Michael Harper

Boston University - School of Law

765 Commonwealth Avenue

Boston, MA 02215

United States

SCHOLARLY PAPERS

13

DOWNLOADS

810

SSRN CITATIONS

0

CROSSREF CITATIONS

2

Scholarly Papers (13)

1.

Focusing the Multifactor Test for Employee Status: The Restatement's Entrepreneurial Formulation

Boston Univ. School of Law, Public Law Research Paper No. 15-51
Number of pages: 16 Posted: 31 Oct 2015 Last Revised: 21 Nov 2015
Michael Harper
Boston University - School of Law
Downloads 188 (190,595)

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definition of employee, employee status, Restatement of Employment, employment relationship, multifactor tests

2.

Reforming the Age Discrimination in Employment Act: Proposals and Prospects

Employee Rights and Employment Policy Journal, Vol. 16, No. 1, 2012, Boston Univ. School of Law, Public Law Research Paper No. 12-57
Number of pages: 21 Posted: 07 Feb 2013
Michael Harper
Boston University - School of Law
Downloads 149 (232,340)

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age discrimination, ADEA, disparate impact, opt-in class actions, employment discrimination causation, statistical discrimination, probationary employment

3.

Distinguishing Disparate Treatment from Disparate Impact; Confusion on the Court

Boston University Law Review, Vol. 96, 2016, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 15-52
Number of pages: 26 Posted: 31 Oct 2015 Last Revised: 21 Nov 2015
Michael Harper
Boston University - School of Law
Downloads 138 (247,271)

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disparate treatment, disparate impact, Title VII, pregnancy discrimination, religious discrimination, intentional discrimination, Supreme Court inconsistency

4.

Using the Anglo-American Respondeat Superior Principle to Assign Responsibility for Worker Statutory Benefits and Protections

Boston Univ. School of Law, Public Law Research Paper
Number of pages: 85 Posted: 13 Nov 2017
Michael Harper
Boston University - School of Law
Downloads 50 (454,477)

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employee versus independent contractor, British employment law, respondeat superior, joint employment, digital platform workers

5.

Fashioning a General Common Law for Employment in an Age of Statutes

Boston Univ. School of Law, Public Law Research Paper No. 14-64
Number of pages: 63 Posted: 19 Oct 2014 Last Revised: 29 Oct 2014
Michael Harper
Boston University - School of Law
Downloads 50 (454,477)

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federal common law, employment law, Restatement of Employment Law, general common law

6.

Class-Based Adjudication of Title VII Claims in the Age of the Roberts Court

Boston Univ. School of Law, Public Law Research Paper No. 15-09
Number of pages: 40 Posted: 12 Feb 2015 Last Revised: 05 Mar 2015
Michael Harper
Boston University - School of Law
Downloads 47 (466,460)

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Title VII class actions, Rule 23, predispute arbitration agreements, Federal Arbitration Act, Wal-Mart v. Dukes, class actions, Title VII arbitration, Italian Colors, class-based arbitration

7.

First Amendment Protection for Union Appeals to Consumers

Wisconsin Journal of Law, Gender & Society, Vol. XXVII, No. 2, Summer 2012, Boston Univ. School of Law, Public Law Research Paper No. 12-56
Number of pages: 18 Posted: 05 Feb 2013
Michael Harper
Boston University - School of Law
Downloads 41 (492,328)

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consumer boycotts, secondary consumer appeals, secondary boycotts, first amendment protection of union appeals, ยง 8(b)(4)(ii)(B), freedom of speech, handbilling, picketing, National Labor Relations Board

8.

The Causation Standard in Federal Employment Law: Gross v. FBL Financial Services, Inc., and the Unfulfilled Promise of the Civil Rights Act of 1991

Buffalo Law Review Vol. 58, No. 1, Boston Univ. School of Law, Public Law Research Paper No. 10-47
Number of pages: 41 Posted: 07 Feb 2013
Michael Harper
Boston University - School of Law
Downloads 39 (501,350)

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causation, 1991 Act, pretext proof, motivating cause, but-for cause, ADEA, mixed motive case, Title VII, Gross, Desert Palace

9.

Retaliatory Capital Allocation or Defensive Dual Sourcing; the Boeing Dreamliner Case

Boston Univ. School of Law, Public Law Research Paper No. 14-63, Boston Univ. School of Law, Law and Economics Research Paper No. 14-63
Number of pages: 19 Posted: 19 Oct 2014 Last Revised: 27 Jan 2015
Michael Harper
Boston University - School of Law
Downloads 32 (535,768)

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10.

A New Board Policy on Deferral to Arbitration: Acknowledging and Delimiting Union Waiver of Employee Statutory Rights

FIU Law Review, Vol. 5, No. 2, Spring 2010, Boston Univ. School of Law, Public Law Research Paper No. 10-46
Number of pages: 18 Posted: 07 Feb 2013
Michael Harper
Boston University - School of Law
Downloads 22 (595,590)

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Board deferral, board deference, waiver of NLRA rights, deferral to arbitration, deferral of statutory rights, NLRB, arbitration, deference, Penn Plaza

11.

Judicial Control of the National Labor Relations Board's Lawmaking in the Age of Chevron and Brand X

Boston University Law Review, Vol. 89, No. 1, 2009, Boston Univ. School of Law, Public Law Research Paper No. 09-53
Number of pages: 34 Posted: 07 Feb 2013
Michael Harper
Boston University - School of Law
Downloads 20 (608,901)

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Chevron, judicial review, National Labor Relations Board, Labor Board policymaking, administrative discretion, arbitrary or capricious, statutory construction, Weingarten rights, graduate student employees, joint employer bargaining units, supervisors

12.

Eliminating the Need for Caps on Title VII Damage Awards: The Shield of Kolstad v. American Dental Association

New York University Journal of Legislation and Public Policy, Vol.14, No. 2, 2011, Boston Univ. School of Law, Research Paper No. 11-60
Number of pages: 18 Posted: 07 Feb 2013
Michael Harper
Boston University - School of Law
Downloads 19 (615,594)

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Title VII caps, punitive damages, Kolstad, Civil Rights Act of 1991, good faith defense

13.
Downloads 15 (643,247)

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joint employment, employer liablity, respondeat superior, Title VII liability, NLRA liability, FLSA liability