Berkeley Journal of Employment and Labor Law |
Title | Subject | Authors |
Affirmative action: purveyor of preferential treatment or guarantor of equal opportunity? A call for a "revisioning" of affirmative action. | Law | Ballam, Deborah A. |
A tribute to the birth of the Journal.(Industrial Relations Law Journal, now Berkeley Journal of Employment and Labor Law) | Law | Simmons, Richard J. |
"By any means necessary" -- unprotected conduct and decisional discretion under the National Labor Relations Act. | Law | Sharpe, Calvin William |
Capturing volition itself: employee involvement and the TEAM Act. (Teamwork for Employees and Managers Act) | Law | Oreskovic, Johanna |
Disparate impact discrimination: American oddity or internationally accepted concept? | Law | Hunter, 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) | Law | Tindall, Steven M. |
Employers as vigilant chaperones armed with dating waivers: the interesection of unwelcomeness and employer liability in hostile work environment sexual harassment law. | Law | Nejat-Bina, Niloofar |
Employer speech, union representation elections, and the First Amendment. | Law | Story, Alan |
Employment law after Gilmer: compulsory arbitration of statutory antidiscrimination rights.(Case Note) | Law | Matthews, 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. | Law | Saxton, Bradley |
Equitable remedies for breach of fiduciary duty under ERISA after Varity Corp. v. Howe. | Law | Lopez, Eduard A. |
ETI, phone the Department of Labor: economically targeted investments, IB 94-1 and the reincarnation of industrial policy. (Interpretive Bulletin 94-1) | Law | Zelinsky, Edward A. |
Exploding the original myth regarding employment-at-will: the true origins of the doctrine. | Law | Ballam, Deborah A. |
Fair warning or foul? An analysis of the Worker Adjustment and Retraining Notification (WARN) Act in practice. | Law | McHugh, 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. | Law | LeRoy, Michael H. |
From group rights to individual liberties: post-war labor law, liberalism, and the waning of union strength. | Law | Schiller, Reuel E. |
He said, he said: same-sex sexual harassment under Title VII and the "reasonable heterosexist" standard. | Law | Spitko, E. Gary |
HIV disease and disparate impact under the Americans with Disabilities Act: a federal prohibition of discrimination on the basis of sexual orientation? | Law | Douglas, John |
Labor law access rules and stare decisis: developing a planned parenthood-based model of reform. | Law | Bierman, 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. | Law | Sackman, J. David |
Mandatory arbitration: alternative dispute resolution or coercive dispute suppression? | Law | Hoffmann, Sharona |
Memoir on the founding of the Journal.(Industrial Relations Law Journal, now Berkeley Journal of Employment and Labor Law) | Law | Feller, David E. |
"Nothing personal:" individual liability under 42 U.S.C. 1983 for sexual harassment as an equal protection claim. | Law | Anderson, Cheryl L. |
On the interface between labor and employment law.(Labor Arbitration: Past, Present, and Future.) | Law | Grodin, Joseph R. |
Preserving unionized employees' individual employment rights: an argument against section 301 preemption. (Labor Management Relations Act, section 301) | Law | Stein, 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) | Law | LeRoy, Michael H. |
Religious accommodation and the National Labor Relations Act. | Law | Corrada, Roberto L. |
Resurrecting the National Labor Relations Act - plant closings and runaway shops in a global economy. | Law | Collingsworth, Terry |
Rethinking the National Labor Relations Act and zero-sum labor law: an industrial relations view. | Law | Block, Richard N. |
Subsidizing contractors to gain employment: construction union "job targeting." | Law | Northrup, Herbert R., White, Augustus T. |
Taft and Hartley vindicated: the curious history of review of labor arbitration awards.(Labor Arbitration: Past, Present, and Future.) | Law | Feller, David E. |
The collision of rights and a search for limits: free speech in the academy and freedom from sexual harassment on campus. | Law | Cava, Anita, Earle, Beverly |
The constitutionalization of employment rights: a comparative view. | Law | Holloway, Ian |
The demise of circumstantial proof in employment discrimination litigation: St. Mary's Honor Center v. Hicks, pretext, and the "personality" excuse. | Law | Brodin, Mark S. |
The FLSA comp time controversy: fostering flexibility or diminishing worker rights?(Fair Labor Standards Act, compensatory time off) | Law | Walsh, 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. | Law | Williams, Kevin W. |
The screening of America: the social and legal framework of employers' use of genetic information. | Law | Draper, Elaine |
Thinking ahead about freedom of speech and hostile work environment harassment.(response to article by David Benjamin Oppenheimer in this issue, p. 321) | Law | Volokh, Eugene |
Title VII arbitration. (employment discrimination and arbitration clauses) | Law | Gudridge, Patrick O. |
Title VII's tangled tale: the erosion and confusion of disparate impact and the business necessity defense. | Law | Lye, Linda Cheng Yee |
Voices from the cubicle: protecting and encouraging private employee speech in the post-industrial workplace. | Law | Yamada, David C. |
We can't overcome? A case study of freedom of contract and labor law reform. | Law | Dannin, Ellen J. |
We participate, they decide: the real stakes in revising section 8(a)(2) of the National Labor Relations Act. | Law | Cochran, A.B., III |
"Workers' contracts" under the United States Arbitration Act: an essay in historical clarification. | Law | Finkin, Matthew W. |
Workplace harassment and the First Amendment: a reply to Professor Volokh.(response to article by Eugene Volokh in this issue, p. 304) | Law | Oppenheimer, David Benjamin |
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