A Tale of Two Amendments: The Reasons Congress Added Sex to Title VII and Their Implication for the Issue of Comparable Worth

The author of this article examines and dispels the frequently cited account that the provisions against sex discrimination in Title VII of the Civil Rights Act of 1964 were created as a Congressman\u27s joke or as an attempt to defeat the bill. He analyzes the background of the Smith and Bennett amendments, focusing on the congressional debates as they appear in the Congressional Record. He concludes that the Members of Congress were serious about sex discrimination, and that this seriousness has important implications for the interpretation of Title VII

Towards a Unified Theory of the Law of Employment Discrimination

TowardsaUnifiedTheoryoftheLawEmployment.pdf: 988 downloads, before Oct. 1, 2020

Some Recent Developments in Federal and State Labor and Employment Law

SomeRecentDevelopmentsinFederal.pdf: 1006 downloads, before Oct. 1, 2020

A Philosophical Basis for Judicial Restraint

The purpose of this article is to establish a principled basis for restraint of judicial lawmaking. The principle is that all findings of fact, whether of legislative or adjudicative facts, must be based on evidence in the record of a case. This principle is grounded in moral philosophy. I will begin with a discussion of the relevant aspect of moral philosophy, then state and defend the principle, and finally apply it to a line of cases

Disparate Impact Under the Age Discrimination in Employment Act of 1967

DisparateImpactUndertheAgeDiscrimination.pdf: 5205 downloads, before Oct. 1, 2020

An Introduction to Labor Law

[Excerpt] The purpose of this book is to introduce the reader to the federal law of unions and employers. This law is composed of two major elements. The first element is the National Labor Relations Act and the amendments to it. The second element is the decisions of the National Labor Relations Board and of the federal courts; these decisions interpret and apply the statutes. The statutes are long and complex, and the decisions of the Labor Board and of the courts number in the hundreds of thousands. As a result, this book cannot cover all of the law. Only the most important areas of the law are discussed, and the discussion of these areas is purposefully simplified. Although all of the following statements about the law are accurate, many are incomplete. Much more could be said about every topic addressed in this book

Employment Discrimination and the Assumption of Equality

The assumption of equality undergirds the American law of employment discrimination. The assumption is that racial and sexual classes are equally qualified for jobs. Although it has sometimes been ignored, and can be rebutted in a specific case, the assumption of equality is fundamental to the law of nondiscrimination. Proof of discrimination in a class action, whether based on disparate treatment or disparate impact, requires the assumption. The assumption is so strong in this context that when the Supreme Court weakened it recently, Congress promptly reinforced it. The assumption of equality is also a crucial element of the law of affirmative action and reverse discrimination. The former is consistent with the assumption and is legal; the latter is inconsistent with the assumption and is illegal. By prohibiting race norming, which violates the assumption, Congress has reaffirmed its commitment to the assumption

Apple\u27s inability to monitor standards lets Pegatron pay low wages, NGO says

This document is part of a digital collection provided by the Martin P. Catherwood Library, ILR School, Cornell University, pertaining to the effects of globalization on the workplace worldwide. Special emphasis is placed on labor rights, working conditions, labor market changes, and union organizing.CLW_2015_Report_China_apples_inability.pdf: 55 downloads, before Oct. 1, 2020

Institutionalized Discrimination in the Legal System: A Socio-Historical Approach

Despite many of the social, political, and economic changes of the 1960s, discrimination is still prevalent in the United States. Increasingly, evidence of discrimination can be seen in our nation\u27s courts, institutions of higher education, in public policy decisions, and every social, political and economic institution. The question of how this can be in these days of ethnic and cultural diversity has aroused considerable interest among social scientists, as well as among the general public. One area that has been the target of considerable research is the criminal justice system. Wilbanks[1] has suggested that it is a myth that the criminal justice system is racist and discriminates against blacks and other minorities. This paper argues to the contrary. It is suggested that Wilbanks has inappropriately applied a microlevel analysis to a macrolevel phenomenon. Examining the historical-structural nature of the legal systems points to great disparities in the status quo of US jurisprudence

Beyond Individual Choice: Teams and Frames in Game Theory

Game theory is central to modern understandings of how people deal with problems of coordination and cooperation. Yet, ironically, it cannot give a straightforward explanation of some of the simplest forms of human coordination and cooperation--most famously, that people can use the apparently arbitrary features of "focal points" to solve coordination problems, and that people sometimes cooperate in "prisoner's dilemmas." Addressing a wide readership of economists, sociologists, psychologists, and philosophers, Michael Bacharach here proposes a revision of game theory that resolves these long-standing problems. In the classical tradition of game theory, Bacharach models human beings as rational actors, but he revises the standard definition of rationality to incorporate two major new ideas. He enlarges the model of a game so that it includes the ways agents describe to themselves (or "frame") their decision problems. And he allows the possibility that people reason as members of groups (or "teams"), each taking herself to have reason to perform her component of the combination of actions that best achieves the group's common goal. Bacharach shows that certain tendencies for individuals to engage in team reasoning are consistent with recent findings in social psychology and evolutionary biology. As the culmination of Bacharach's long-standing program of pathbreaking work on the foundations of game theory, this book has been eagerly awaited. Following Bacharach's premature death, Natalie Gold and Robert Sugden edited the unfinished work and added two substantial chapters that allow the book to be read as a coherent whole.coordination, cooperation, focal points, prisoner's dilemma, rational actors, decision problems, psychology, evolutionary biology