employment discrimination a context and practice casebook second edition

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Employment Discrimination

Author : Susan Grover
ISBN : 1611633087
Genre : Law
File Size : 42. 83 MB
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Students will be better prepared for professional life if they leave law school with an ability to conceptualize legal theory, a sensitivity to the contexts in which legal rules operate and a concrete understanding of the lawyer's role as a professional problem solver. While retaining the methods used in traditional legal education, this text uses numerous exercises designed to engage students beyond the realm of traditional legal reasoning and to develop a core skill set crucial to employment discrimination attorneys. Employment Discrimination: A Context and Practice Casebook asks students to view legal problems through different lenses, from the perspective of a plaintiff's lawyer, a judge, an in-house counsel, a defense attorney, a victim of discrimination, a person accused of discrimination, a human resources professional, and an employer. It helps students gain an understanding of what each of these individuals might consider in resolving a legal problem. The exercises' fact patterns involve both litigation and transactional contexts to help students understand the multi-faceted roles of employment discrimination attorneys. Perhaps most importantly, this book also tries to help students understand how the policy and theory underlying discrimination law affect the doctrine. The book contains numerous problems challenging students to question the underlying theory of American employment discrimination law and to consider how the law might work differently if it were based on a different set of theoretical assumptions. One of the highlights of the text is the Capstone Experience. The Capstone Experience gives students an opportunity to combine the theoretical, doctrinal, historical, and practical knowledge they have gained throughout the casebook and to use that knowledge to resolve real-world problems. The Capstone Experience provides five different exercises, each focusing on a different skill set. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the University of Arkansas at Little Rock Bowen School of Law.

Mastering Statutory Interpretation

Author : Linda D. Jellum
ISBN : 1611634563
Genre : Law
File Size : 32. 90 MB
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Mastering Statutory Interpretation explains the methods of interpreting statutes, including a discussion of the various theories and canons of interpretation. The book begins by exploring these theories and identifying the sources of meaning the theorists use to interpret statutes, including intrinsic, extrinsic, and policy-based. Throughout, the text uses the major cases in each area of study to explain how the canons work in practice. Finally, each chapter provides a concise roadmap and summary to introduce and encapsulate the most important material. The second edition adds one new chapter to address the administrative issues that faculty teaching legislation and regulation need, as well as a running hypothetical to help students better implement what they are learning. This book is part of the Carolina Academic Press Mastering Series edited by Russell L. Weaver, University of Louisville School of Law.

The International Encyclopedia Of Organizational Communication 4 Volume Set

Author : Craig Scott
ISBN : 9781118955604
Genre : Language Arts & Disciplines
File Size : 87. 27 MB
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The International Encyclopedia of Organizational Communication offers a comprehensive collection of entries contributed by international experts on the origin, evolution, and current state of knowledge of all facets of contemporary organizational communication. Represents the definitive international reference resource on a topic of increasing relevance, in a new series of sub-disciplinary international encyclopedias Examines organization communication across a range of contexts, including NGOs, global corporations, community cooperatives, profit and non-profit organizations, formal and informal collectives, virtual work, and more Features topics ranging from leader-follower communication, negotiation and bargaining and organizational culture to the appropriation of communication technologies, emergence of inter-organizational networks, and hidden forms of work and organization Offers an unprecedented level of authority and diverse perspectives, with contributions from leading international experts in their associated fields Part of The Wiley Blackwell-ICA International Encyclopedias of Communication series, published in conjunction with the International Communication Association

Evidence

Author : Pavel Wonsowicz
ISBN : 1594605211
Genre : Law
File Size : 55. 54 MB
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This casebook is designed to engage students with a wide range of learning styles and to explore evidence law from the eyes of an advocate. Through a problem-centered approach that focuses on the gray areas of the Federal Rules of Evidence, students will develop a heightened sensitivity to factual and legal arguments that govern the admissibility of evidence. This focus on legal argumentation allows students to actively cultivate an understanding of the legal doctrine behind the Federal Rules of Evidence as well as the role that facts and narrative play in legal reasoning. Exercises, visual aids, and video supplements in each chapter allow students to assess their learning.A single thread that runs through the book is video and case materials surrounding a North Carolina murder trial, State v. Peterson. The trial was memorialized in an award-winning documentary, The Staircase, directed by Jean-Xavier de Lestrade. The casebook follows the trial, including the strategies undertaken by counsel and the battles over evidentiary issues that shaped both sides' narratives in the trial. Video excerpts will be provided to the instructor to add a further dimension to student learning and to reach a broad array of learning styles.The Teacher's Manual will include pedagogical analysis, visual aids related to the text, questions and exercises designed to be used in or out of class, and video excerpts from The Staircase.This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law & Associate Dean for Faculty and Academic Development, Washburn University School of Law.

Global Workplace

Author : Roger Blanpain
ISBN : 9781454822615
Genre : Law
File Size : 58. 73 MB
Format : PDF, ePub
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The first casebook covering both international and comparative labor and employment law is characterized by its authorship by prolific, respected scholars, all of whom have taught law outside the United States. A solid conceptual framework compares national laws dealing with individual collective employment rights, including antidiscrimination law and privacy law, and considers the systems used to resolve labor and employment disputes in the context of international labor law. A sweeping coverage of international labor law considers the International Labour Organization, NAFTA and other bilateral trade agreements that include labor standards, and the European Union. In addition, The Global Workplace explores transnational corporations' self-regulatory efforts (or codes of conduct,) and the mechanisms for pursuing international labor standards in United States courts. Comparisons are drawn among the laws of the United States, Canada, Mexico, the United Kingdom, Germany, France, China, Japan and India. Exploring the similarities and the differences among various approaches to the employment relationship allows students to better understand and evaluate the approach each country takes, and helps them develop a normative approach to labor and employment law. National legal materials are presented within historical and cultural context. Hallmark features of The Global Workplace: International and Comparative Employment Law: First casebook covering both international and comparative labor and employment law Authorship o prolific, respected scholars o all of the authors have taught law outside the United States Conceptual framework o compares national laws dealing with individual collective employment rights o including antidiscrimination law and privacy law o considers the systems used to resolve labor and employment disputes in the context of international labor law Broad coverage of international labor law o International Labour Organization o NAFTA and other bilateral trade agreements that include labor standards o the European Union o comparison of the laws of the United States, Canada, Mexico, the United Kingdom, Germany, France, China, Japan and India o transnational corporations' self-regulatory efforts (or codes of conduct) o mechanisms for pursuing international labor standards in United States courts Explores the similarities and the differences among various approaches to the employment relationship o allows students to better understand and evaluate the approach each country takes o helps develop a normative approach to labor and employment law o national legal materials are contextualized with historical and cultural issues

Constitutional Law

Author : David S. Schwartz
ISBN : 1611635276
Genre : Law
File Size : 21. 82 MB
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This innovative casebook takes constitutional law beyond the realm of academic theory and enables students to approach the topic as practicing attorneys as well as legal thinkers. The classic cases are presented, but instructors also are given the opportunity to use practice problems, in-depth case studies, and non-case materials to explore the richness of constitutional decision making as it actually occurs in today's world. An array of ""the constitution outside the courts"" materials are provided, such as opinions from the Office of Legal Counsel, Congressional debates about judicial selection, and political science scholarship about judicial decision making.This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the University of Arkansas at Little Rock Bowen School of Law.

Work Law Cases And Materials 2015

Author : Marion G. Crain
ISBN : 9781632815392
Genre : Law
File Size : 28. 38 MB
Format : PDF
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The law of work has evolved as a patchwork of legal interventions in the labor market, sometimes by statute, and sometimes through the common law of judicial decisions. Most law school curricula divide the law of work into three topical areas--Labor Law, Employment Law, and Employment Discrimination--and offer separate courses in each area. Labor law in the United States is understood to encompass the study of the National Labor Relations Act, the law governing union organizing and collective bargaining. It is the law of collective rights at work. Employment law refers to the statutes and common law governing individual rights at work. It ranges from minimum standards legislation to judicially created doctrines based in tort and contract law. Employment discrimination law deals with the statutes and interpretative case law advancing the antidiscrimination norm in the workplace. These statutes address the problem of status discrimination at work (e.g., discrimination on the basis of race, sex, national origin, ethnicity, religion, disability, or sexual orientation). A comprehensive study of the law of work also provides an opportunity to assess critically what form enforcement of rights should take. Should conflicts between employers and employees be channeled into private resolution systems such as collective bargaining or contractual arbitration, or is the public interest sufficient to justify committing administrative, judicial and legislative resources to it? What is the significance of casting employee rights as collective--and therefore entrusting their enforcement to an employee representative such as a union--versus conceptualizing them as individual? Must such a collective representative be independent of the employer, or do employer-initiated employee committees further worker voice just as effectively? Doesn't history also warn of the risks of subordinating individual interests to those of the collective, particularly in the context of a diverse workforce with minority groups characterized by race, ethnicity or gender? Accordingly, the casebook is called " Work Law" and it endeavors to present basic materials on each system of labor market regulation. The book identies core themes of conflict and concern in the workplace, canvass the governing law, and offer a vantage point for assessment. Several themes furnish the organizing structure for the book. The book asks how law should mediate the perennial conflict between employer and employee rights; what difference it makes whether employee rights are conceptualized individually or collectively; what significance the increasing racial, ethnic, and gender diversity of the workforce should have for legal policy; whether dispute resolution systems should be privatized (via collective bargaining or individual contract) or remain in the public fora (courts and legislatures); and whether law is the most effective way to address interests of employers and employees (as contrasted, for example, with human resource practices, employer initiatives, or employee self-help measures). The book will be most useful in Employment Law courses that address the significance of conceptualizing rights at work individually as opposed to collectively. Its strength is its refusal to categorize the law of the workplace in doctrinal boxes that may be out-of-date by the time the book reaches maturity. The book adverts to Labor Law principles at a number of points throughout the book, but at a policy level rather than a doctrinal level, as a way of introducing and evaluating an alternative model of employee representation; the book does not assume any knowledge of Labor Law on the part of teacher or student and makes no effort to provide a satisfactory substitute for a Labor Law text. The book offers some detail in the law of Employment Discrimination but does so primarily with an eye toward surveying the field and assessing antidiscrimination regulation as a response to an increasingly diverse workforce, rather than providing an in-depth study of Employment Discrimination principles. The text surveys the existing legal landscape, but it does not stop there. Work Law is an exciting and intellectually stimulating practice area because it is of necessity in a constant state of flux, responding to labor market innovations. Flexibility in thinking is vital to this area of practice. The eBook versions of this title feature links to Lexis Advance for further legal research options.

Labor Law In The Contemporary Workplace

Author : Kenneth G. Dau-Schmidt
ISBN : 0314289364
Genre : Law
File Size : 20. 51 MB
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Labor Law in the Contemporary Workplace is organized around contemporary problems as a means of teaching the core principles of labor law. It prepares students for the practice of labor law in the contemporary workplace by introducing them to the principles of American labor law and many of the issues that labor law attorneys face. Although the primary focus of the book is the National Labor Relations Act, considerable attention is given to the Railway Labor Act and public-sector labor laws because of their growing relative importance in contemporary practice. The second edition takes account of changes in the law since the first edition was published and in particular new interpretations of the National Labor Relations Act by the National Labor Relations Board and recent state restrictions on public sector collective bargaining.

Employment Discrimination Law

Author : George Rutherglen
ISBN : 1599418126
Genre : Law
File Size : 50. 9 MB
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This book is intended as an introduction to the field of employment discrimination law, both at the abstract level of theory and at the concrete level of doctrine. It is as much an introduction for experienced lawyers and scholars who come to this field with a thorough knowledge of other aspects of the law as for law students who have just begun preparing for their careers. The new edition offers an up-to-date introduction to employment discrimination law: the major statutes, the current cases, the outstanding issues, and the competing policies in this field. The leading decisions of the Supreme Court receive a comprehensive analysis, in terms both of theory and doctrine, putting them in the context of the relevant statutory provisions and other judicial decisions. This book offers three different theoretical perspectives based on history, economics, and critical social theory to explain both the complexities and the tensions inherent in existing law.

Civil Procedure For All States

Author : Benjamin V. Madison
ISBN : 1594605106
Genre : Law
File Size : 28. 57 MB
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Civil Procedure for All States is unique in scope. No other casebook or textbook has sought to take the procedural doctrines that arise in the stages of a civil action and address them for each state. Each chapter describes the majority approach to a procedural doctrine, the significant minority approach, and those states that are peculiar in their approach. By taking this comprehensive approach, the book has been able to identify the common decision-making steps that a lawyer must take in handling any case, in any state. Thus, the book has the student-as-associate thinking through the questions that a seasoned litigator would consider at each stage. The student then applies the law of that student's jurisdiction to the problems that arise at each stage of a case. After resolving questions that sharpen the student's ability to deal with a given procedural issue, each chapter incorporates numerous questions that force the student to wrestle with matters of professionalism and ethics. This book is designed to follow the new Context and Practice Series. Books in the series will feature elements that recent studies of legal pedagogy (Best Practices in Legal Education and the Carnegie Foundation's Educating Lawyers) recommend as essential to improving law school teaching. First, the books will emphasize heavily the practical application of the legal doctrines addressed in each book. Students will be placed in the roles of practitioners handling simulated cases. They will apply the legal doctrines that they learn in the book in exercises that require them to perform tasks that lawyers actually perform. As the studies mentioned above underscore, teaching in this manner will serve more than one purpose. It will not only better prepare students for practice. It will show students the significance of the material they are learning by demonstrating the reality that they will be using these doctrines. Second, the C & P Series will also accomplish another primary goal of the Best Practices and Educating Lawyers studies. That goal is to engage students in professional identity formation so that, when they begin practicing, they will have a better idea of the kind of lawyers they want to be.

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