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Employment Law
The seventh edition of Employment Law focuses on the general structure of employment law in the United States, while recognizing variation in the states on many issues. It uses important unifying themes to tie the materials together, such as the relationship between employment law and labor markets and the strategies of employers and employees in reacting to employment laws. The seventh edition carries forward most of the cases and materials that have proven to be good teaching tools to permit a smooth transition for current users. But it highlights emerging new or expanded areas of interest including: Developments in distinguishing between employees and independent contractors, including the growing influence of ABC rules; The many changes made in response to Covid-19, including changes in unemployment insurance, workers' compensation, and leave time; Important recent cases, such as Bostock, Dynamex, and National Federation of Independent Business; State legislative initiatives in areas such as covenants not to compete and minimum wages; and Issues relating to remedies in employment cases, such as attempts to limit or avoid arbitration clauses and how to measure damages.
Law and the Contradictions of the Disability Rights Movement
The passage of the Americans with Disabilities Act in 1990 was hailed as revolutionary legislation, but in the ensuing years restrictive Supreme Court decisions have prompted accusations that the Court has betrayed the disability rights movement. The ADA can lay claim to notable successes, yet people with disabilities continue to be unemployed at extremely high rates. In this timely book, Samuel R. Bagenstos examines the history of the movement and discusses the various, often-conflicting projects of diverse participants. He argues that while the courts deserve some criticism, some may also be fairly aimed at the choices made by prominent disability rights activists as they crafted and argued for the ADA. The author concludes with an assessment of the limits of antidiscrimination law in integrating and empowering people with disabilities, and he suggests new policy directions to make these goals a reality.
Exploring Tort Law
This is a collection of scholarship from the most influential contributors regarding Torts law.
Just Sentencing
This title presents a fully developed punishment theory which incorporates both utilitarian and retributive sentencing purposes. The author describes and defends a hybrid sentencing model that integrates theory and practice - blending and balancing both the competing principles of retribution and rehabilitation and the procedural concern of weighing rules against discretion.
Employment Class and Collective Actions
Long regarded as a powerful means to seek individual damages against a corporate defendant, class actions have become a staple of the U.S. litigation system. In recent years, however, several highly significant Supreme Court decisions have weakened the commonality claims of defendants, particularly in workplace discrimination actions. In light of this background, the trends and prospects of employment class actions were the theme of the 56th annual proceedings of the prestigious New York University Conference on Labor, held in May 2003. This important volume reprints the papers presented at that conference, as well as some additional contributions. Among the considerable expertise brought to...
Sexual Harassment in the Workplace
Simultaneously thorough and readable. This book is a must for anybody who needs to be up on the latest thinking on this complex and difficult topic. --Myra Strober, Stanford University Sexual harassment is a problem with a long past, but a short history. About 15 years after journalists and scholars first began writing about it, sexual harassment has become a household word and a topic of concern for employers and employees, and despite very little research funding, there is now a fair amount of data on this topic. Sexual Harassment in the Workplace provides a comprehensive look at what we know about sexual harassment. Editor Margaret S. Stockdale and a multidisciplinary cast of contributing authors have produced a volume that is grounded in theory, research, and practice but is accessible to researchers, advanced students, and practitioners in multiple disciplines. The topic of sexual harassment is one that is extremely timely and relevant for today′s students in women′s studies, organizational studies, and sociology. Sexual Harassment in the Workplace deals with a variety of issues and aspects of sexual harassment that will certainly spark discussion and debate.
The Death Penalty
The fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. The majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. Emphasizing the impact of international human rights principles and evidence of abuse, the authors examine how this has fueled challenges to the death penalty and they analyze and appraise the likely obstacles, political and cultural, to further abolition. They discuss the cruel realities of the death penalty and the failure of international standards always to e...
The Capability Approach to Labour Law
Forty years ago Amartya Sen introduced to the world a novel approach to the idea of equality: the notion of 'basic capability' as 'a morally relevant dimension' and the claim that we should focus upon equality of basic capabilities ('a person being able to do certain basic things'). These ideas, as developed by Sen and Martha C. Nussbaum, have launched an academic armada now proceeding under the flag of the 'capability approach' (CA). While that flag has ventured far and wide and engaged many areas of inquiry, this volume of essays is the first to explore how CA might shed light upon labour law. The capabilities approach can illuminate our understanding of labour law across three dimensions....
