Labor and Employment Law Commons^™

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.

Vol. 37, No. 1, Stephanie Brinson

The Illinois Public Employee Relations Report

Conflict Resolution for Chicago Police and Community: Healing a Constitutional Crisis at the "Thirteenth Floor" through Native American Reparative Justice

By Stephanie Brinson

Recent Developments

The Paper Chase: Should The Principles Of Contract Law Govern Erisa Section 302?, Max Birmingham

Hofstra Labor & Employment Law Journal

No abstract provided.

The Goldilocks Approach: Finding The "Just Right" Legal Limit On Nondisclosure Agreements In Sexual Harassment Cases, Rachel S. Spooner

Hofstra Labor & Employment Law Journal

No abstract provided.

Investigative Reports: What Are They Worth Before A Labor Arbitrator?, Harvey M. Shrage, Curt L. Hamakawa

Hofstra Labor & Employment Law Journal

No abstract provided.

Abused In The Pursuit Of A Dream: How Usa Gymnastics Failed To Protect Its Gymnasts, Alexandra Raso

Hofstra Labor & Employment Law Journal

No abstract provided.

A Different Set Of Rules? Nlrb Proposed Rule Making And Student Worker Unionization Rights, William A. Herbert, Joseph Van Der Naald

Publications and Research

This article presents data, precedent, and empirical evidence relevant to the National Labor Relations Board (NLRB) proposal to issue a new rule to exclude graduate assistants and other student employees from coverage under the National Labor Relations Act (NLRA). The analysis in three parts. First, the authors show through an analysis of information from other federal agencies that the adoption of the proposed NLRB rule would exclude over 81,000 graduate assistants on private campuses from the right to unionize and engage in collective bargaining. Second, the article presents a legal history from the past half-century about unionization of student employees …

Elimination Of The Nba's "One And Done" Rule Will Open Doors For Potential Incoming Rookies, Armand Magardician

Hofstra Labor & Employment Law Journal

No abstract provided.

Dead Hand Vogue, Anthony Michael Kreis

University of Richmond Law Review

For decades, courts read employment antidiscrimination laws’ prohibition of sex discrimination to exclude gay, lesbian, bisexual, and transgender workers’ sexual orientation and gender identity discrimination claims—purportedly because the claims were not linked to employees’ status as a man or a woman. And while significant doctrinal developments have afforded some gender-nonconforming persons critical workplace safeguards under sex antidiscrimination laws, many older decisions that deemed sexual orientation and transgender discrimination claims to be outside the ambit of sex discrimination still control. These decades-old precedents all suffer from the same analytical error: a failure to adhere to the principle that antidiscrimination law does …

A Different Set Of Rules? Nlrb Proposed Rule Making And Student Worker Unionization Rights, William A. Herbert, Joseph Van Der Naald

Publications and Research

This article presents data, precedent, and empirical evidence relevant to the National Labor Relations Board (NLRB) proposal to issue a new rule to exclude graduate assistants and other student employees from coverage under the National Labor Relations Act (NLRA). The analysis in three parts. First, the authors show through an analysis of information from other federal agencies that the adoption of the proposed NLRB rule would exclude over 81,000 graduate assistants on private campuses from the right to unionize and engage in collective bargaining. Second, the article presents a legal history from the past half-century about unionization of student employees …

University Inventions Reconsidered: Debunking The Myth Of University Ownership, Patricia E. Campbell

William & Mary Business Law Review

Most universities today assert ownership rights over all patentable inventions (and many other types of intellectual property) created by members of the university community, including faculty, staff, students, visitors, and others. Universities then attempt to license that intellectual property (IP) to third parties, in order to generate revenue for the university and to give the public the benefit of innovations developed by the institution, often with the use of federal funds. This Article provides an evaluation of the technology transfer policies and practices of U.S. universities. Part I surveys the IP policies of a representative group of universities, showing that …

Osha, The Opportunism Police, Jason R. Bent

BYU Law Review

No abstract provided.

Supervisory Liability And Ashcroft V. Iqbal, Alexander A. Reinert

Cardozo Law Review

No abstract provided.

Who Tells Your Story: The Legality Of And Shift In Racial Preferences Within Casting Practices, Nicole Ligon

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Does The Adea's Federal-Sector Provision Require A Plaintiff To Prove That Age Was A But-For Cause Of The Challenged Personnel Action?, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

Eitc For All: A Universal Basic Income Compromise Proposal, Benjamin M. Leff

Washington and Lee Journal of Civil Rights and Social Justice

Much has been written about a concept called universal basic income (UBI). With a UBI, the government gives every person a certain amount of money each year, or even each month. The UBI has broad appeal with thinkers on both the right and the left, but the appeal is partially because different thinkers have different visions of what the current state of affairs is with respect to government welfare policies and different theories about why these existing policies are inadequate or damaging. Reforming existing programs, rather than making a radical break with the past, could satisfy at least some of …

“No More No-Poach”: An Antitrust Plaintiff’S Guide, Amanda Triplett

Washington and Lee Journal of Civil Rights and Social Justice

It may seem that agreements between employers not to hire or solicit employees from each other would be illegal under the Sherman Act’s prohibition of conspiracies to fix prices or allocate markets. However, the complexity of this issue pushes the boundaries of antitrust law. But the core principals of antitrust law are tailored to reject them. In a market of employers, where firms are competitors, no-poach restraints have horizontal elements subject to a harsher standard of antitrust review. Firms that enter into these arrangements bypass legal methods to protect against the harms of employee loss, such as a non-compete agreement. …

Something For Nothing: Universal Basic Income And The Value Of Work Beyond Incentives, Jonathan D. Grossberg

Washington and Lee Journal of Civil Rights and Social Justice

Proponents and opponents of a universal basic income all acknowledge that the most significant political challenge to its adoption in the United States is that a universal basic income would not have a work requirement attached. Often, this is characterized as a problem involving incentives—the availability of a universal basic income would cause many people to stop working (or significantly curtail the number of hours that they work) and simply live off the universal basic income. This Article makes three contributions to the literature related to a universal basic income: First, it provides a typology for understanding the many reasons …

Land Of The Free (Appropriate Public Education), Home Of The Deprived: How Vocational Services Can Remedy Education Deprivations For Former Students With Disabilities, Maria N. Liberopoulos

Washington and Lee Journal of Civil Rights and Social Justice

This Note explores the Individuals with Disabilities Education Act’s requirement that all children between the ages of three and twenty-one are provided a free and appropriate public education. This Note focuses on the relief available for students who are either older than twenty-one or who received a high school diploma, but who did not receive a free and appropriate public education. After delving into the remedy of compensatory education, this Note proposes the Office of Special Education and Rehabilitative Services of the Department of Education promulgate a new regulation that includes vocational training and services as a specific remedy under …

The Covid-19 Safety And Health Accreditation Program: How Food Safety Inspectors And Building Inspectors Can Incentivize Osha Compliance To Protect Workers During The Coronavirus Pandemic, Lindsey Tanita

Center for Health Law Policy and Bioethics

The coronavirus pandemic exposed the Occupational Safety and Health Administration’s (OSHA) severe lack of commitment and resources to enforce standards aimed at providing a safe and healthful workplace for millions of workers who are at an increased risk of exposure to COVID-19 every time they step foot into the workplace. We’ve seen nurses treating COVID-19 patients pleading for personal protective equipment all across the county,1 a bus driver in Detroit dying of COVID-19 after complaining about lack of protections from a coughing passenger,2 and more than three hundred workers testing positive for COVID-19 in one Los Angeles factory, even after …