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Global Issues in Employment Law
Samuel Estreicher and Miriam A. Cherry
This book is designed to facilitate the introduction of international, transnational, and comparative law issues into an employment law course. The chapters can be used in any combination and in any order. The book can be assigned or recommended as optional reading to supplement a domestic employment law course.
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Cases and Materials on Employment Discrimination and Employment Law
Samuel Estreicher and Michael C. Harper
Tracking the field as it is practiced by employment lawyers on both plaintiff and defense side, this book enables a one-semester treatment of the full range of employment discrimination laws as well as the core subjects of an employment law offering. It provides complete analysis of laws designed to protect individuals from employment decisions that affect them unfairly because of their race, color, sex, age, disability or other protected characteristic . Also considers the extent to which the law prevents employers from retaliating against employees for filing claims, reporting misdeeds or other activity that our society highly values or seeks to protect. Treats the common law of the employment relationship. Considers also the enactment of wage-hour, pension and other minimum terms laws to establish regulatory floors for private negotiation of employment contracts. Takes up the procedural design of regulatory systems for employment relationships and questions of coordination of multiple systems, including in-depth consideration of class actions, collateral estoppel and arbitration issues.
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Cases and Materials on Employment Law
Samuel Estreicher and Michael C. Harper
While growing out of our larger text on Employment Discrimination and Employment Law, this book is intended for use in a stand-alone, three-hour course in Employment Law. We cover the ranges of questions that a practitioner in employment law is likely to need to master in order competently to represent clients. This text addresses the threshold inquiry whether the relationship at issue is an employment relationship; the American rule on employment-at-will and its growing contract and tort exceptions; actions claiming retaliation under federal and state laws, and related claims for violation of public policy; privacy contentions in the workplace; minimum wage and overtime violations; employee benefits claims; post-employment restraints; and an integrated presentation of procedural systems and their coordination. In short, everything the employer lawyer should know, other than employment discrimination law and labor law, is treated in this book, and in a manner that develops the interrelationship of doctrines across bodies of law, and emphasizes issue of practical as well as theoretical import. The notes and questions that follow the principal readings are designed to expose the student to the emerging cutting-edge issues in the particular area. The note material is intended primarily as a teaching tool rather than as a vehicle for expressing our particular viewpoints. In this text, as in the first edition, we have not tried to reach complete consensus concerning the wording and the balance of each of our notes. Although each author offered close and extensive editing of all chapters, each chapter in this book was the primary responsibility of only one of the authors, and that author had the final authority to determine its contents.
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Global Issues in Employment Discrimination Law
Samuel Estreicher and Brian Landsberg
This casebook emphasizes primary materials (statutes, European Union directives, regulations, guidelines, and cases) that have been edited to facilitate classroom discussion. Accessible to both professors and law students, the primary material is enhanced by brief notes and questions. The book can be assigned or recommended as optional reading to supplement a domestic-only employment discrimination law course, or serve as the basis of a stand-alone seminar, to advance the students' understanding of their own system and the kinds of issues they will face in an era of globalization.
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Employment Law
Samuel Estreicher and Gillian Lester
This textbook is a one-volume treatment of the basic analytical structure and legal policy issues informing U.S. employment law. The full range of the subject matter is examined with chapters on defining employees (as opposed to independent contractors), employment contracts, employment torts, workplace privacy, post-termination restraints and workplace intellectual property issues, employee benefits, wage-hour laws, occupational safety, workers' compensation, and unemployment compensation.
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Contracts: Cases and Materials
E. Allan Farnsworth, William F. Young, Carol Sanger, Neil B. Cohen, and Richard R. W. Brooks
The course in Contracts serves at least two purposes. It is a law school’s first course in commercial law, and so provides the foundation for advanced offerings in the area, and ultimately for professional practice. It has also a more ambitious function, for teachers have long believed—rightly, we think—that contract law is exceptionally well suited to the development of a “legal mind”: respect for sources, skepticism of loose generalizations, and disciplined creativity in the use of legal materials. Judicial opinions are the major component of this casebook and are intended as the primary vehicle for instruction. But they are not the only vehicle. The book also features relevant statutes (notably parts of the Uniform Commercial Code), and formulations of the common law expressed in the Restatement of Contracts. To facilitate understanding, we have provided commentaries at various points, especially at the outset of a chapter or section. A number of principal cases are preceded by “Introductions” that provide settings for the cases in history, in law, in commerce, and the like. At appropriate points the book include perspective on some major categories of transactions, such as family agreements, real-estate transactions, and sales of good. Some topics are presented largely in text, especially those dominated by legislation or by commercial practice. Through notes and problems, students are provided with texts of their understanding, opportunities for reflection, connections among principles and cases, and sometimes with sidelights. Students are asked repeatedly how litigation might have been prevented by skillful counseling or drafting. The book contains an array of questions about competing policies, and of opinions about them. These, we believe, are essential to an understanding of the law of contracts, as of other bodies of law. We have sought to avoid pressing on readers our individual conceptions of broad social policy.
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Civil Procedure
Jack H. Friedenthal and Arthur R. Miller
This book provides a comprehensive analysis of civil procedure, convenient for class or exam preparation. It provides clear and concise explanations of legal concepts and terms, along with exam hints, strategies, mnemonics, charts, tables, and study tips. It includes self-testing and diagnostic review questions and case squibs, which are capsule summaries of significant cases identifying important facts, primary issues, and relevant law. It also provides a casebook table, which keys to relevant pages of leading casebooks, and numerous essay and multiple-choice questions with model answers and detailed explanations. A study guide offers suggestions for the critical hours before an exam.
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Civil Procedure: Cases and Materials
Jack H. Friedenthal, Arthur R. Miller, John E. Sexton, and Helen Hershkoff
The revised ninth edition of this popular casebook fully reflects the restyled Federal Rules of Civil Procedure and covers important new Supreme Court cases on pleading, federal jurisdiction, summary judgment, and due process. The revised edition integrates and does not simply add recent decisions, including Bell Atlantic, Flowers, and Grable. The cases are carefully edited and followed by notes and questions. This revised edition also treats the latest electronic discovery amendments and addresses significant developments in class-action practice. As has been the practice with all of the past editions, the casebook offers a substantial emphasis on the operation of the Federal Rules of Civil Procedure, but also draws comparisons with state and international practice. Because courses in civil procedure vary greatly as to the hours allotted, we have designed and revised this casebook for maximum flexibility in terms of an individual classroom's coverage, depth, sensibility, and emphasis. The casebook is accompanied by an up-to-date Supplement that includes not only the federal statutes and rules governing procedure, but also comparative state provisions. A number of other materials, such as Advisory Committee notes, proposed rule alternatives, and local court rules, also are included. The Supplement contains, as well, a litigation time chart and an illustrative problem, showing how a case develops in practice and samples of the documents that actually might have formed a portion of the record
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Tort Law: The Essentials
Mark A. Geistfeld
Tort Law: The Essentials is part of Aspen’s new Essentials Series, which takes a “forest rather than the trees” approach by first exposing students to the subject as a whole before delving deeply into individual legal rules. This insightful paperback concentrates on the fundamentals and uses an informal, personal style to explain the essential concepts and doctrines of tort law. Suitable for use with any casebook, this resource will help students recognize and understand how common themes enhance their ability to comprehend doctrinal issues. Written by Mark Geistfeld, a nationally known and respected authority in torts and products liability, this exceptional text: explains the historical development of tort law, showing students how the law has evolved and why it has become so politicized; develops the important concepts, giving students the analytical tools they need to grasp the fundamental aspects of tort law; presents the essential doctrines, including intentional torts, negligence, strict liability, and damages in a clear, to-the-point manner that eliminates the need for students to seek out the black-letter rules from commercial outlines. No matter which casebook you use in your classroom, you will find Tort Law: The Essentials to be an excellent choice for your students. Once you examine a copy of this outstanding paperback, you will not hesitate to require or recommend it.
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Regulation of Lawyers: Statutes and Regulations
Stephen Gillers and Roy D. Simon
Prior edition of Regulation of Lawyers: Statutes and Regulations (Concise ed).
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Regulation of Lawyers: Statutes and Regulations
Stephen Gillers and Roy D. Simon
No matter which casebook you use for your professional responsibility course, this highly-regarded supplement is the ideal source for the latest rules regulating the behavior of lawyers and judges. To ensure timely coverage of the most up-to-the-minute developments, be sure to add Regulation of Lawyers: Statutes and Standards, 2008 Edition to your teaching tools. This 2008 Edition offers: Completely up-to-date ABA Model Rules; Federal statutes and regulations; California, New York, and District of Columbia materials; Restatement of the Law Governing Lawyers.
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Trial Manual for Defense Attorneys in Juvenile Court
Randy A. Hertz, Martin Guggenheim, and Anthony G. Amsterdam
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An Optimistic Heart: What Great Universities Can Give Their Students...and the World
Jeffrey S. Lehman
Jeffrey Sean Lehman used his voice as Cornell University's eleventh president to stimulate reflection on deeply important issues. Whether speaking to students and parents, to his faculty colleagues, or to alumni, he asked his listeners to join him in a shared exploration of questions without clear answers. This volume presents some of President Lehman's most thought-provoking speeches in a three-part collection. The first set of speeches addresses students, either as they begin college or as they graduate. Drawing on resources as varied as The Big Lebowski, Sophocles, John Keats, Kurt Vonnegut, and "The Simpsons," Lehman guides his listeners to engage with one another and with the moral dilemmas of modern life. The second set of speeches concerns Cornell itself. Lehman calls upon his listeners to engage in the project of renewing their "revolutionary and beloved" university. He builds on their response to that call to formulate an agenda through which Cornell might most effectively deploy its distinctive intellectual resources. The third set of speeches addresses Cornell's response to several difficult challenges confronting humanity in the twenty-first century. The subjects are daunting: integration, globalization, life in the age of the genome, wisdom in the age of digital information, and sustainability in the age of development. In each case, however, one encounters Lehman's characteristic humor, his optimism, and his enduring faith in the power of humanism and science working together. In a concluding chapter, President Lehman reflects on the speeches in this volume -- what worked and what didn't -- and on the more general question of how to prepare a speech that holds an audience's attention as it explores a complex subject.
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The Common Law in Colonial America
William E. Nelson
William E. Nelson here proposes a new beginning in the study of colonial legal history. Examining all archival legal material for the period 1607-1776 and synthesizing existing scholarship in a four-volume series, The Common Law in Colonial America shows how the legal systems of Britain's thirteen North American colonies--initially established in response to divergent political, economic, and religious initiatives--slowly converged into a common American legal order that differed substantially from English common law. Drawing on groundbreaking and overwhelmingly in-depth research into local court records and statutes, the first volume explores how the law of the Chesapeake colonies--Virginia and Maryland--diverged sharply from the New England colonies--Massachusetts Bay, Connecticut, New Haven, Plymouth, and Rhode Island--and traces the roots of these dissimilarities from their initial settlement until approximately 1660. Nelson pointedly examines the disparate motives of the legal systems in the respective colonies as they dealt with religion, price and labor regulations, crimes, public morals, the status of women, and the enforcement of contractual obligations. He reveals how Virginians' zeal for profit led to a harsh legal framework that efficiently squeezed payment out of debtors and labor out of servants; whereas the laws of Massachusetts were primarily concerned with the preservation of local autonomy and the moral values of family-centered farming communities. The law in the other New England colonies, Nelson argues, gravitated towards the Massachusetts model, while Maryland's law, gravitated toward that of Virginia. Comprehensive, authoritative, and extensively researched, The Common Law in Colonial America, Volume 1: The Chesapeake and New England, 1607-1660 is the definitive resource on the beginnings of the common law and its evolution during this vibrant era in America's history. William E. Nelson here proposes a new beginning in the study of colonial legal history.
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Environmental Law and Policy: Problems, Cases, and Readings
Richard L. Revesz
This casebook emphasizes both the basic building blocks of environmental policy and the structure and details of the federal environmental statutes. It focuses the attention of students on how the tradeoffs between environmental goals and other social goals are resolved in the different and difficult contexts. The book pays especially close attention to the political context in which regulation takes place, looking at the impact of our federal system of government, the role of administrative agencies in the regulatory process, and the impact of interest groups. The book makes a concerted effort to introduce comparative perspectives, looking, where appropriate, at state programs, and comparable regulatory regimes in the European Union and the international community. It also focuses on the current efforts to regulate greenhouse gases under the Clean Air Act. The casebook has substantial introductions and extensive notes and questions designed to guide the classroom discussion. In the chapters focusing on environmental policy, it also includes some substantial excerpts from academic articles. In the other chapters, the principal academic perspectives are introduced in the notes and questions.
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Retaking Rationality: How Cost-Benefit Analysis Can Better Protect the Environment and Our Health
Richard L. Revesz and Michael A. Livermore
That America's natural environment has been degraded and despoiled over the past 25 years is beyond dispute. Nor has there been any shortage of reasons why-short-sighted politicians, a society built on over-consumption, and the dramatic weakening of environmental regulations. In Retaking Rationality, Richard Revesz and Michael Livermore argue convincingly that one of the least understood-and most important-causes of our failure to protect the environment has been a misguided rejection of reason. The authors show that environmentalists, labor unions, and other progressive groups have declined to participate in the key governmental proceedings concerning the cost-benefit analysis of federal regulations. As a result of this vacuum, industry groups have captured cost-benefit analysis and used it to further their anti-regulatory ends. Beginning in 1981, the federal Office of Management and Budget and the federal courts have used cost-benefit analysis extensively to determine which environmental, health, and safety regulations are approved and which are sent back to the drawing board. The resulting imbalance in political participation has profoundly affected the nation's regulatory and legal landscape. But Revesz and Livermore contend that economic analysis of regulations is necessary and that it needn't conflict with-and can in fact support-a more compassionate approach to environmental policy. Indeed, they show that we cannot give up on rationality if we truly want to protect our natural environment. Retaking Rationality makes clear that by embracing and reforming cost-benefit analysis, and by joining reason and compassion, progressive groups can help enact strong environmental and public health regulation.
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International Human Rights in Context: Law, Politics, Morals: Text and Materials
Henry J. Steiner, Philip G. Alston, and Ryan Goodman
This widely acclaimed interdisciplinary coursebook presents a diverse range of carefully edited primary and secondary materials alongside extensive text, editorial commentary, and study questions. International Human Rights in Context, Third Edition, thoroughly covers the basic characteristics of international law; evolution of the human rights movement; civil, political, economic, and social rights; the humanitarian laws of war; globalization; self-determination; women's rights; universalism and cultural relativism; intergovernmental and nongovernmental institutions; implementation and enforcement; internal application of human rights norms; and the spread of constitutionalism. Extensively revised and restructured, this third edition incorporates new themes and topics including human rights in relation to terrorism and national security; responsibility of non-state actors for human rights violations; recent substantial changes in sources and processes of international law; achieved and potential reform within UN human rights institutions; and theories about international organizations and their influence on state behavior. It is also accompanied by a website housing the Annex of Documents. Its scope, challenging enquiries, and clarity make International Human Rights in Context, Third Edition, an indispensable resource for human rights students, scholars, advocates, and practitioners alike.
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Releasing Prisoners, Redeeming Communities: Reentry, Race, and Politics
Anthony C. Thompson
In the middle of the first decade of the twenty-first century, African Americans made up approximately twelve percent of the United States population but close to forty percent of the United States prison population. Now, in the latter half of the decade, the nation is in the midst of the largest multi-year discharge of prisoners in its history. In Releasing Prisoners, Redeeming Communities, Anthony C. Thompson discusses what is likely to happen to these ex-offenders and why. For Thompson, any discussion of ex-offender reentry is, de facto, a question of race. After laying out the statistics, he identifies the ways in which media and politics have contributed to the problem, especially through stereotyping and racial bias. Well aware of the potential consequences if this country fails to act, Thompson offers concrete, realizable ideas of how our policies could, and should, change.
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Parliamentary Recklessness: Why We Need to Legislate More Carefully
Jeremy Waldron
The inaugural Annual John Graham Lecture was delivered on Monday, 28 July 2008, at the Heritage Hotel in Auckland.
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Toleration and Its Limits
Melissa S. Williams and Jeremy Waldron
Toleration has a rich tradition in Western political philosophy. It is, after all, one of the defining topics of political philosophy--historically pivotal in the development of modern liberalism, prominent in the writings of such canonical figures as John Locke and John Stuart Mill, and central to our understanding of the idea of a society in which individuals have the right to live their own lives by their own values, left alone by the state so long as they respect the similar interests of others. Toleration and Its Limits, the latest addition to the NOMOS series, explores the philosophical nuances of the concept of toleration and its scope in contemporary liberal democratic societies. Editors Melissa S. Williams and Jeremy Waldron carefully compiled essays that address the tradition's key historical figures; its role in the development and evolution of Western political theory; its relation to morality, liberalism, and identity; and its limits and dangers. Contributors: Lawrence A. Alexander, Kathryn Abrams, Wendy Brown, Ingrid Creppell, Noah Feldman, Rainer Forst, David Heyd, Glyn Morgan, Glen Newey, Michael A. Rosenthal, Andrew Sabl, Steven D. Smith, and Alex Tuckness.
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Ethical Problems in Federal Tax Practice
Bernard Wolfman, Deborah H. Schenk, and Diane Ring
The “old authors,” Bernard Wolfman and Deborah Schenk, are delighted to welcome Diane Ring as a co-author, not only because of her acumen and writing skills but also because she pulled the laboring oar on this edition. This is also an appropriate time to acknowledge our deep gratitude to Jim Holden, who was a co-author of the first three editions. Jim is a towering member of the tax bar and an expert in professional responsibility issues as they arise in tax practice. He is widely viewed as a conscience of the practicing tax bar. This edition draws heavily on the prior editions and Jim’s contributions to those earlier editions have continued to shape our work. It has been over a decade since the last edition and much has happened since then. The ABA’s Model Rules of Professional Conduct have been adopted by most states as the basis for regulating lawyer conduct within their borders and have been amended several times. As law firms have expanded and become global entities, the ethical problems faced by lawyers have taken on new dimensions and become ever more complex. After a relative period of quiet, tax shelters, particularly those used by corporations, have become a significant issue again. It has become increasingly apparent that lawyers have played an important role in designing and marketing shelters, as well as issuing opinion letters designed to protect clients from penalties. As a result the Internal Revenue Service has shifted its focus somewhat to target attorneys. The Treasury Department’s efforts to regulate tax practice through Circular 230 were met with a storm of criticism and many disagreements continue. Finally, the last decade has seen a large number of accounting and financial scandals, as well as the implosion of major corporations and accounting firms. Repeatedly commentators have asked, “Where were the lawyers?” We have designed this book to provide a framework and a source of materials for the study of the ethical problems that a lawyer faces in federal tax practice. It has evolved from our experience in teaching this subject and in our tax practice activity as well. We are convinced that that the prism of tax practice is a useful one through which to explore the most practical as well as the most abstract and philosophical of ethical concerns. We find that a professional responsibility course taught from this focus can provide insights that are peculiar to tax practice. Two of us have offered a course in Ethical Problems in Tax Practice that satisfies the ABA mandate that all law students take a course in professional responsibility. One of us has taught a more specialized course to those pursuing an LLM in tax. Those who have taught from the book before will find that the basic structure of this edition follows the earlier editions, although much material is new, and there has been some reorganization. Throughout the book we have maintained the underlying theme of role differentiation that brings to the fore the somewhat differing standards that govern the tax lawyer as advocate from those that govern the tax lawyer as advisor. This reflects the approach taken by the Model Rules, which has standards of conduct that are not quite the same for advisor and advocate. Following an introductory chapter that provides a general professional and philosophical perspective, there are four chapters that study the tax lawyer in his performance of the four overlapping roles that he commonly plays. The next chapter examines the special issues the tax lawyer confronts in government and as the lawyer for an entity. The final chapter turns to the business of the profession. The materials that we have included are not exhaustive. Every student should acquire a copy of the Model Rules of Professional Conduct (and perhaps the ethical rules that are effective in the state in which he or she will practice). Students will find other helpful materials in the Appendix. A useful reference work is Standards of Tax Practice (Wolfman, Holden and Harris 6th ed.), published by Tax Analysts.
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Cases, Problems, and Materials on Bankruptcy
Barry E. Adler, Douglas G. Baird, and Thomas H. Jackson
There have been two important developments in the world of bankruptcy since the publication of the Revise Third Edition. The first is the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which imposes a means test on individual debtors ion bankruptcy and tinkers with the rules that govern small business debtors. The second development is not new bankruptcy law, but a significant change in bankruptcy practice. In recent years, the secured creditor has increasingly come to dominate the Chapter 11 reorganization process, usurping the traditional role of prebaunkruptcy management as the debtor in possession. These developments, along with some important recent cases, are the main subjects of the material added in this edition. Nevertheless, bankruptcy remains a domain with coherent principles that unite it. Focusing on these principles should prepare you for whatever you encounter, regardless when or in what form new bankruptcy legislation comes to us.
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Buying Freedom: The Ethics and Economics of Slave Redemption
Kwame Anthony Appiah and Martin Bunzl
If “slavery” is defined broadly to include bonded child labor and forced prostitution, there are upward of 25 million slaves in the world today. Individuals and groups are freeing some slaves by buying them from their enslavers. But slave redemption is as controversial today as it was in pre-Civil War America. In Buying Freedom, Kwame Anthony Appiah and Martin Bunzl bring together economists, anthropologists, historians, and philosophers for the first comprehensive examination of the practical and ethical implications of slave redemption. While recognizing the obvious virtue of the desire to buy the freedom of slaves, the contributors ask difficult and troubling questions: Does redeeming slaves actually increase the demand for—and so the number of—slaves? And what about cases where it is far from clear that redemption will improve the material condition, or increase the real freedom, of a slave? Buying Freedom includes essays by the editors and by Dean Karlan and Alan Krueger, Carol Ann Rogers and Kenneth Swinnerton, Arnab Basu and Nancy Chau, Stanley Engerman, Jonathan Conning and Michael Kevane, Jok Madut Jok, Ann McDougall, Lisa Cook, Margaret Kellow, John Stauffer, and Howard McGary.
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Workplace Discrimination, Privacy and Security in an Age of Terrorism
Matthew Bodie and Samuel Estreicher
The waves rippling out from the attacks of September 11, 2001 have touched the U.S. workplace profoundly. From policy-driven rationales for discrimination to marked increases in workers’ emotional disorders, the entire fabric of employment in the U.S. bristles with a web of unprecedented legal issues. Dealing with a wide range of these important and troubling matters, this remarkable book offers seventeen insightful evaluations of some of the core relevant concerns, including the following: workplace discrimination in the context of the war on terror; profiling based on nationality; English-only rules; protections provided to immigrant workers; “enemy combatant” designation; electronic information generated about employees; monitoring electronic mail; military leaves of absence; vulnerability to labor strikes in an age of terror; efforts to limit labor’s freedom of association based on security-related arguments; impact of national security concerns on federal government employees; employee assistance programs; mental injuries such as post-traumatic stress disorder; and workers’ stress in the context of federal workplace statutes. As workers, firms, and governments adapt to the new environment of global insecurity, this book will prove invaluable to all professionals engaged in ensuring the economic health of the U.S. workplace. These papers are sure to provide practitioners, agencies, and academics with a clearly outlined starting point for the debates to come.
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