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Who Names the Price?
Naomi R. Sunshine, Employees as Price-Takers, 22 Lewis & Clark L. Rev. 105 (2018).Matt BodieIn Employees as Price-Takers, Naomi Sunshine defines employees as workers who lack “significant input...
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How to Tell Other Sexual Harassment Stories
Tristin K. Green, Was Sexual Harassment Law a Mistake? The Stories We Tell, 128 Yale L.J. Forum 152 (2018) Angela Onwuachi-Willig & Kristen Konrad Tiscione, Rewrite of Meritor Savings Bank v....
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Will Conservative Justices Sound the Death Knell of State Action? Be Careful...
Joseph E. Slater, Will Labor Law Prompt Conservative Justices to Adopt a Radical Theory of State Action?, 96 Neb. L. Rev. 62 (2017).Anne Marie LofasoLate last year, in Janus v. AFSCME, the Supreme...
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Erosions of the Work/Non-Work Divide
Leora Eisenstadt, Data Analytics and the Erosion of the Work/Non-Work Divide, __ Am. Bus. L.J. __ (forthcoming 2019), available at SSRN.Alex B. LongMuch has been written in recent years about how...
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A Fresh Look at the Workplace Rules for Franchisors
Andrew Elmore, Franchise Regulation for the Fissured Economy, 86 Geo. Wash. L. Rev. 59 (2018).Joseph SeinerAn often forgotten area of employment law is the role played by millions of employees working...
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How We Regulate Wage Theft
Jennifer J. Lee & Annie Smith, Regulating Wage Theft, 94 Wash. L. Rev. 759 (2019), available at SSRN.Sachin PandyaHow best to combat wage theft? In a new paper, Regulating Wage Theft, Jennifer Lee...
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Intersecting Race Within #MeToo Movement as #UsToo
Angela Onwuachi-Willig, What About #UsToo? The Invisibility of Race in the #MeToo Movement, 128 Yale L.J. Forum 105 (2018).Michael Z. GreenThe current #MeToo movement is a powerful force in our...
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Coercion in Labor Law: A Fresh Perspective
Michael M. Oswalt, The Content of Coercion, 52 U.C. Davis L. Rev. 1585 (2019).Martin H. MalinThe National Labor Relations Act (NLRA) prohibits employers and labor organizations from coercing others in...
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Competing Interests and Best Practices in the Wake of #Metoo
Rachel Arnow-Richman, Of Power and Process: Handling Harassers in an At-Will World, 128 Yale L.J. Forum 85 (2018).Kerri Lynn StoneOne of my favorite pieces published in labor and employment law this...
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Dissolving Bonds
Orly Lobel, Gentlemen Prefer Bonds: How Employers Fix the Talent Market, Santa Clara L. Rev. __ (forthcoming, 2019), available at SSRN.Charles A. SullivanProfessor Lobel begins by analyzing the various...
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Crowdsourcing Plain Meaning
James A. Macleod, Ordinary Causation: A Study in Experimental Statutory Interpretation, 94 Ind. L.J. __ (forthcoming 2019), available at SSRN.Marcia L. McCormickEmployment discrimination doctrine is a...
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Ghosts in the Shell
Mary L. Gray & Siddharth Suri, Ghost Work: How to Stop Silicon Valley from Building a New Global Underclass (2019).Matt BodieOur understanding of work and workers is significantly enriched by...
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What’s Good for the Goose is Good for the Gander, Or Is It? The Pitfalls of...
Richard Blum, Labor Picketing, The Right To Protest, and the Neoliberal First Amendment, 42 N.Y.U. Rev. L. & Soc. Change 595 (2019).Anne Marie LofasoIn his article, Labor Picketing, The Right To...
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Avoidance Creep
Charlotte Garden, Avoidance Creep, __ U. Pa. L. Rev. __ (forthcoming 2020), available at SSRN. Joseph SlaterProfessor Charlotte Garden already has a well-earned reputation as a leading scholar on the...
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Failing to Protect Democracy by Failing to Protect Government Employee...
Ronald J. Krotoszynski, Jr., Whistleblowing Speech and the First Amendment, 93 Ind. L.J. 267 (2018).Henry L. Chambers, Jr.In Professor Ronald J. Krotoszynski, Jr.’s article, Whistleblowing Speech and...
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Socialization at Work and #MeToo Backlash
Zoe Cullen and Ricardo Perez-Truglia, The Old Boys’ Club: Schmoozing and the Gender Gap, NBER Working Paper No. 26950 (Mar. 2020).Charlotte S. AlexanderAs the #MeToo movement has matured, researchers...
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Erosions of the Work/Non-Work Divide
Leora Eisenstadt, Data Analytics and the Erosion of the Work/Non-Work Divide, 56 Am. Bus. L. J. 445 (2019), available at SSRN.Alex B. LongMuch has been written in recent years about how technology that...
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Post-Sexist?
Claudia Flores, Beyond the Bad Apple-Transforming the American Workplace for Women After #metoo, 2019 U. Chi. Legal F. 85 (2019).Kerri Lynn StoneIn Beyond the Bad Apple-Transforming the American...
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Workplace Law, Social Neuroscience, and the Right to be Different
Susan D. Carle, Acting Differently: How Science on the Social Brain Can Inform Antidiscrimination Law, 73 U. Miami L. Rev. 655 (2019).Joseph SeinerPerhaps one of the biggest drawbacks in the current...
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The Impact of Ban-the-Box Measures
Dallan Flake, Do Ban-the-Box-Laws Really Work?, 104 Iowa L. Rev. 1079 (2019).Alex B. LongI haven’t taught the basic Employment Law survey course in a few years, so I was updating my class notes...
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