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Article
Publication date: 18 May 2010

Ilene V. Goldberg and Ira Sprotzer

The specific purpose of this paper is to research the relevant case law with regard to the legality of retaliation for workplace discrimination claims.

Abstract

Purpose

The specific purpose of this paper is to research the relevant case law with regard to the legality of retaliation for workplace discrimination claims.

Design/methodology/approach

The methodology employed is traditional legal research and analysis.

Findings

This paper examines standards for proving retaliation, along with the impact of recent US Supreme Court decisions on employers and employees.

Research implications/implications

The research provides a framework for evaluating retaliation claims.

Originality/value

This research is of value to both employers and employees in deciding the standards for proving a retaliation claim.

Details

International Journal of Law and Management, vol. 52 no. 3
Type: Research Article
ISSN: 1754-243X

Keywords

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Article
Publication date: 20 March 2009

Ira Sprotzer and Ilene Goldberg

The specific purpose of this paper is to research the relevant case law with regard to the constitutionality of generic advertising, i.e. “check‐off” programs, when they…

Abstract

Purpose

The specific purpose of this paper is to research the relevant case law with regard to the constitutionality of generic advertising, i.e. “check‐off” programs, when they are required by state or federal legislation.

Design/methodology/approach

The methodology employed is traditional legal research and analysis.

Findings

The research indicates that although there have been various US Supreme Court cases which address the issue, the law in the USA is still in a state of flux regarding the constitutionality of check‐off programs. Determination of the constitutionality of a specific program is dependent upon the scope of the legislation.

Research limitations/implications

The paper provides a starting point for those interested in the study of this type of advertising, which is becoming increasingly popular in the USA.

Originality/value

This paper is of value to both legislative bodies and producers in deciding the constitutionality of a check‐off program. Specifically it would be of use to a legislative body when determining how to design a constitutional “check‐off” program and to a producer in determining if a specific “check‐off” program is constitutional.

Details

International Journal of Law and Management, vol. 51 no. 2
Type: Research Article
ISSN: 1754-243X

Keywords

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Article
Publication date: 9 March 2015

Ilene Goldberg

This paper aims to discuss key provisions of the Affordable Care Act (ACA) and the obstacles faced by the federal government in achieving its goal. The ACA is designed to…

Abstract

Purpose

This paper aims to discuss key provisions of the Affordable Care Act (ACA) and the obstacles faced by the federal government in achieving its goal. The ACA is designed to provide most Americans with an access to affordable health care.

Design/methodology/approach

Using data obtained from government sources, case law and current literature, the paper first discusses the history and background of the ACA. It evaluates the law’s current status, the benefits it achieved and the legal, economic, political and social challenges that lie ahead.

Findings

Although the Supreme Court upheld most of the ACA’s provisions, opponents at the federal and state level are still attempting to overturn or undercut it. The ACA itself is so complicated that it has generated confusion among employers, consumers and even those who are charged with enforcing it. The extent to which the ACA can be successfully implemented is unclear, and adjustments must be made as the federal government struggles to implement key components.

Originality/value

This paper should be of interest to academics, health-care and legal professionals, and to anyone who needs clarification and analysis of a still-evolving law that is certain to have an impact on most Americans.

Details

International Journal of Law and Management, vol. 57 no. 2
Type: Research Article
ISSN: 1754-243X

Keywords

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