Mandatory Employment Arbitration: Keeping It Fair, Keeping It Lawful, 2010 University of Michigan Law School
Mandatory Employment Arbitration: Keeping It Fair, Keeping It Lawful, Theodore J. St. Antoine
President Obama's election and the Democrats' takeover of Congress, including what was their theoretically filibuster-proof majority in the Senate, have encouraged organized labor and other traditional Democratic supporters to make a vigorous move for some long-desired legislation. Most attention has focused on the Employee Free Choice Act (EFCA). As initially proposed, the EFCA would enable unions to get bargaining rights through signed authorization cards rather than a secret-ballot election, and would provide for the arbitration of first-contract terms if negotiations fail to produce an agreement after four months. The EFCA would apply to the potentially organizable private-sector working population ...
Labor And The Bank: Investigating The Politics Of The World Bank's Employing Workers' Index, 2010 CUNY John Jay College
Labor And The Bank: Investigating The Politics Of The World Bank's Employing Workers' Index, Suzan Kang
Publications and Research
For many years, trade unions have pressured international financial organizations such as the World Bank to better incorporate protections for workers. A recent development in this contestation was the World Bank’s 2009 announcement regarding its controversial “Employing Workers Index” in its widely circulated Doing Business report. Trade unions had argued that the index, which promoted flexible labor market policies, did not respect the international norm of worker protections, and urged the World Bank to change the index. As a result, the Doing Business Group pledged to reform the Employing Workers Index and to create a new index on protecting ...
Transnational Regulation Of Migration, 2010 Yale Law School
Transnational Regulation Of Migration, Cristina M. Rodríguez
Faculty Scholarship Series
Two significant conceptual errors frame the public debate
concerning labor migration and the related phenomenon of illegal
immigration. Each error stems from lawmakers’ failure or refusal to
recognize the ongoing and transnational nature of migration. First, the
immigration debate occurs largely within a domestic political framework,
and the assumption that the United States can address immigration
issues, particularly illegal immigration, through the perfection of
domestic enforcement mechanisms pervades the discourse. But
migration is inherently international, and its management requires
engagement with other governments and with social facts beyond U.S.
control. Second, the rhetorical emphasis placed on “fixing” our broken ...
A Crumbling Pyramid: How The Evolving Jurisprudence Defining “Employee” Under The Adea Threatens The Basic Structure Of The Modern Large Law Firm, 2010 California Western School of Law
A Crumbling Pyramid: How The Evolving Jurisprudence Defining “Employee” Under The Adea Threatens The Basic Structure Of The Modern Large Law Firm, Jessica Fink
Part I of this article describes the legal framework for analyzing whether a partner can sue under the Age Discrimination in Employment Act ("ADEA"), focusing on two fairly recent decisions in this area: (i) The U.S. Supreme Court's 2003 decision in Clackamas Gastroenterology Assoc., P.C. v. Wells, a case in which the Court had to determine whether director-shareholder physicians in a medical clinic should be deemed employees for purposes of the Americans with Disabilities Act ("ADA"); and (ii) the Seventh Circuit's 2002 decision in a lawsuit brought by the Equal Employment Opportunity Commission ("EEOC") against the ...
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 ...
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 ...
Ricci V. Destefano: A Masculinities Theory Analysis, 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law
Ricci V. Destefano: A Masculinities Theory Analysis, Ann C. Mcginley
This Article applies masculinity theory to explore the aspects Ricci v. Destefano and its political reverberations. Empirical evidence showed that virtually all written tests have a disparate impact on minorities, that a neighboring city had reached less discriminatory results using a different weighting system, and that other fire departments used assessment centers to judge firefighters' qualifications for promotions. While the black male and all female firefighters were made invisible by the case and the testimony, the fact that Ricci's and Vargas' testimony lionized a particularly traditional form of heterosexual masculinity was also invisible. While the command presence required of ...
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
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 ...
Freedom Not To Listen: A Constitutional Analysis Of Compulsory Indoctrination Through Workplace Captive Audience Meetings, 2010 The Catholic University of America, Columbus School of Law
Freedom Not To Listen: A Constitutional Analysis Of Compulsory Indoctrination Through Workplace Captive Audience Meetings, Roger C. Hartley
Scholarly Articles and Other Contributions
Workplace captive audience meetings are assemblies of employees during paid work time in which employers compel employees to listen to antiunion and other types of proselytizing. Employers enforce attendance at workplace captive audience meetings by threats of discharge. Typically, employers deny employees the right to ask questions or express disagreement with the anti-union views presented during these mandatory meetings. Soon after the enactment of the National Labor Relations Act (NLRA), the National Labor Relations Board (NLRB) concluded that workplace captive audience meetings discussing unionization are per se unlawful. However, the NLRB reversed course following the enactment of the 1947 Taft-Hartley ...
Discrimination Redefined, 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law
Discrimination Redefined, Ann C. Mcginley
In this Response to Professor Natasha Martin's article Pretext in Peril, Professor Ann McGinley argues that courts' retrenchment in cases interpreting Title VII of the 1964 Civil Rights Act results from a narrow definition of discrimination that focuses on conscious, intentional discrimination. Increasingly social science research demonstrates that much disparate treatment occurs as a result of unconscious biases, but the courts' reluctance to consider this social science has led, in many cases, to a literal, narrow definition of “pretext." Moreover, she posits that the recent Supreme Court case of Ricci v. DeStefano redefines discrimination in an ahistorical and acontextual ...
Reply: Good Intentions Matter, 2010 Duke Law School
Reply: Good Intentions Matter, Katharine T. Bartlett
While writing the article to which Professors Mitchell and Bielby have published responses, I was mindful of the many ways in which the article could be misinterpreted. In taking issue with the assumption that legal controls work in a direct, linear manner to deter crimination, I thought I might be misunderstood to say that people are not responsive to incentives. In worrying about how legal sanctions exert external pressure that may crowd out the inclination of well-intentioned people to self-monitor for bias, I feared that the article would be read mistakenly to oppose strong and appropriate legal rules against discrimination ...
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
No abstract provided.
Fifteen Years With The Norma Research Programme, 2009 Lund University
Fifteen Years With The Norma Research Programme, 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 development and ...
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.
Exploring The Ethicality Of Firing Employees Who Blog, 2009 University of Wyoming
Exploring The Ethicality Of Firing Employees Who Blog, Sean Valentine, Gary Fleischman, Robert Sprague, Lynn Godkin
This exploratory study evaluates the ethical considerations related to employees fired for their blogging activities. Specifically, subject evaluations of two employee-related blogging scenarios were investigated with established ethical reasoning and moral intensity scales, and a measure of corporate ethical values was included to assess perceptions of organizational ethics. The first scenario involved an employee who was fired because of innocuous blogging, while the second vignette involved an employee who was fired because of work-related blogging. Survey data were collected from employed college students and working practitioners. The findings indicated that the subjects’ ethical judgments that firing an employee for blogging ...
Acing Contracts, 2009 Touro Law Center
Acing Contracts, Suzanne Darrow-Kleinhaus
Suzanne Darrow Kleinhaus
This study aid features an innovative method of content organization. It uses a checklist format to lead students through questions they need to ask to fully evaluate the legal problem they are trying to solve. It also synthesizes the material in a way that most students are unable to do on their own, and assembles the different issues, presenting a clear guide to procedural analysis that students can draw upon when writing their exams. Other study aids provide sample problems, but none offer the systematic approach to problem solving found in this book.
The Unsigned United Nations Migrant Worker Rights Convention: An Overlooked Opportunity To Change The “Brown Collar” Migration Paradigm, Beth Lyon
No abstract provided.
The Gender Pay Gap In Europe From A Legal Perspective, 2009 Lund University
The Gender Pay Gap In Europe From A Legal Perspective, Ann Numhauser-Henning
No abstract provided.