Labor and Employment Law News - November 2009

Labor and the Law:
News and Current Events from the LERA Section on Labor and Employment Law (LEL) © 2009

The full text of many cases is now available free on-line. Where that is the case, links are provided.

Sexual Harassment and the Faithless Servant Rule

The March 2008 LEL Newsletter discussed one type of disloyal employee conduct — competing with the employee's employer while still an employee of that employer. http://lera.cloud.ojctech.com/publications/labor-and-employment-law-newsletter/labor-and-employment-law-news-march-2008 As discussed there, disloyalty does not include all actions an employer might consider disloyal. It is a very narrow doctrine, limited to specific sorts of conduct. The employer's remedy is forfeiture of all compensation received during the specific period of disloyalty. Again, not all conduct that might be considered disloyal in the general sense is found to be disloyal and requiring employee forfeiture of compensation.

A recent case involved a related sort of employee misconduct and a similar remedy — forfeiture of compensation during the period of employee misconduct under the "faithless servant" rule. In this case, the employee was the company's chief executive, and the misconduct involved financial improprieties that included tax evasion, widespread sexual harassment of employees, and attempts to cover up the harassment. The facts found by the court are complex and highly disturbing in terms of level of sexual harassment, cover-ups, and general abuse of power. Astra USA, Inc. v. Bildman, Case No.SJC-10361 (Mass. Oct. 5, 2009).

http://www.cas.suffolk.edu/sjc/archive/opinions/SJC_10361.pdf

http://www.cas.suffolk.edu/sjc/archive/2009/SJC_10361.html

Among other things, the employee's misconduct caused his employer to pay nearly $10 million as a result of the sexual harassment. During the period in which these improprieties occurred, the executive was paid approximately $7 million in salary and bonuses. The case included a number of other issues, including a finding that the executive could not enforce the right to attorney fees and costs under his employment contract.

Duty of loyalty and faithless servant law is state-based, so it varies from state to state. This case, for example, was tried under New York law, which required that all employee compensation received during the period of disloyalty be forfeited. A faithless employees fares better under Massachusetts law, which takes into consideration the value of the employee's service in calculating the amount to be forfeited.

I mention these two laws, because, although, the case was tried in a Massachusetts court, New York law was applied. It may come as a surprise that a Massachusetts court would apply the law of a different state. However, this is a common occurrence. For example, many of us sign contracts in which we agree that a specific state's law will apply to any dispute. For example, in writing this case analysis, I looked at a contract for participating in a Blockbuster Movie raffle. The contract says that Texas law will apply to all disputes. In the faithless servant case, the choice of New York law was based on rules developed by Massachusetts courts that required "â˜applying the law of the State of incorporation to internal corporate affairs.'" The case involved internal corporate affairs, and the company was incorporated in New York. As a result, New York law applied. Choice of law rules are important in a country like the United States where transactions can involve more than one state.

Employee Status

           One of the legal areas in which there is great confusion is deciding whether a worker is an employee. Confusion on this issue is a serious problem, because employee status affects whether a person is covered by workplace statues. An example of this sort of confusion may be found in a recent case from Michigan. The trial judge held that the worker was not an employee because he was an "indentured servant". Had the judge thought about it, the status of indentured servant would be illegal under the 13th Amendment to the U.S. Constitution. Most people are not confused to that extent. Progressive MI Ins. Co. v. Contract Towing, Inc., Case No.286570 (Mich. Ct. App. Oct. 1, 2009) http://www.michbar.org/opinions/appeals/2009/100109/43921.pdf

However, the trial judge's opinion also suggested that he believed it is possible to contract out of employee status, and this is a common misunderstanding of the law. The trial judge also treated actions such as not withholding taxes and not complying with wage payment, workers compensation, and workplace safety laws as evidence of nonemployee status rather than as the legal violations they were.

The court of appeals, however, was not confused as to how to the law. It remanded the case to the trial court and instructed the judge to apply the common law economic realities test to the facts it had found. The elements of that test are: "â˜(1) control of a worker's duties, (2) payment of wages, (3) right to hire, fire and discipline, and (4) performance of the duties as an integral part of the employer's business toward the accomplishment of a common goal.'" The most important of these elements is the right to control.

Web Links

Congressional Research Service, Kathleen S. Swendiman & Nancy Lee Jones, The 2009 Influenza Pandemic: Selected Legal Issues R40560 September 1, 2009 http://assets.opencrs.com/rpts/R40560_20090901.pdf

Congressional Research Service, Sarah A. Lister & C. Stephen Redhead, The 2009 Influenza Pandemic: An Overview R40554 September 10, 2009 House Education and Labor Committee's hearing on Nevada's Workplace Safety and Health Program http://edlabor.house.gov/hearings/2009/10/nevadas-workplace-health-and-s.shtml

Jason L. Ford, The New Health Participation and Access Data from the National Compensation Survey (Department of Labor Bureau of Labor Statistics) http://www.bls.gov/opub/cwc/cm20091022ar01p1.htm

Daniel R. Levinson. Office of Inspector General, Department of Health and Human Services, Medicare Drug Integrity Contractors' Identification of Potential Part D Fraud and Abuse, OEI-03-08-00420 October 2009 http://www.oig.hhs.gov/oei/reports/oei-03-08-00420.pdf

Congressional Budget Office, The Economic Effects of Legislation to Reduce Greenhouse-Gas Emissions. (September 2009) http://www.cbo.gov/ftpdocs/105xx/doc10573/09-17-Greenhouse-Gas.pdf

Senate Committee on Energy and Natural Resources, Full Committee Hearing: To receive testimony on energy and related economic effects of global climate change legislation

October 14, 2009 hearing http://energy.senate.gov/public/index.cfm?FuseAction=Hearings.Hearing&Hearing_ID=3050c928-94fb-d215-d744-8018edf5a669

October 21, 2009 hearing http://energy.senate.gov/public/index.cfm?FuseAction=Hearings.Hearing&Hearing_ID=3abdbd7b-0682-273e-80a3-dfa9550c8384

Department of Transportation, Vision for High-Speed Rail in America http://www.fra.dot.gov/Downloads/Final FRA HSR Strat Plan.pdf

IRS Retirement Plans Navigator http://www.retirementplans.irs.gov/

Government Accountability Office, Contract Management: Agencies Are Not Maximizing Opportunities for Competition or Savings under Blanket Purchase Agreements despite Significant Increase in Usage GAO-09-792, September 9, 2009 http://www.gao.gov/new.items/d09792.pdf

Government Accountability Office, Railroad Retirement Board: Review of Commuter Railroad Occupational Disability Claims Reveals Potential Program Vunerabilies GAO-09-821R, September 9, 2009 http://www.gao.gov/new.items/d09821r.pdf

Government Accountability Office, Transportation Security Administration: TSA Executive Attrition Has Declined, but Better Information Is Needed on Reasons for Leaving and Executive Hiring Process GAO-10-139, October 9, 2009 http://www.gao.gov/new.items/d10139.pdf

Government Accountability Office, Troubled Asset Relief Program: Capital Purchase Program Transactions for October 28, 2008, through September 25, 2009, and Information on Financial Agency Agreements, Contracts, Blanket Purchase Agreements, and Interagency Agreements Awarded as of September 18, 2009 (GAO-10-24SP, October 2009), an e-supplement to GAO-10-16 GAO-10-24SP, October 8, 2009 http://www.gao.gov/special.pubs/gao-10-24sp/index.html

Government Accountability Office, Troubled Asset Relief Program: One Year Later, Actions Are Needed to Address Remaining Transparency and Accountability Challenges GAO-10-16, October 8, 2009 http://www.gao.gov/new.items/d1016.pdf

Government Accountability Office, Medicaid: State and Federal Actions Have Been Taken to Improve Children's Access to Dental Services, but Gaps Remain GAO-09-723, September 30, 2009 http://www.gao.gov/new.items/d09723.pdf

Government Accountability Office, Medicaid: State and Federal Actions Have Been Taken to Improve Children's Access to Dental Services, but More Can Be Done GAO-10-112T, October 7, 2009 http://www.gao.gov/new.items/d10112t.pdf

Government Accountability Office, Sexual Orientation and Gender Identity Employment Discrimination: Overview of State Statutes and Complaint Data GAO-10-135R, October 1, 2009 http://www.gao.gov/new.items/d10135r.pdf

Government Accountability Office, Civilian Agencies' Development and Implementation of Insourcing Guidelines GAO-10-58R, October 6, 2009 http://www.gao.gov/new.items/d1058r.pdf

Government Accountability Office, Retirement Savings: Better Information and Sponsor Guidance Could Improve Oversight and Reduce Fees for Participants GAO-09-641, September 4, 2009 http://www.gao.gov/new.items/d09641.pdf

Government Accountability Office, High Speed Passenger Rail: Developing Viable High Speed Rail Projects under the Recovery Act and Beyond GAO-10-162T, October 14, 2009 http://www.gao.gov/new.items/d10162t.pdf

Government Accountability Office, Equal Employment Opportunity: DHS Has Opportunities to Better Identify and Address Barriers to EEO in Its Workforce GAO-10-160T, October 14, 2009 http://www.gao.gov/new.items/d10160t.pdf

Government Accountability Office, Information Technology: Social Security Administration's Data Exchanges Support Current Programs, but Better Planning Is Needed to Meet Future Demands GAO-09-966, September 16, 2009 http://www.gao.gov/new.items/d09966.pdf

Government Accountability Office, Social Security Disability: Additional Outreach and Collaboration on Sharing Medical Records Would Improve Wounded Warrior's Access to Benefits GAO-09-762, September 16, 2009 http://www.gao.gov/new.items/d09762.pdf

Government Accountability Office, Proprietary Schools: Improved Department of Education Oversight Needed to Help Ensure Only Eligible Students Receive Federal Student Aid GAO-10-127T, October 14, 2009 http://www.gao.gov/new.items/d10127t.pdf

Government Accountability Office, The Role of the U.S. Government Accountability Office GAO-10-111CG, October 2, 2009 http://www.gao.gov/new.items/d10127t.pdf

Maria Shriver, Heather Boushey & Ann O'Leary, The Shriver Report: A Woman's Nation Changes Everything (Center for American Progress) October 16, 2009 http://www.americanprogress.org/issues/2009/10/womans_nation.html

NLRB, Operations Management Memorandum: Skip Counsel Issue Regarding Service of Documents and Correspondence (Oct. 7, 2009) http://www.nlrb.gov/shared_files/OM%20Memo/2010/OM%2010-05%20Skip%20Counsel%20Issue%20Regarding%20Service%20of%20Documents%20and%20Correspondence.pdf

NLRB, Video Guide to NLRB.gov website: "Introduction to the NLRB Public Website"

NLRB, Video: "How to Use CiteNet"

http://www.nlrb.gov/nlrb/shared_files/media/SiteTour/SiteTour.html

Towers Perrin 2010 Health Care Cost Survey http://www.towersperrin.com/hcg/hcc/TPHCCS2010srvycharts.pdf

Watson Wyatt, Employer Commitment to Retirement Plans in the United States http://www.watsonwyatt.com/news/press.asp?ID=22544

Watson Wyatt, True Cost of Turnover http://www.watsonwyatt.com/strategyatwork/render.asp?articleid=2234

Comparison of Non-Employee Director Compensation at the 100 Largest NASDAQ and 100 Largest New York Stock Exchange Companies http://www.fwcook.com/alert_letters/2009-Director-Comp-Report.pdf
 

Recent Labor and Employment Law Articles
 

Dorothea Alewell & Andreas Nicklisch, Wage Differentials and Social Comparison: A n Experimental Study of Interrelated Ultimatum Bargaining, 29 Int'l Rev. L. & Econ. 210 (2009)

Irene Ayers, The Undertraining of Lawyers and its Effect on the Advancement of Women and Minorities in the Legal Profession, 1 Duke F. for L. & Soc. Change 71 (2009)

M.V. Badgett, et alia, The Impact on Maryland's Budget of Allowing Same-Sex Couples to Marry. 7 U. Md. L.J. Race, Religion, Gender & Class 295 (2007)

Richard Bales & Sue Irion, How Congress Can Make a More Equitable Federal Arbitration Act, 113 Penn St. L. Rev. 1081 (2009)

Robin Barnes, Drafting the Priests of Our Democracy to Serve the Diplomatic, Informational, Military & Economic Dimensions of Power, 27 Buff. Pub. Interest L.J. 131 (2008-2009)

Ann Bartow, Internet Defamation as Profit Center: The Monetization of Online Harassment, 32 Harv. J.L. & Gender 383 (2009)

Upendra Baxi, Does Life Indeed Begin at Sixty? Revisiting the UDHR as a "Single Garment of Destiny" in a Hyperglobalizing World, 23 Emory Int'l L. Rev. 25 (2009)

Steffanie Bevington, Case Summary. Giving Employers Guidance: The Proper Response to No-Match Letters, 39 Golden Gate U. L. Rev. 387 (2009)

Megan Berry, A Woman's Worth: Accounting for Women in the Global Market, 37 Denv. J. Intl'l L. & Pol'y 465 (2009)

Lisa Blomgren Bingham, et alia, Dispute System Design and Justice in Employment Dispute Resolution: Mediation at the Workplace, 14 Harv. Negotiation L. Rev. 1 (2009)

Kristi Bowman, A New Strategy for Pursuing Racial and Ethnic Equality in Public Schools, 1 Duke F. for L. & Soc. Change 47 (2009)

Jared Cantor, Note: Defining Disabled: Exporting the ADA to Europe and the Social Model of Disability, 24 Conn. J. Int'l L. 399 (2009)

Kevin Clermont, Litigation Realities Redux, 84 Notre Dame L. Rev. 1919 (2009)

Elizabeth Currid, Note: More Bite than Bark: The Legal and Social Consequences of Microchipping Individuals with Alzheimer's Disease, 6 Ind. Health L. Rev. 357 (2009)

Justin Conforti, Comment: Somebody's Watching Me: Workplace Privacy Interests, Technology Surveillance, and the Ninth Circuit's Misapplication of the Ortega Test, 5 Seton Hall Cir. Rev. 461 (2009)

Pablo Cortes, Can I Afford Not to Mediate? Mandatory Online Mediation for European Consumers: Legal Constraints and Policy Issues, 35 Rutgers Computer & Tech. L.J. 1 (2008)

Cathy Costantino, Second Generation Organizational Conflict Management Systems Design: A Practitioner's Perspective on Emerging Issues, 14 Harv. Negotiation L. Rev. 81 (2009)

Lisa Crooms, A Stone's Throw to Justice: Liberty, Equality, and Women's Rights in the Supreme Court Opinions of Justice Thurgood Marshall, 52 How. L.J. 559 (2009)

Craig Cunningham, Note: Mind the Gap: A Legal and Economic Analysis of Stockbroker Overtime Eligibility under the Fair Labor Standards Act, 2009 U. Ill. L. Rev. 1243

Keith Cunningham-Parmeter, Redefining the Rights of Undocumented Workers, 58 Am. U. L. Rev. 1361 (2009)

Susan Daicoff, Collaborative Law: A New Tool for the Lawyer's Toolkit. 20 U. Fla. J.l. & Pub. Pol'y 113 (2009)

Richard Delgado, Rodrigo's Homily: Storytelling, Elite Self-Interest, and Legal Change, a review of Steven Bender, One Night in America: Robert Kennedy, Cesar Chavez, and the Dream of Dignity and Gerald N. Rosenberg, The Hollow Hope: Can Courts Bring about Social Change? 87 Or. L. Rev. 1259 (2008)

Eric Engle, Aristotle, Law and Justice: The Tragic Hero, 35 N. Ky. L. Rev. 1 (2008)

Joel Everest, Note: Fibromyalgia and Workers' Compensation: Controversy, Problems, and Injustice, 60 Ala. L. Rev. 1031 (2009)

Paul Farell, Climate Change Action in Connecticut: Linking Energy, the Environment and the Economy, 27 UCLA J. Envtl. L. & Pol'y 281 (2009)

Andrew Fichter, The Law of Doctoring: A Study of the Codification of Medical Professionalism, 19 Health Matrix 317 (2009)

James Fox, Fourteenth Amendment Citizenship and the Reconstruction-Era Black Public Sphere, 42 Akron L. Rev. 1245 (2009)

Naomi Gerstel & Amy Armenia, Giving and Taking Family Leaves: Right or Privilege? 21 Yale J.L. & Feminism 161 (2009)

Julie Goldscheid,.Gender Violence and Work: Reckoning with the Boundaries of Sex Discrimination Law, 18 Colum. J. Gender & L. 61 (2008)

Joanna Grossman & Gillian Thomas, Making Pregnancy Work: Overcoming the Pregnancy Discrimination Act's Capacity-Based Model, 21 Yale J.L. & Feminism 15 (2009)

Jennifer Hainsfurther, A Rights-based Approach: Using CEDAW to Protect the Human Rights of Migrant Workers, 24 Am. U. Int'l L. Rev. 843 (2009)

Matthew Hemmer, Note: Pleading Through Hoops — Respondeat Superior in Section 1962(c) RICO Suits, 35 N. Ky. L. Rev. 127 (2008)

John Hensley & Debra Burke, The Changing Nature of Supervision: Implications for Labor-Management Relations in the Twenty-first Century, 33 Seton Hall Legis. J. 397 (2009)

Keith Hirokawa, At Home with Nature: Early Reflections on Green Building Laws and the Transformation of the Built Environment, 39 Envtl. L. 507 (2009)

Katherine Houren, Note: Achieving the American Dream in Debt? Why the USA Patriot Act Puts Undocumented Immigrants at Risk for Abuse by the Payday Loan Industry, 15 Wash. & Lee J. C.R. & Soc. Just. 561 (2009)

Jason Huebinger, Beyond the Injured Reserve: The Struggle Facing Former NFL Players in Obtaining Much Needed Disability Assistance, 16 Sports Law. J. 279 (2009)

Darren Hutchinson, Sexual Politics and Social Change, 41 Conn. L. Rev. 1523 (2009)

David Hyman, Employment-Based Health Insurance and Universal Coverage: Four Things People Know That Aren't So, 9 Yale J. Health Pol'y L. & Ethics 435 (2009)

Olatunde Johnson, Integration, Reconstructed, 1 Duke F. for L. & Soc. Change 19 (2009)

Angela Jones, Note: Post-traumatic Stress Disorder and Victims of Human Sex Trafficking: A Perpetuation of Chronic Indignity, 4 Intercultural Hum. Rts. L. Rev. 317 (2009)

Oliver Jones, Implausible Deniability: State Responsibility for the Actions of Private Military Firms, 24 Conn. J. Int'l L. 239 (2009)

Richard Kaplan, et alia, Retirees at Risk: The Precarious Promise of Post-Employment Health Benefits. 9 Yale J. Health Pol'y L. & Ethics 287 (2009)

Justin Kerner, Note: Labor Pains: The Seventh Circuit Distorts the Pregnancy Discrimination Act to Bar Discrimination Based on in Vitro Fertilization, 24 Wis. J.L. Gender & Soc'y 117 (2009)

Kevin Koons, Note: Physician Employee Non-compete Agreements on the Examining Table: The Need to Better Protect Patients' and the Public's Interests in Indiana, 6 Ind. Health L. Rev. 253 (2009)

Ramona Lampley, Is Arbitration under Attack?: Exploring the Recent Judicial Skepticism of the Class Arbitration Waiver and Innovative Solutions to the Unsettles Legal Landscape, 18 Cornell J.L. & Pub. Pol'y 477 (2009)

Federico Lenzerini, International Legal Instruments on Human Trafficking and a Victim-Oriented Approach: Which Gaps Are to Be Filled? 4 Intercultural Hum. Rts. L. Rev. 205 (2009)

Joshua Liebman, Tip Your "Cap" to the Players: 2007-2008 Off-Season Reveals NHL's Salary Cap Benefits on Players, 16 Sports Law. J. 81 (2009)

Johnny McGaha & Amanda Evans, Where Are the Victims? The Credibility Gap in Human Trafficking Research, 4 Intercultural Hum. Rts. L. Rev. 239 (2009)

William McDevitt, I Dream of GINA: Understanding the Employment Provisions of the Genetic Information Nondiscrimination Act of 2008, 54 Vill. L. Rev. 91 (2009)

Martin Malin, The Paradox of Public Sector Labor Law, 84 Ind. L.J. 1369 (2009)

Bashar Malkawi, Labor and Management Relationships in the Twenty-First Century: The Employee / Supervisor Dichotomy, 12 N.Y. City L. Rev. 1 (2008)

Carrie Menkel-Meadow, Are There Systemic Ethics Issues in Dispute System Design? And What We Should [Not] Do about It: Lessons from International and Domestic Fronts, 14 Harv. Negotiation L. Rev. 195 (2009)

David Miller, Managing Cultural Differences in an International Organization Conflict Management System, 14 Harv. Negotiation L. Rev. 271 (2009)

Robert Moore, The Interaction Between the Americans with Disabilities Act and Drug and Alcohol Addiction in Sports, 16 Sports Law. J. 231 (2009)

Jeremy Moss, Venture (Social) Capitalists: Turning to Philosophy to Reinvigorate Common Interest Communities, 1 J.L. Phil. & Culture. 199 (2007)

Douglas Nejaime, Inclusion, Accommodation, and Recognition: A ccounting for Differences Based on Religion and Sexual Orientation, 32 Harv. J.L. & Gender 303 (2009)

Joseph Oluwole, Tenure and the "Highly Qualified Teacher" Requirement, 8 Whittier J. Child & Fam. Advoc. 157 (2009)

Ranee Panjabi, Sacrificial Lambs of Globalization: Child Labor in the Twenty-First Century, 37 Denv. J. Intl'l L. & Pol'y 421 (2009)

Deborah Paruch, The Psychotherapist-Patient Privilege in the Family Court: An Exemplar of Disharmony Between Social Policy Goals, Professional Ethics, and Current State of the Law, 29 N. Ill. U. L. Rev. 499 (2009)

Nicholas Pedriana, Discrimination by Definition: The Historical and Legal Paths to the Pregnancy Discrimination Act of 1978, 21 Yale J.L. & Feminism 1 (2009)

Elizabeth Pendo, Working Sick: Lessons of Chronic Illness for Health Care Reform, 9 Yale J. Health Pol'y L. & Ethics 453 (2009)

Ryszard Piotrowicz, The Legal Nature of Trafficking in Human Beings, 4 Intercultural Hum. Rts. L. Rev. 175 (2009)

Marc Poirier, Name Calling: Identifying Stigma in the "Civil Union"/"Marriage" Distinction, 41 Conn. L. Rev. 1425 (2009)

Daniel Ranellone, Note: Trial and Error: Examining ERISA Section 514(a) Preemption of Employer "Fair Share" Laws, 27 Buff. Pub. Interest L.J. 63 (2008-2009)

Mary Rowe, An Organizational Ombuds Office in a System for Dealing with Conflict and Learning from Conflict, or "Conflict Management System" 14 Harv. Negotiation L. Rev. 279 (2009)

Natsu Saito, Human Rights, American Exceptualism, and the Stories We Tell, 23 Emory Int'l L. Rev. 41 (2009)

Maureen Sanders, A Woman for Her Time and Our Future, 39 N.M. L. Rev. 29 (2009)

Rachel Santoro, Comment: Narrowing the Cat's Paw: An Argument for a Uniform Subordinate Bias Liability Standard, 11 U. Pa. J. Bus. L. 823 (2009)

Leticia Saucedo, National Origin, Immigrants, and the Workplace: The Employment Cases in Latinos and the Law and the Advocates' Perspective, 12 Harv. Latino L. Rev. 53 (2009)

Andrea Schneider, The Intersection of Dispute Systems Design and Transitional Justice, 14 Harv. Negotiation L. Rev. 289 (2009)

Lionel Schooler, Labor and Employment Law Update, 41 Tex. Tech. L. Rev. 1097 (2009)

Matt Schweiger, Note: Forsythe v. Clark USA, Inc.: Contradictions in Parent Corporation Liability in Illinois, 58 Depaul L. Rev. 1083 (2009)

Michael Scimone, Comment: More to Lose than Your Chains: Realizing the Ideals of the Thirteenth Amendment, 12 N.Y. City L. Rev. 175 (2008)

Judith Scott, Why a Union Voice Makes a Real Difference for Women Workers: Then and Now, 21 Yale J.L. & Feminism 233 (2009)

Wendy Scott, Desegregation Law and Jurisprudence, 1 Duke F. for L. & Soc. Change 1 (2009)

Joseph Seiner, The Trouble with Twombly: A Proposed Pleading Standard for Employment Discrimination Cases, 2009 U. Ill. L. Rev. 1011

Patricia Shiu & Stephanie Wildman, Pregnancy Discrimination and Social Change: Evolving Consciousness about a Worker's Right to Job-Protected, Paid Leave, 21 Yale J.L. & Feminism 119 (2009)

Ian Silverbrand, Workplace Romance and the Economic Duress of Love Contract Policies, 54 Vill. L. Rev. 155 (2009)

George Smith, Social Justice and Health Care Management: A n Elusive Quest, 9 Hous. J. Health L. & Pol'y 1 (2008)

D.K. Srivastava & Minkang Gu, Law and Policy Issues on Sexual Harassment in China: Comparative Perspectives, 11 Or. Rev. Int'l L. 43 (2009)

Kerri Lynn Stone, From Queen Bees and Wannabes to Worker Bees: Why Gender Considerations Should Inform the Emerging Law of Workplace Bullying, 65 N.Y.U. Ann. Surv. Am. L. 35 (2009)

Symposium: Lessons Learned from the Bush Administration, 4 Duke J. Const. L. & Pub. Pol'y 1 (2009)

Symposium: Respecting Expecting: The 30th Anniversary of the Pregnancy Discrimination Act, 21 Yale J.L. & Feminism 1 (2009)

Symposium: Organizational Systems for Dealing with Conflict & Learning from Conflict, 14 Harv. Negotiation L. Rev. 233 (2009)

Symposium: Local Government Law, 38 Stetson L. Rev. 491 (2009)

Symposium: Idea of Public Reason: Achievement or Failure? 1 J.L. Phil. & Culture. 13 (2007)

Symposium: Human Trafficking: Global and Local Perspectives, 4 Intercultural Hum. Rts. L. Rev. 175 (2009)

Symposium: The Role of Employers in Achieving Universal Health Care Coverage, 9 Yale J. Health Pol'y L. & Ethics 435 (2009)

Symposium: Building the Civilization of Arbitration, 113 Penn St. L. Rev. 983 (2009)

Symposium: Alternative Dispute Resolution, 27 QLR 767 (2009)

Symposium: Reflections on Latinos and the Law: Cases and Materials, 12 Harv. Latino L. Rev. 1 (2009)

Amanda Tarzwell, Note: In Search of Accountability: A ttributing the Conduct of Private Security Contractors to the United States under the Doctrine of State Responsibility, 11 Or. Rev. Int'l L. 179 (2009)

Michelle Travis, The PDA's Causation Effect: Observations of an Unreasonable Woman, 21 Yale J.L. & Feminism 51 (2009)

Wayne Turner, Comment: The False Claims Act: How Vigilantes Find Justice Fighting Government Fraud and Corruption, 12 U.D.C. L. Rev. 115 (2009)

Jasna Vujin, Human Trafficking in the Balkans: An Inside Report, 4 Intercultural Hum. Rts. L. Rev. 267 (2009)

Jessica Weekley, Comment: Discovering Discretion: Applying Intel to Section 1782 Requests for Discovery in Arbitration, 59 Case W. Res. L. Rev. 535 (2009)

Linda White, The United States in Comparative Perspective: Maternity and Parental Leave and Child Care Benefits Trends in Liberal Welfare States, 21 Yale J.L. & Feminism 185 (2009)

Joan Williams, Reconstructive Feminism: Changing the Way We Talk about Gender and Work Thirty Years after the PDA, 21 Yale J.L. & Feminism 79 (2009)

Heather Wolnick, Comment: The Extension of Privacy Rights to Workplace Text Messages, 39 Golden Gate U. L. Rev. 351 (2009)

Glenn Wong & Chris Deubert, Understanding the Evolution of Signing Bonuses and Guaranteed Money in the National Football League: Preparing for the 2011 Collective Bargaining Negotiations, 16 UCLA Ent. L. Rev. 179 (2009)

Jayne Zanglein & Janet Ford, Deja Vu All over Again: Will the Supreme Court's ERISA Decisions Prompt the Fifth Circuit to Revise its Standards? 41 Tex. Tech. L. Rev. 897 (2009)

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