January 15, 2005
On the light side!
From Frank Snyder at ContractsProf Blog an employment law version of Bob Dylan's song "The
Times Terms They Are A-Changin'."
G Em C G
Now listen, you workers, pay heed to my song
G Em C D
The broad social forces around you are strong,
G Em C G
And whether for better or worse, right or wrong,
G Am D
Your employment terms need rearrangin’
D D/c G/b D/a
So sign on the line or just go and resign,
G C D G
For the terms, they are a-changin’.
For the rest of the song see here.
January 14, 2005
January 13, 2005
5th Annual Women and the Law Conference
Emory University’s Feminism and Legal Theory Project and Thomas Jefferson School of Law’s Women and the Law Project are co-hosting a two-day conference that seeks to gauge the effect of feminist legal theory beyond U.S. borders. As the world has become more interdependent, the focus of feminist legal theory has moved from formal equality to frameworks recognizing cultural difference, accounting for male dominance, and promoting anti-essentialism. This conference will examine how the strands of feminist legal theory spread beyond national borders and in the process are transformed. The conference starts on Friday, February 18th at 3:00 pm, featuring our first panel, Globalization and Feminist Theory: Setting the Stage. Kathryn Abrams, Associate Dean and Herma Hill Kay Distinguished Professor of Law at U.C. Berkeley’s Boalt Hall School of Law, will then deliver Thomas Jefferson’s 2005 Ruth Bader Ginsburg Lecture. A reception and optional dinner follow the lecture. Saturday morning activities begin with fascinating speakers on Human Rights and Feminist Theory, and Globalization and Sexuality, followed by a luncheon talk on Reproduction and Free Trade in the Americas: A New View on Labor. The conference wraps up with a look at The Spread of Feminist Legal Theory: A Comparative Perspective. Speakers include scholars and activists from across the United States, Asia, Australia, Canada, the Caribbean, and Europe.
Emory University’s Feminism and Legal Theory Project and Thomas Jefferson School of Law’s Women and the Law Project are co-hosting a two-day conference that seeks to gauge the effect of feminist legal theory beyond U.S. borders. As the world has become more interdependent, the focus of feminist legal theory has moved from formal equality to frameworks recognizing cultural difference, accounting for male dominance, and promoting anti-essentialism. This conference will examine how the strands of feminist legal theory spread beyond national borders and in the process are transformed.
The conference starts on Friday, February 18th at 3:00 pm, featuring our first panel, Globalization and Feminist Theory: Setting the Stage. Kathryn Abrams, Associate Dean and Herma Hill Kay Distinguished Professor of Law at U.C. Berkeley’s Boalt Hall School of Law, will then deliver Thomas Jefferson’s 2005 Ruth Bader Ginsburg Lecture. A reception and optional dinner follow the lecture. Saturday morning activities begin with fascinating speakers on Human Rights and Feminist Theory, and Globalization and Sexuality, followed by a luncheon talk on Reproduction and Free Trade in the Americas: A New View on Labor. The conference wraps up with a look at The Spread of Feminist Legal Theory: A Comparative Perspective. Speakers include scholars and activists from across the United States, Asia, Australia, Canada, the Caribbean, and Europe.
Sentencing Blog cited by Supreme Court
Law Professor Blog Cited by Supreme Court
Kudos to Douglas Berman (Ohio State), editor of Sentencing Law and Policy blog, which is part of our Law Professor Blogs Network. Doug's blog was cited by Justice Stevens in his dissent (at p. 7, n.4) in yesterday's U.S. v. Booker decision on the constitutionality of the federal sentencing guidelines. Doug had a whirlwind day: he appeared on the NewsHour with Jim Lehrer to discuss the decision and his blog had over 20,000 visitors (and over 40,000 page views), rivaling the traffic generated by his profile in the Wall Street Journal this summer.
"The Father of Our Country dealt with a lot of troublesome things in his time, but one of them—as has sometimes been the case for other employers—was the drinking habits of an employee."
January 12, 2005
Schatzki appointed Dean of the Faculty at ASU
Professor George Schatzki has been appointed Dean of the Faculty of the ASU College of Law. He will work closely with faculty in all respects, and will assist Dean White with the College's ambitious agenda of further improvement.
"I am absolutely delighted to announce that George Schatzki has agreed to serve in the newly created post of Dean of the Faculty of the College of Law," said Dean White. "I am extraordinarily appreciative to George for his willingness to undertake this assignment."
After graduating from Harvard Law School, Dean Schatzki practiced labor-management relations law, first with the National Labor Relations Board and later in private practice. In 1965 he joined the law faculty at the University of Texas, remaining until 1979 when he became the Dean of the law school at the University of Washington. Five years later he accepted the deanship at the University of Connecticut School of Law, where he remained as a professor until he joined the faculty at ASU College of Law in 2000. Professor Schatzki has written numerous articles about labor law and employment discrimination law, and has co-authored two casebooks (and their later editions) in the same fields.
Professor Paul Secunda (Mississippi) has published, Getting to the Nexus of the Matter: A Sliding Scale Approach to Faculty-Student Consensual Relationship Policies in Higher Education, 55 Syr. L. Rev. 55 (2004).
The article challenges current regulatory approaches that postsecondary institutions are taking towards faculty-student consensual relationships. Drawing upon over a half century of labor arbitration law in the union context, and applying the well-known nexus principle, Professor Secunda argues that colleges and universities can only legitimately regulate these faculty-student relationships if such relationships have a discernible and detrimental impact on the college or university.
Wal-Mart, what a place to work!
What in the world is going on at Wal-Mart? Two recent (unrelated) events involving Wal-mart employees.
In Fort Lauderlade, Florida:
"A Miami woman was found guilty Wednesday of poisoning her boss by putting rat poison into his soda can.
Femesha Foster, 37, was caught on a hidden camera dropping the toxic mix into Mark Caruso's drink in 2000. The pair were co-workers at a
Wal-Mart store in Pembroke Pines.
She said was only trying to force Caruso to go home sick, that she had recently discovered that he knew she had written checks from his account."
In Muscatine, Iowa:
"Dean L. Wooten found out the hard way that not everyone shares his sense of humor.
In September, the Wal-Mart customer greeter lost his job after he showed a little too much of his friendly side to customers. But the funny business didn’t hit the air waves and newspaper racks until this week and Wooten, 65, still doesn’t know why.
Somehow, news that Wooten lost his job for passing out computer-altered photos of his head on the body of man dressed in nothing more than a Wal-Mart sack generated a great deal of media interest this week. Wooten, who lives with his wife, Edyth, just outside Fruitland, said a friend created the photo on his computer and added a statement about the sack being Wal-Mart’s new uniform to save the company money. Wooten said he was amused and thought others would find it funny, so he made copies of the photo and statement and began handing them out to customers who came in the store."
Fired Wal-Mart Greeter Not Smiling (by Cynthia Beaudette)
January 11, 2005
Workplace bias against moms
Hitting the 'maternal wall': Bias against moms in the workplace is real, a New Jersey study finds (by Peggy O'Crowley, Start-Ledger)
"WORRIED ABOUT hitting the glass ceiling on your career ascent? If you're a mother, you might want to adjust your sights downward, because it's more likely you're going to slam into the "maternal wall" first, according to new research.
The phrase "maternal wall,"which describes bias against mothers in the workplace, is the subject of the entire December issue of the "Journal of Social Issues.
One study in the journal found that young adults from William Paterson University in Wayne who looked at identical résumés for a job candidate were less likely to promote a candidate who is a mother than a father or a childless man or woman."
Presentation on Taxes and the Job Market
Steven Davis, a professor of international business and economics at the University of Chicago's Graduate School of Business, will present the result of his research into the long-term effects of different tax rates in various countries, this coming Friday, January 14 at the American Enterprise Institute.
Davis found that taxes affect work activity directly through labor supply, labor demand, and also indirectly through government spending, which is determined by available tax revenue such as unemployment benefits or Social Security.
Davis found that higher tax rates on salaries and on household spending can lead to less work time, more time spent on unpaid work at home and on leisure, a larger untaxed underground economy, a smaller national output, and less employment in industries that rely heavily on low wages and low skilled labor.
Davis's findings suggests that differences in the tax rates among major developed economies are a primary reason for large international differences in working hours and in types of available jobs.
January 10, 2005
More on Religion and the Workplace
Recently I blogged about the issues raised by the increased presence of religion at workplaces across the U.S. (here).
A recent article in the Charlotte Observer explores that same issue:
"Legions of believers" ... are marching their religious beliefs, and practices, into the marketplace in multiplying numbers. Increasingly, executives and workers nationwide are saying religion isn't just for Sundays.
This faith-in-the-workplace movement stretches from the White House to Ford Motor Co. to Coke Consolidated in Charlotte. It can range from lunchtime Bible studies to company service projects to mission statements that honor God. Some see the movement as a way to improve values and morale on the job. Others see the office as fresh ground for recruiting souls.
Some, however, worry about religion becoming too intrusive in the secular workplace."
Faith in the workplace, Visibility of religious beliefs on job growing (by Rick Rothacker),
Target follows Wal-Mart's lead?
First, Wal-Mart, now Target.
19 Employees Claim They Were Harassed by Target Managers (by Sarah Schulte)
More than a dozen employees at a South Side Target claim they are victims of sexual harassment, age discrimination and intimidation by store managers.
Nineteen employees have now come forward with complaints against a manager and the assistant manager of a Target store on South Cottage Grove. Employees accuse the store manager and assistant management of not only sexually harassing employees but also retaliating against those who knew about the harassment. Target says the complaint has no merit....
Interesting dispute over wages involving strip club dancers, reported in the Billings Gazette.
The owners of a Lockwood strip bar have filed a lawsuit against one of its former dancers asking a judge to reverse a state agency decision that the business is collecting improper "kickbacks" from its performers...
The lawsuit follows an order issued in November by state hearings examiner Greg Hanchett, who found in favor of Cook in her complaint against the strip bar. The Billings woman said Planet Lockwood improperly charged her a "stage fee" when she worked for the bar as a dancer.
According to Hanchett's written order, Cook worked at Planet Lockwood from December 2002 until she resigned in October 2003. She was paid $6.50 an hour, but was also charged a nightly stage fee. The amount depended on the number of customers and the night of the week, the document states.
State wage and hour regulations do not permit employers to charge employees such fees, Hanchett said.