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Judicial Responses To The Eeoc's Failure To Attempt Conciliation, Michigan Law Review
Judicial Responses To The Eeoc's Failure To Attempt Conciliation, Michigan Law Review
Michigan Law Review
This Note suggests that a court faced with inadequate conciliation efforts by the EEOC should dismiss the action without prejudice. Part I argues that dismissal better serves the remedial purpose of the statute than summary judgment. Part II then demonstrates that dismissal satisfies the policy concerns of courts that dispose of inadequately conciliated suits. Although dismissal may not promote judicial efficiency as well as summary judgment, courts and the Commission can handle the dismissal to minimize duplication. Part III advances dismissal for failure to state a claim upon which relief can be granted as the appropriate procedural vehicle for disposing …
Statutory And Common Law Considerations In Defining The Tort Liability Of Public Employee Unions To Private Citizens For Damages Inflicted By Illegal Strikes, Michigan Law Review
Statutory And Common Law Considerations In Defining The Tort Liability Of Public Employee Unions To Private Citizens For Damages Inflicted By Illegal Strikes, Michigan Law Review
Michigan Law Review
This Note argues that in the absence of any clear indication that the legislature intended to bar such suits, courts should uphold private actions whenever plaintiffs can establish the elements of a common-law tort. Part I briefly outlines the various theories supporting the view that public sector collective bargaining statutes preempt private actions. The analysis is necessarily general, but Part I concludes that in most cases neither the language and structure of the applicable statute nor an analogy to federal labor law will resolve the preemption question. Part II, therefore, looks to the policies that animate no-strike provisions and argues …
Regulating America, Regulating Sweden: A Comparative Study Of Occupational Safety And Health Policy, Michigan Law Review
Regulating America, Regulating Sweden: A Comparative Study Of Occupational Safety And Health Policy, Michigan Law Review
Michigan Law Review
A Review of Regulating America, Regulating Sweden: A Comparative Study of Occupational Safety and Health Policy by Steven Kelman