Labor and Employment Law Commons^™

Justice Carter's Dissent In Hughes V. Superior Court Of Contra Costa County: Harbinger Of The 60s Civil Rights Movement And Affirmative Action?, Frederick White

Publications

As a response to the discriminatory hiring practices of a large number of white-owned businesses in the 1940s, Hughes and others established a group called "Progressive Citizens of America" ("Progressive") in Richmond, California. The Hughes case detailed the events surrounding unemployed black workers picketing certain "Lucky Stores;' a grocery chain with a store located near the Canal Housing Project in Richmond, in order to compel the store to hire more black clerks. In response to the picketing, lawyers for Lucky Stores requested a preliminary injunction against the picketing. The request for injunctive relief was granted by the Superior Court of …

Report To The Legislature Fiscal Year 2009-2010, Agricultural Labor Relations Board

California Agencies

No abstract provided.

Walking The Legal Tightrope: Solutions For Achieving A Balanced Life In Law, Leslie L. Cooney

Faculty Scholarship

For over twenty years, issues surrounding women and their status in the legal profession have been documented, analyzed, and reported. The American Bar Association (ABA) Commission on Women in its 1988 study concluded that a thorough reexamination of attitudes and structures within the legal profession was needed to remedy the underrepresentation of women in the positions of power within the profession-law firm partnerships and judicial appointments. Nearly a decade later, the ABA Commission on Women found that little progress had been made in female representation and concluded the mere passage of time alone would not render sufficient corrections. Although the …

Walking The Legal Tightrope: Solutions For Achieving A Balanced Life In Law, Leslie Larkin Cooney

Faculty Scholarship

Leslie Cooney, Walking the Legal Tightrope: Solutions for Achieving a Balanced Life in Law, 47 San Diego Law Review 421 (2010). For over twenty years, issues surrounding women and their status in the legal profession have been documented, analyzed, and reported. The American Bar Association (ABA) Commission on Women in its 1988 study concluded that a thorough reexamination of attitudes and structures within the legal profession was needed to remedy the underrepresentation of women in the positions of power within the profession-law firm partnerships and judicial appointments. Nearly a decade later, the ABA Commission on Women found that little …

Gina's Genotypes, David H. Kaye

Michigan Law Review First Impressions

In August 2009, the Board of Trustees of the University of Akron added to the university's employment policy the following proviso: "any applicant may be asked to submit fingerprints or DNA sample for purpose of a federal criminal background check." Although the federal government does not do background checks with DNA, the policy is significant because it highlights a largely unexplored feature of the Genetic Information Nondiscrimination Act of 2008 ("GINA"). Hailed by the late Senator Edward Kennedy as "the first civil rights bill of the new century of life sciences," GINA generally prohibits employers from asking for "genetic information." …

Of Dinosaurs And Birds: The Second Circuit’S “Forum Rule” As An Unwarranted Attack On Plaintiffs’ Employment Discrimination Class Action Attorneys’ Fee Petitions, Patrick F. Madden, Shanon J. Carson

Patrick F. Madden

No abstract provided.

Workplace Bullying As An Occupational Safety And Health Matter: A Comparative Analysis, Susan Harthill

Susan Harthill

Workers who are bullied at work suffer physically and mentally, and can even be driven to suicide. There ought to be a law against workplace bullying, and in some countries, there is. Despite a growing body of inter-disciplinary work highlighting the prevalence and costs of workplace bullying in the United States, there are currently no U.S. state or federal laws expressly addressing the issue, despite the ground breaking work and legislative efforts of workplace bullying pioneers, David Yamada and Drs. Ruth and Gary Namie. The dismal fact for American workers is that the United States lags behind many other countries …

Hedge Funds: 1997 Asian Financial Crisis, Response And Regulatory Measures In South Korea, Arun Khatri

Arun Khatri

Introduction:

The principal focus of this paper is on the role of hedge funds in the 1997 Asian financial crisis, and the reforms and regulations adopted by South Korea after the crisis. Apart from this it also discusses some aspects of the role played by world bodies like the IMF in bailing South Korea out of the crisis. The paper will begin with an analysis of events leading to the Asian financial crisis. From there, it will discuss the basic fundamentals of hedge funds, strategies employed by hedge funds and then their role in the crisis. It will then analyze …

The Dean Takes His Stand: Julian Monnet's 1912 Harvard Law Review Article Denouncing Oklahoma's Discriminatory Grandfather Clause, Harry F. Tepker Jr.

Harry F. Tepker Jr.

No abstract provided.

Agency-Specific Precedents, Robert L. Glicksman, Richard E. Levy

Robert L. Glicksman

As a field of legal study and practice, administrative law rests on the premise that legal principles concerning agency structure, administrative process, and judicial review cut across multiple agencies. In practice, however, judicial precedents addressing the application of administrative law doctrines to a given agency tend to rely most heavily on other cases involving the same agency, and use verbal formulations or doctrinal approaches reflected in those cases. Over time, the doctrine often begins to develop its own unique characteristics when applied to that particular agency. These “agency-specific precedents” deviate from the conventional understanding of the relevant principles as a …

Business-Like: The Supreme Court’S 2009-2010 Labor And Employment Decisions, Melissa R. Hart

Melissa R Hart

No abstract provided.

Ending Death By Dangerousness, William W. Berry Iii

William W Berry III

The use of the death penalty (both in number of new death sentences and actual executions) has been steadily decreasing in the past decade. This decrease has largely been attributed to two phenomena: (1) the continued discovery of individuals on death row who are actually innocent of the crimes they committed and (2) the increasing use of life without parole as a sentencing alternative to the death penalty. Abolitionists have successfully seized upon the first of these in raising continuing doubts about the use of the death penalty. This article proposes a deeper exploration of the second, the availability of …

More Different Than Life, Less Different Than Death, William W. Berry Iii

William W Berry III

The Supreme Court has traditionally divided its application of the Eighth Amendment into two categories, capital and non-capital cases, based on the longstanding notion that “death- is-different.” In the recent case of Graham v. Florida, however, the Supreme Court applied its “evolving standards of decency” standard, heretofore reserved for capital cases, to a non-capital case in holding that the Eighth Amendment prohibited states from sentencing juvenile offenders to life without parole for non-homicide crimes. The dissenting justices argued that this decision marked the end of the Court’s “death-is-different” jurisprudence. This article argues, however, that the decision instead creates the opportunity …

Between Judicial Enabling And Adversarialism: The Role Of The Judicial Officer In Protecting The Unrepresented Accused In Botswana In A Comparative Perspective, Rowland Cole

rowland cole

The role of the judicial officer in Botswana’s adversarial system has evolved over the decades. Traditionally, the judicial officer in the adversarial system plays a neutral role while the parties present their cases. The semblance of neutrality compels the judicial officer to remain passive and refrain from interfering with the process. Over the years, the courts have recognised that the unrepresented accused cannot get a fair trial as she is unaware of the rules of procedure and evidence. This being the case, the unrepresented accused cannot effectively participate in the proceedings. Consequently, the courts have over the years stated that …

A Name Of One's Own: Gender And Symbolic Legal Personhood In The European Court Of Human Rights, Yofi Tirosh

Yofi Tirosh

Legal regulation of surnames provides a fascinating venue for examining how women negotiate their interests of autonomy and of stable personhood vis a vis a patriarchal naming structure. This is a study of 25 years of adjudication of surnames and personal status at the European Court of Human Rights. It explores the intricate ways in which legal norms governing surnames (and their judicial interpretation) sustain, shape, and reify social institutions such as gender, family, and citizenship.

As a pan European court, the adjudication of the ECHR operates within the framework of human rights. The universal characteristics of human rights principles …

Open Access För Humanister Och Rättsvetare. En Kartläggning Av Publicerinspolicy Och Praxis Inom Nordisk Utgivning. Slutrapport, Karolina Lindh, Gunilla Wiklund

Gunilla Wiklund

No abstract provided.

La Declaración De La Parte Como Medio De Prueba, Felipe Marín Verdugo

Felipe Marín Verdugo

Chilean Family and Labor procedures went from a written procedure to a hearing-based procedure, but judges are still "thinking" within the written procedure scope. This paper identifies one of the consequences of this approach: they are wrongly excluding parties as witnesses. The paper will argue againt this practice.

Tribal Land Laws In Andhra Pradesh, Hari Priya

Hari Priya

No abstract provided.

Section 4 Of The Hindu Succession Act Of 1956, Hari Priya

Hari Priya

A brief write up in the form of a comprehensive article aiming to critically evaluate the Section 4 of the Hindu Succession Act of 1956. The law, as it stands amended, has not only brought about changes in the succession laws of Hindus, but has also paved the way for some positive modifications in the law of partition, alienation of property, inheritance and adoption, and the paper is an effort to evaluate this provision of the law.

Shattering The Equal Pay Act's Glass Ceiling, Deborah Thompson Eisenberg

Faculty Scholarship

This Article provides the first empirical and rhetorical analysis of all reported Equal Pay Act (EPA) federal appellate cases since the Act’s passage. This analysis shows that as women climb the occupational ladder, the manner in which many federal courts interpret the EPA imposes a wage glass ceiling, shutting out women in non-standardized jobs from its protection. This barrier is particularly troubling in light of data that shows that the gender wage gap increases for women as they achieve higher levels of professional status. The Article begins by examining data regarding the greater pay gap for women in upper-level jobs. …