Express Yourself: Striking A Balance Between Silence And Active, Purposive Opposition Under Title Vii's Anti-Retaliation Provision,
2010
Cleveland State University
Express Yourself: Striking A Balance Between Silence And Active, Purposive Opposition Under Title Vii's Anti-Retaliation Provision, Matthew W. Green Jr.
Law Faculty Articles and Essays
In short, although the article determines that while Crawford should not open the door to silent opposition, the active, purposive requirement that Justice Alito championed and that some courts pre- and post-Crawford have adopted goes too far the other way. There is a swath of opposition conduct that stands between silence and the standard that Justice Alito and some courts advocate. This article explores where that line should be drawn.
Missouri's Public Defender Crisis: Shouldering The Burden Alone,
2010
University of Missouri - Kansas City, School of Law
Missouri's Public Defender Crisis: Shouldering The Burden Alone, Sean O'Brien
Faculty Works
No abstract provided.
Incenting Flexibility: The Relationship Between Public Law And Voluntary Action In Enhancing Work/Life Balance,
2010
University of Florida Levin College of Law
Incenting Flexibility: The Relationship Between Public Law And Voluntary Action In Enhancing Work/Life Balance, Rachel Arnow-Richman
UF Law Faculty Publications
Prepared for the University of Connecticut Law Review's Conference, “Implications of the Four-Day Workweek,” this Paper examines the significance of a four-day, forty-forty work week to caregivers in need of individualized workplace accommodation. Employer interest in “four/forty” and other alternative work structures demonstrates that the current organization of market work is not inevitable and that its re-organization in ways that facilitate full participation by caregivers can sometimes be mutually beneficial. Yet it is unlikely that employers act optimally in responding to individual accommodation requests. Well-known limits on rational choice theory can impede supervisors’ ability to determine whether a particular accommodation …
From Corporate Express To Fedex Home Delivery: A New Hurdle For Employees Seeking The Protections Of The National Labor Relations Act In The D.C. Circuit,
2010
American University Washington College of Law
From Corporate Express To Fedex Home Delivery: A New Hurdle For Employees Seeking The Protections Of The National Labor Relations Act In The D.C. Circuit, Jamison F. Grella
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Shifting Burdens: Discrimination Law Through The Lens Of Jury Instructions,
2010
University of Pennsylvania Carey Law School
Shifting Burdens: Discrimination Law Through The Lens Of Jury Instructions, Catherine T. Struve
All Faculty Scholarship
This Term, in Gross v. FBL Financial Services, Inc., the U.S. Supreme Court held the Price Waterhouse burden-shifting framework inapplicable to Age Discrimination in Employment Act (“ADEA”) claims. This Article finds the Gross Court’s rationales for repudiating Price Waterhouse v. Hopkins unpersuasive. Although the crux of the Court’s argument is that it is too confusing to instruct a jury on the burden-shifting framework, in actuality, there is no evidence that burden-shifting instructions are unduly confusing. In fact, Gross will exacerbate a different sort of confusion: that which arises when a jury must resolve two claims under different burden frameworks. At …
The Relative Bargaining Power Of Employers And Unions In The Global Information Age: A Comparative Analysis Of The United States And Japan,
2010
Indiana University Maurer School of Law
The Relative Bargaining Power Of Employers And Unions In The Global Information Age: A Comparative Analysis Of The United States And Japan, Kenneth G. Dau-Schmidt, Benjamin C. Ellis
Articles by Maurer Faculty
In this paper, we examine and compare the impact of American and Japanese labor law on the relative bargaining power of the labor and management within the context of the new global economy based on information technology. We begin by providing a simple economic definition of bargaining power and examining how it can be influenced by economic and legal factors. Next, we discuss the impact of new information technology and the global economy on the employment relationship and how this has decreased union bargaining power relative to management bargaining power. Finally, we compare various facets of American and Japanese labor …
Educating The United States Supreme Court At Summers' School: A Lesson On The "Special Character Of The Animal",
2010
University of Missouri School of Law
Educating The United States Supreme Court At Summers' School: A Lesson On The "Special Character Of The Animal", Rafael Gely, Ramona L. Paetzold, Leonard Bierman
Faculty Publications
In this article, we explore the implications that Professor Summers' insights regarding public employment have for the Garcetti and Davenport decisions. In particular, we focus on the extent to which the political nature of public employment affects public employees' rights to freedom of speech as well as matters regarding the representational functions of public employee unions.
Three Transnational Discourses Of Labor Law In Domestic Reforms,
2010
Georgetown University Law Center
Three Transnational Discourses Of Labor Law In Domestic Reforms, Alvaro Santos
Georgetown Law Faculty Publications and Other Works
Current labor law debates, in the United States and elsewhere, reflect entrenched discursive positions that make potential reform seem impossible. This Article identifies and examines the three most influential positions, which it names the “social,” “the neoliberal,” and the “rights-based” approach. It shows that these discursive positions are truly transnational in character. In contrast with conventional wisdom, which accepts the incompatibility of these positions, this Article creates a conceptual framework that productively combines elements from each to enrich the debates over labor law reform and to foster institutional imagination. Applying this framework, the Article examines the collective bargaining systems of …
Complimentary And Complementary Discrimination In Faculty Hiring,
2010
Boston University School of Law
Complimentary And Complementary Discrimination In Faculty Hiring, Angela Onwuachi-Willig
Faculty Scholarship
This Article focuses on one form of discrimination in faculty hiring. Specifically, this Article concentrates on discrimination against the "overqualified" minority faculty candidate, the candidate who is presumed to have too many opportunities and thus gets excluded from faculty interview lists and consideration. In so doing, this Article poses and answers the question: "Can exclusion from interviewing pools and selection based upon the notion that one is just 'too good' to recruit to a particular department constitute an actionable form of discrimination?" Part I of this Article begins by briefly reviewing the changes in faculty diversity and inclusion at colleges …
Choice Of Law And Employee Restrictive Covenants: An American Perspective,
2010
Columbia Law School
Choice Of Law And Employee Restrictive Covenants: An American Perspective, Gillian Lester, Elizabeth Ryan
Faculty Scholarship
Employees are increasingly mobile across state lines. This is partly the result of technological change facilitating individual movement and communication, but also a result of corresponding changes in corporate organization to establish offices and interests in multiple jurisdictions. With these developments, there has been a rise in litigation surrounding the enforcement of employee covenants not to compete when the parties or issues involved have connections to multiple jurisdictions. The emerging body of law intrigues and confounds lawyers and commentators because of its complexity and unpredictability. This essay is an effort to describe recent legal developments in the United States, situating …
Honest-Services Fraud: A (Vague) Threat To Millions Of Blissfully Unaware (And Non-Culpable) American Workers,
2010
Georgetown University Law Center
Honest-Services Fraud: A (Vague) Threat To Millions Of Blissfully Unaware (And Non-Culpable) American Workers, Julie R. O'Sullivan
Georgetown Law Faculty Publications and Other Works
The author believes that statute 18 U.S.C. § 1346 is unconstitutionally vague, at least as applied to cases in which employees of private entities are prosecuted for depriving their employers of a right to their honest services (so-called “private cases”). Objections to vagueness rest on due process. “Vagueness may invalidate a criminal law for either of two independent reasons. First, it may fail to provide the kind of notice that will enable ordinary people to understand what conduct it prohibits; second, it may authorize and even encourage arbitrary and discriminatory enforcement.” The Supreme Court’s vagueness precedents do not provide much …
Who’S Running The Road?: Street Railway Strikes And The Problem Of Constructing A Liberal Capitalist Order In Canada, 1886-1914,
2010
Osgoode Hall Law School of York University
Who’S Running The Road?: Street Railway Strikes And The Problem Of Constructing A Liberal Capitalist Order In Canada, 1886-1914, Eric Tucker
Articles & Book Chapters
Street railway strikes in the late nineteenth and early twentieth centuries were frequently the occasion for large-scale collective violence in North American cities and challenged the capacity of local authorities to maintain civic order. However, this was only the most visible manifestation of the challenge that street railway workers’ collective action posed to the order of liberal capitalism, an order constructed on several intersecting dimensions. Using the example of Canadian street railway workers from 1886 to 1914, a period of rapid urbanization and industrialization, this article explores the ways the collective action by workers and their community sympathizers challenged the …
A Misguided Reversal: Why The Oklahoma Supreme Court Should Not Have Interpreted Saint V. Data Exchange, Inc. To Provide A Burk Tort Cause Of Action To Plaintiffs Alleging Age Discrimination In Employment,
2010
University of Oklahoma College of Law
A Misguided Reversal: Why The Oklahoma Supreme Court Should Not Have Interpreted Saint V. Data Exchange, Inc. To Provide A Burk Tort Cause Of Action To Plaintiffs Alleging Age Discrimination In Employment, Katherine R. Morelli
Oklahoma Law Review
No abstract provided.
Just Notice: Re-Reforming Employment At-Will,
2010
University of Florida Levin College of Law
Just Notice: Re-Reforming Employment At-Will, Rachel Arnow-Richman
UF Law Faculty Publications
This Article proposes a fundamental shift in the movement to reform employment termination law. For forty years, there has been a near consensus among employee advocates and worklaw scholars that the current doctrine of employment at will should be abandoned in favor of a rule requiring just cause for termination. This Article contends that such calls are misguided, not (as defenders of the current regime have argued) because it grants workers too much protection vis-à-vis management, but because it grants them too little. A just cause rule provides only a weak cause of action to a narrow subset of workers …
Fractured Membership: Deconstructing Territoriality To Secure Rights And Remedies For The Undocumented Worker,
2010
BYU Law
Fractured Membership: Deconstructing Territoriality To Secure Rights And Remedies For The Undocumented Worker, D. Carolina Nuñez
Faculty Scholarship
Relied upon but unwelcome, among us but uninvited, undocumented workers in the United States – now numbering over 8 million – labor on the border of inclusion and exclusion, between a status-based conception of membership and a territorial approach to membership. Although mere presence in the U.S. secures undocumented workers many of the same labor protections afforded to authorized workers, undocumented status often forecloses certain remedies otherwise available for employer breaches of those protections. Many commentators have criticized this effective status-based denial of rights to undocumented workers as inimical to the goals underlying labor and immigration law. While this Article …
The Duty Of Fair Representation: History And Scope,
2009
Boston College Law School
The Duty Of Fair Representation: History And Scope, Thomas Kohler
Thomas C. Kohler
No abstract provided.
Immigrant Workers And The Thirteenth Amendment,
2009
University of San Francisco School of Law
Immigrant Workers And The Thirteenth Amendment, Maria Ontiveros
Maria L. Ontiveros
This chapter examines the treatment of immigrant workers through the lens of the Thirteenth Amendment. It examines how the intersection of labor and immigration laws impact immigrant workers in general, "guest workers" and undocumented immigrants. It argues that immigrant workers can be seen as a caste of nonwhite workers laboring beneath the floor for free labor in ways which violate the Thirteenth Amendment. Further, it suggests ways in which immigrant workers can use the Thirteenth Amendment to improve their situation and offers an analysis of how the Thirteenth Amendment can form a bridge for organizing between labor, civil rights, immigration …
Riley J., Le Risposte Del Diritto Del Lavoro Australiano Alla Crisi Finanziaria Globale, In Lavoro E Diritto, No. 1/2010,
2009
Lund University - Faculty of Law
Riley J., Le Risposte Del Diritto Del Lavoro Australiano Alla Crisi Finanziaria Globale, In Lavoro E Diritto, No. 1/2010, Andrea Iossa
Andrea Iossa
No abstract provided.
Fifteen Years With The Norma Research Programme,
2009
Lund University
Fifteen Years With The Norma Research Programme, Ann Numhauser-Henning
Ann Numhauser-Henning
The Norma Research Programme started out fifteen years ago – in 1996 – at the Law Faculty of Lund University with funding from the Bank of Sweden Tercentenary Foundation. The programme was initiated by me and my former colleague Professor Anna Christensen, who sadly passed away in March 2001. Norma is short for ‘Normative Development within the Social Dimension, Studies on the Normative Patterns and Their Development in the Legal Regulation of Employment, Housing, Family and Social Security from a European Integration Perspective’. The purpose of the programme was to create a research environment where basic normative patterns and their …
A Study In Ideal Anti-Types: Executive Status And Labor Market Regulation In Comparative Perspective,
2009
Boston College Law School
A Study In Ideal Anti-Types: Executive Status And Labor Market Regulation In Comparative Perspective, Thomas Kohler
Thomas C. Kohler
Comparative study and assessment of legal protections afforded leading management personnel in several leading European nations, Japan and the United States, including historical background of regulatory schemes and their impact.
