Berkeley Journal of Employment and Labor Law - Abstracts

Berkeley Journal of Employment and Labor Law
Affirmative action: purveyor of preferential treatment or guarantor of equal opportunity? A call for a "revisioning" of affirmative action.LawBallam, Deborah A.
A tribute to the birth of the Journal.(Industrial Relations Law Journal, now Berkeley Journal of Employment and Labor Law)LawSimmons, Richard J.
"By any means necessary" -- unprotected conduct and decisional discretion under the National Labor Relations Act.LawSharpe, Calvin William
Capturing volition itself: employee involvement and the TEAM Act. (Teamwork for Employees and Managers Act)LawOreskovic, Johanna
Disparate impact discrimination: American oddity or internationally accepted concept?LawHunter, Rosemary C., Shoben, Elaine W.
Do as she does, not as she says: the shortcomings of Justice O'Connor's direct evidence requirement.(Case Note)LawTindall, Steven M.
Employers as vigilant chaperones armed with dating waivers: the interesection of unwelcomeness and employer liability in hostile work environment sexual harassment law.LawNejat-Bina, Niloofar
Employer speech, union representation elections, and the First Amendment.LawStory, Alan
Employment law after Gilmer: compulsory arbitration of statutory antidiscrimination rights.(Case Note)LawMatthews, Donna Meredith
Employment references in California after Randi W. v. Muroc Joint Unified School District: a proposal for legislation to promote responsible employment reference practices.LawSaxton, Bradley
Equitable remedies for breach of fiduciary duty under ERISA after Varity Corp. v. Howe.LawLopez, Eduard A.
ETI, phone the Department of Labor: economically targeted investments, IB 94-1 and the reincarnation of industrial policy. (Interpretive Bulletin 94-1)LawZelinsky, Edward A.
Exploding the original myth regarding employment-at-will: the true origins of the doctrine.LawBallam, Deborah A.
Fair warning or foul? An analysis of the Worker Adjustment and Retraining Notification (WARN) Act in practice.LawMcHugh, Richard W.
Farm labor contractors and agricultural producers as joint employers under the Migrant and Seasonal Agricultural Worker Protection Act: an empirical public policy analysis.LawLeRoy, Michael H.
From group rights to individual liberties: post-war labor law, liberalism, and the waning of union strength.LawSchiller, Reuel E.
He said, he said: same-sex sexual harassment under Title VII and the "reasonable heterosexist" standard.LawSpitko, E. Gary
HIV disease and disparate impact under the Americans with Disabilities Act: a federal prohibition of discrimination on the basis of sexual orientation?LawDouglas, John
Labor law access rules and stare decisis: developing a planned parenthood-based model of reform.LawBierman, Leonard, Gely, Rafael
Lien on: the story of the elimination and return of mechanic lien, stop notice and bond remedies for collection of contributions to employee benefit funds.LawSackman, J. David
Mandatory arbitration: alternative dispute resolution or coercive dispute suppression?LawHoffmann, Sharona
Memoir on the founding of the Journal.(Industrial Relations Law Journal, now Berkeley Journal of Employment and Labor Law)LawFeller, David E.
"Nothing personal:" individual liability under 42 U.S.C. 1983 for sexual harassment as an equal protection claim.LawAnderson, Cheryl L.
On the interface between labor and employment law.(Labor Arbitration: Past, Present, and Future.)LawGrodin, Joseph R.
Preserving unionized employees' individual employment rights: an argument against section 301 preemption. (Labor Management Relations Act, section 301)LawStein, Laura W.
Regulating employer use of permanent striker replacements: empirical analysis of NLRA and RLA strikes 1935-1991. (National Labor Relations Act, Railway Labor Act)LawLeRoy, Michael H.
Religious accommodation and the National Labor Relations Act.LawCorrada, Roberto L.
Resurrecting the National Labor Relations Act - plant closings and runaway shops in a global economy.LawCollingsworth, Terry
Rethinking the National Labor Relations Act and zero-sum labor law: an industrial relations view.LawBlock, Richard N.
Subsidizing contractors to gain employment: construction union "job targeting."LawNorthrup, Herbert R., White, Augustus T.
Taft and Hartley vindicated: the curious history of review of labor arbitration awards.(Labor Arbitration: Past, Present, and Future.)LawFeller, David E.
The collision of rights and a search for limits: free speech in the academy and freedom from sexual harassment on campus.LawCava, Anita, Earle, Beverly
The constitutionalization of employment rights: a comparative view.LawHolloway, Ian
The demise of circumstantial proof in employment discrimination litigation: St. Mary's Honor Center v. Hicks, pretext, and the "personality" excuse.LawBrodin, Mark S.
The FLSA comp time controversy: fostering flexibility or diminishing worker rights?(Fair Labor Standards Act, compensatory time off)LawWalsh, David J.
The reasonable accommodation difference: the effect of applying the burden shifting frameworks developed under Title VII in disparate treatment cases to claims brought under Title I of the Americans with Disabilities Act.LawWilliams, Kevin W.
The screening of America: the social and legal framework of employers' use of genetic information.LawDraper, Elaine
Thinking ahead about freedom of speech and hostile work environment harassment.(response to article by David Benjamin Oppenheimer in this issue, p. 321)LawVolokh, Eugene
Title VII arbitration. (employment discrimination and arbitration clauses)LawGudridge, Patrick O.
Title VII's tangled tale: the erosion and confusion of disparate impact and the business necessity defense.LawLye, Linda Cheng Yee
Voices from the cubicle: protecting and encouraging private employee speech in the post-industrial workplace.LawYamada, David C.
We can't overcome? A case study of freedom of contract and labor law reform.LawDannin, Ellen J.
We participate, they decide: the real stakes in revising section 8(a)(2) of the National Labor Relations Act.LawCochran, A.B., III
"Workers' contracts" under the United States Arbitration Act: an essay in historical clarification.LawFinkin, Matthew W.
Workplace harassment and the First Amendment: a reply to Professor Volokh.(response to article by Eugene Volokh in this issue, p. 304)LawOppenheimer, David Benjamin
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