Cooperation, Jayesh Rathod
Scholarly Articles in Law Reviews & Journals
Stephen Lee’s Monitoring Immigration Enforcement offers a promising prescription for resolving the long-standing tension between the workplace enforcement priorities of the Department of Homeland Security (“DHS”) and the efforts by the Department of Labor (“DOL”) to protect the rights of immigrant workers. Lee convincingly describes - often with the aid of rich historical examples - the origins of the chronic imbalance of power between DHS and the DOL, and the limitations of past efforts to synchronize the work of the respective agencies. Lee’s proposal for interagency coordination, in the form of ex ante monitoring by the DOL of worksite enforcement …
Clearing Civil Procedure Hurdles In The Quest For Justice,
2011
University of Colorado Law School
Clearing Civil Procedure Hurdles In The Quest For Justice, Suzette M. Malveaux
Publications
No abstract provided.
Civil Rights And Systemic Wrongs,
2011
University of Colorado Law School
Civil Rights And Systemic Wrongs, Melissa Hart
Publications
Systemic employment discrimination is a structural, social harm whose victims include not only those who can be specifically identified, but also many who cannot. Pattern and practice claims in employment litigation are an essential tool for challenging this structural harm. Unfortunately, the Supreme Court's decision in Wal-Mart v. Dukes brushes aside the systemic nature of the plaintiffs' claims, making both theoretical and doctrinal mistakes in its application of the procedural and substantive law applicable in employment discrimination class action litigation. The most troubling part of the Court's opinion--its rejection of statistical modeling for remedial determinations--has received little attention. This article …
Industrial Terrorism And The Unmaking Of New Deal Labor Law,
2011
University of Colorado Law School
Industrial Terrorism And The Unmaking Of New Deal Labor Law, Ahmed A. White
Publications
The passage of the Wagner (National Labor Relations) Act of 1935 represented an unprecedented effort to guarantee American workers basic labor rights--the rights to organize unions, to provoke meaningful collective bargaining, and to strike. Previous attempts by workers and government administrators to realize these rights in the workplace met with extraordinary, often violent, resistance from powerful industrial employers, whose repressive measures were described by government officials as a system of "industrial terrorism." Although labor scholars have acknowledged these practices and paid some attention to the way they initially frustrated labor rights and influenced the jurisprudence and politics of labor relations …
From Wards Cove To Ricci: Struggling Against The Built-In Headwinds Of A Skeptical Court,
2011
University of Colorado Law School
From Wards Cove To Ricci: Struggling Against The Built-In Headwinds Of A Skeptical Court, Melissa Hart
Publications
When the Supreme Court in 1971 first recognized disparate impact as a legal theory under Title VII, the Court explained that the "absence of discriminatory intent does not redeem employment procedures or testing mechanisms that operate as ‘built-in headwinds’ for minority groups and are unrelated to measuring job capability." Forty years later, it is the built-in headwinds of a Supreme Court skeptical of - perhaps even hostile to - the goals of disparate impact theory that pose the greatest challenge to continued movement toward workplace equality. The essay examines the troubled trajectory that disparate impact law has taken in the …
Yes, Labor Markets Are Flawed--But So Is The Economic Case For Mandating Employee Voice In Corporate Governance,
2011
University of Colorado Law School
Yes, Labor Markets Are Flawed--But So Is The Economic Case For Mandating Employee Voice In Corporate Governance, Scott A. Moss
Publications
No abstract provided.
Card Check Labor Certification: Lessons From New York,
2011
CUNY Hunter College
Card Check Labor Certification: Lessons From New York, William A. Herbert
Publications and Research
During the debate over the card check proposal in the Employee Free Choice Act of 2009 (EFCA), there has been a notable lack of discussion about New York’s fifty-year history and experience with card check certification. This article challenges and contradicts much of the prior scholarship and debate over EFCA by examining New York’s development and administration of card check procedures. The article begins with an overview of the history of New York public sector labor relations prior to the establishment of collective bargaining rights. As part of that historical overview, it examines the development of informal employee organization representation, …
Expanding Frames Of Reference In The Work Life Policy Debate,
2011
Seton Hall Law
Expanding Frames Of Reference In The Work Life Policy Debate, Theodore Hall
Student Works
No abstract provided.
Beyond Collective Bargaining: Modern Unions As Agents Of Social Solidarity,
2011
Columbia Law School
Beyond Collective Bargaining: Modern Unions As Agents Of Social Solidarity, Gillian Lester
Faculty Scholarship
Trade unions in both North American and Europe have long embraced — at least rhetorically, but often manifestly — participation in the civic and political spheres as part of their mission. In recent years, however, unions — especially in America — have come to be seen by many, rightly or wrongly, as pursuing their own ‘special interests’. Unions possess the technology of social mobilization, but have often (and not unreasonably) focused their resources on grassroots organizing and local bargaining strategies. At a time when unions are seeking levers for revitalization, a promising path is for them to use their mobilization …
Cultivating Justice For The Working Poor: Clinical Representation Of Unemployment Claimants,
2011
Columbia Law School
Cultivating Justice For The Working Poor: Clinical Representation Of Unemployment Claimants, Colleen F. Shanahan
Faculty Scholarship
The combination of current economic conditions and recent changes in the United States' welfare system makes representation of unemployment insurance claimants by clinic students a timely learning opportunity. While unemployment insurance claimants often share similarities with student attorneys, they are unable to access justice as easily as student attorneys, and as a result, face the risk of severe poverty. Clinical representation of unemployment claimants is a rich opportunity for students to experience making a difference for a client, and to understand the issues of poverty and justice that these clients experience along the way. These cases reveal that larger lessons …
