Labor and Employment Law Commons^™

On A Scale From 1 To 1557, How Much Justice Is Too Much Justice For Healthcare Entities Evading Disparate Impact Accountability?, Vanessa Giunta

Hofstra Labor & Employment Law Journal

No abstract provided.

The Remainder Effect: How Automation Complements Labor Quality, James Bessen, Erich Denk, Chen Meng

Faculty Scholarship

This paper argues that automation both complements and replaces workers. Extending the Acemoglu-Restrepo model of automation to consider labor quality, we obtain a Remainder Effect: while automation displaces labor on some tasks, it raises the returns to skill on remaining tasks across skill groups. This effect increases between-firm pay inequality while labor displacement affects within-firm inequality. Using job ad data, we find firm adoption of information technologies leads to both greater demand for diverse skills and higher pay across skill groups. This accounts for most of the sorting of skills to high paying firms that is central to rising inequality.

Third Time’S The Charm: Remedying The Lack Of Uniformity And Predictability In Trade Secret Law, Matthew D. Kasner

Brooklyn Law Review

The current legal framework governing trade secrets in the United States lacks the uniformity and predictability necessary to protect businesses. As a result, trade secret litigation has been on the rise over the course of the last decade. Whilst remote work becomes more ubiquitous, even beyond the COVID-19 pandemic, litigation will continue to increase as businesses are forced to entrust confidential information with remote workers. This note examines the current US trade secret scheme, exposes the current framework’s deficiencies, and suggests a “trade secret formalities model” to make for a more organized and efficient doctrine of law. More specifically, this …

Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor

DePaul Business & Commercial Law Journal

No abstract provided.

Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit

DePaul Business & Commercial Law Journal

No abstract provided.

The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor

DePaul Business & Commercial Law Journal

No abstract provided.

Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements

DePaul Business & Commercial Law Journal

No abstract provided.

Refusing Work To Avoid Serious Injury Or Death: An Empirical Study Of Legal Protections Before And During Covid-19, Michael H. Leroy

Pepperdine Law Review

I present data on court and administrative rulings involving employees who were disciplined or quit after refusing to work due to concerns about death or injury. My sample of 109 pre-pandemic cases from 1944–2020, and its comparison to twelve COVID-19 cases in 2020 and 2021, shows an emerging picture of new forms of work refusal. The cases before COVID-19 were concentrated in mining, construction, and transportation. In contrast, the COVID-19 cases span new occupations in social services, education, law, healthcare, protective services, food preparation, and building cleaning. Before COVID-19, employees lost most work refusal cases because laws such as the …

Franchisees, Consumers, And Employees: Choice And Arbitration, Robert W. Emerson, Zachary R. Hunt

William & Mary Business Law Review

Commentators and lawmakers have called attention to the rising frequency of contractual arbitration as a non-negotiable condition of many relationships. Indeed, it is a rare individual who is not subject to at least one pre-dispute, binding arbitration agreement.

This Article studies common concerns associated with binding, pre-dispute arbitration agreements and evaluates their use in consumer-vendor, employee-employer, and franchisee-franchisor relationships. Having introduced concepts relevant throughout the Article, the Article in Part I studies contractual arbitration as a form of alternative dispute resolution for transactional disputes between consumers and vendors. It examines industry self-regulation, due process, consumer salience, and forum accessibility including …

The Fashion Industry's Inner Beauty: Does The Uk's Fight Against Modern Slavery Measure Up To Its Ilo Obligations?, Olivia Landrum

Georgia Journal of International & Comparative Law

No abstract provided.

Data As Labor: Retrofitting Labor Law For The Platform Economy, Eugene K. Kim

Minnesota Journal of Law, Science & Technology

No abstract provided.

Monsanto: Creator Of Cancer Liability

DePaul Business & Commercial Law Journal

No abstract provided.

Impact Of Corporate Response To Controversial Presidential Statements Or Policies

DePaul Business & Commercial Law Journal

No abstract provided.

Labor’S Obstacles And Democracy’S Demise, Angela B. Cornell

Cornell Law Faculty Publications

At a time when democratic institutions have been weakened by populist and authoritarian-leaning regimes around the globe, it is imperative that we revisit the fundamentals of democracy-building institutions, including the importance of strong, independent trade unions. Social science research has confirmed the critical role trade unions have played forging and sustaining democracies. The international human rights framework has long considered labor rights and labor unions as fundamental for social justice, securing peace, and bolstering democracy. Strengthening the meaningful exercise of labor rights is one important way to bolster democratic institutions. Union density in the USA reached its lowest point in …

Can I Touch Your Hair?: Business Diversity, Slavery, Disparate Outcomes, And The Crown Act, Ashley Jones

The Journal of Business, Entrepreneurship & the Law

This comment will begin by looking at why hair in the United States is related to issues of race. This comment will then look at how businesses’ rules for appearance and hair disproportionately affect Black employees. Next, this paper will look at Title VII of the Civil Rights Act of 1964 to point out how the vague language has created loopholes, which allow businesses to lawfully discriminate against people with natural hair. We will then move to explore what role some city and state governments have had in creating natural hair-safe workspaces for employees in their respective boundaries. Lastly, we …

P*Law 2022, Center For Public Service Law

2021–2022 Flyers

This document outlines the full schedule for P*LAW Week 2022 at Cardozo School of Law, presented by the Center for Public Service Law. Held virtually from January 24 to January 27, the week featured panels, workshops, and discussions on key issues in public interest law, including immigration policy, educational equity, criminal justice reform, reproductive rights, data privacy, military law, labor rights, and overdose prevention. Events brought together legal professionals, advocates, scholars, and Cardozo students to explore law’s role in advancing social justice and supporting vulnerable communities.

2022'S States With The Highest Job Resignation Rates: Ask The Experts, Adam Mccann, Erin J. Hendrickson

Popular Media

No abstract provided.

Dau-Schmidt: Scotus Vaccine Ruling Raises As Many Questions As It Resolves, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

No abstract provided.

The Ruling To Return The Indiscriminately Terminated Worker To His Work In Light Of The Moroccan Social Legislation, Nidal Mustafa Ghaith

UAEU Law Journal

This study examines the settlement of individual labour disputes arising between the employer and the employee through the ruling to return the arbitrarily dismissed employee to his work, as one of the judicial means that enables the two parties to resolve their dispute in a way that allows the stability of the work relationship between them. this is through talking about the jurisprudential position as well as the judicial approach towards the option of returning the dismissed employee to his work, and also addressing the various problems resulting from the application of this mechanism. Perhaps one of the most prominent …

Social Truths In The Workplace: How Adversarialism Undermines Discrimination Litigation, Catherine Ross Dunham

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.