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Articles 1 - 28 of 28
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The Guarantees Of Laborers To Terminate Work Contract For Technical And Economic Reasons Under Palestinian Law: A Comparative Study, Ibrahem Yahya, Mr. Amr Saabneh
The Guarantees Of Laborers To Terminate Work Contract For Technical And Economic Reasons Under Palestinian Law: A Comparative Study, Ibrahem Yahya, Mr. Amr Saabneh
UAEU Law Journal
This research deals with the guarantees of the employee while the Palestinian legislator authorized the employer to terminate the labor contract for technical and economic reasons "loss". This research discusses these guarantees for the legitimate reasons have been regulated under article 41 of the Palestinian Labor Law .This research aims at clarifying the reasonable criterions For the technical reason to make a balance between the conflicting interests between the employer and the employee, as well as the adoption of the criterion of "extraordinary event" in the loss, in order to achieve a guarantee of the employee in light of the …
Contracts In The Field Of Sports: Some Issues Of Their Regulation, Anvar Raхmatov
Contracts In The Field Of Sports: Some Issues Of Their Regulation, Anvar Raхmatov
Review of law sciences
This article discusses the types of contracts concluded in the field of sports, including those stipulated and not provided for by the legislation of the Republic of Uzbekistan. Provides information on labor and civil contracts concluded between athletes and sports organizations.
Trouble Behind The Great Wall: A Critical Look At Workers’ Rights In China., Scott Walther
Trouble Behind The Great Wall: A Critical Look At Workers’ Rights In China., Scott Walther
The Scholar: St. Mary's Law Review on Race and Social Justice
Globalization has allowed large multinational corporations to shop for low cost labor markets with little intervention by governments. These markets are attractive to multinational corporations because their labor standards and laws tend to be poorly regulated and enforced. Specifically, China’s labor class has been abused and exploited by multinational corporations because of the country’s failure to adequately enforce its labor laws. Turning a blind eye to the violations of workers’ rights in China makes these corporations just as culpable by demanding more from the local manufacturers then evading responsibility for the resulting working conditions. Because multinational corporations do business with …
Compulsory Employment Arbitration And The Eeoc, Richard A. Bales
Compulsory Employment Arbitration And The Eeoc, Richard A. Bales
Pepperdine Law Review
No abstract provided.
Beyond The Sail: The Eleventh Circuit's Thomas Decision And Its Ineffectual Impact On The Life, Work, And Legal Realities Of The Cruise Industry's Foreign Employees, Justin Samuel Wales
Beyond The Sail: The Eleventh Circuit's Thomas Decision And Its Ineffectual Impact On The Life, Work, And Legal Realities Of The Cruise Industry's Foreign Employees, Justin Samuel Wales
University of Miami Law Review
No abstract provided.
Supreme Court Without A Clue: 14 Penn Plaza Llc V. Pyett And The System Of Collective Action And Collective Bargaining Established By The National Labor Relations Act, Kenneth M. Casebeer
Supreme Court Without A Clue: 14 Penn Plaza Llc V. Pyett And The System Of Collective Action And Collective Bargaining Established By The National Labor Relations Act, Kenneth M. Casebeer
University of Miami Law Review
No abstract provided.
Solomon And Strikes: Labor Activity, The Contract Doctrine Of Impossibility Or Impracticability Of Performance, And Federal Labor Policy, Daniel P. O'Gorman
Solomon And Strikes: Labor Activity, The Contract Doctrine Of Impossibility Or Impracticability Of Performance, And Federal Labor Policy, Daniel P. O'Gorman
Hofstra Labor & Employment Law Journal
No abstract provided.
Employer Reputation At Work, Samuel Estreicher
Employer Reputation At Work, Samuel Estreicher
Hofstra Labor & Employment Law Journal
Employer reputational costs - that is, the loss in value of the firm's reputational assets if the firm reneges on its promises to workers, both express and implied, - has played an important role in the economic literature of employment contracts, but this factor has itself generated little sustained analysis. Reputation is often offered as a late-appearing deus ex machina explaining why opportunistic behavior by employers even in internal labor markets is likely to be relatively unimportant. This standard explanation for the enforceability of implicit labor contracts in internal labor markets is problematic for at least three reasons. It assumes …
Sticky Expectations: Responses To Persistent Over-Optimism In Marriage, Employment Contracts, And Credit Card Use, Sean Hannon Williams
Sticky Expectations: Responses To Persistent Over-Optimism In Marriage, Employment Contracts, And Credit Card Use, Sean Hannon Williams
Notre Dame Law Review
Most people underestimate the likelihood that they will experience negative events and overestimate the likelihood that the law will protect them if those events occur. Many of these mispredictions are highly resistant to change even in the face of accurate and available information. This Article illustrates the consequences of these “sticky” expectations using examples from marriage, employment, and credit card regulation. In each of these areas, erroneous expectations create costs. The largest and most common cost is the failure to adequately self-insure against future negative events like divorce, job loss, or high debt. But proposals for correcting irrational expectations can …
Workplace Romance And The Economic Duress Of Love Contract Policies, Ian J. Silverbrand
Workplace Romance And The Economic Duress Of Love Contract Policies, Ian J. Silverbrand
Villanova Law Review
No abstract provided.
A Subjective Approach To Contracts?: How Courts Interpret Employee Handbook Disclaimers, Natalie Bucciarelli Pedersen
A Subjective Approach To Contracts?: How Courts Interpret Employee Handbook Disclaimers, Natalie Bucciarelli Pedersen
Hofstra Labor & Employment Law Journal
Although employment law in America generally operates under the presumption that employment for an unspecified term is at-will, recently courts have been creating exceptions to this rule in order to afford employees more legal protections. This paper will focus on the judicially created handbook exception under which courts find that an employee handbook can be contractually binding on an employee and, therefore, may transform an employment relationship from one that is at-will to one that is for-cause. Specifically, the paper will examine cases where courts have analyzed employee handbooks which include a disclaimer enunciating that the handbook is, indeed, not …
Arbitration Of Employer Violations Of The West Virginia Human Rights Act: West Virginia Should Make Like Ants Marching And Continue Its Pursuit Of Bliss, Nicholas S. Johnson
Arbitration Of Employer Violations Of The West Virginia Human Rights Act: West Virginia Should Make Like Ants Marching And Continue Its Pursuit Of Bliss, Nicholas S. Johnson
West Virginia Law Review
No abstract provided.
Keep Your Mouth Shut And Listen: The Nfl Player's Right Of Free Expression, Thomas E. Fielder
Keep Your Mouth Shut And Listen: The Nfl Player's Right Of Free Expression, Thomas E. Fielder
University of Miami Business Law Review
No abstract provided.
From Statute To Contract: The Law Of The Employment Relationship Reconsidered, Eileen Silverstein
From Statute To Contract: The Law Of The Employment Relationship Reconsidered, Eileen Silverstein
Hofstra Labor & Employment Law Journal
Most observers would say that the employment relationship is regulated largely by statutes. This Article argues that the statutory regulation of the employment relationship, and its correction of market failures, is disappearing under the cloak of judicial decisions upholding contracts which, in one form or another, find individuals to have waived their and the public's statutory rights. In a variation on the nineteenth century's transformation of the employment relationship from status to contract, we have the contemporary move from statute to contract. Part I of this Article examines how contractual waivers operate within the framework of the statutory regulation of …
Putting Gilmer Where It Belongs: The Faa's Labor Exemption, David E. Feller
Putting Gilmer Where It Belongs: The Faa's Labor Exemption, David E. Feller
Hofstra Labor & Employment Law Journal
Relying on the Federal Arbitration Act, the Supreme Court in Gilmer v. Interstate/Johnson-Lane Corp. enforced an agreement to arbitrate all disputes to prevent judicial adjudication of a claim under the Americans With Disabilities Act. That decision has led employers of millions of workers to require an agreement to arbitrate future claims of violations of all statutes protecting employment rights as a condition of getting or keeping a job. This article argues that the exemption in Section 1 of the Act of "contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce" …
The 1998 Argentine Labor Reform Act: A Perpetuation Of The "Incoherent State"?, Paul Keenan
The 1998 Argentine Labor Reform Act: A Perpetuation Of The "Incoherent State"?, Paul Keenan
University of Miami Law Review
No abstract provided.
Arbitration Of Employment Discrimination Claims Under Pre-Dispute Agreements: Will Gilmer Survive?, Michael Delikat, Rene Kathawala
Arbitration Of Employment Discrimination Claims Under Pre-Dispute Agreements: Will Gilmer Survive?, Michael Delikat, Rene Kathawala
Hofstra Labor & Employment Law Journal
No abstract provided.
Judicial Morphallaxis: Mandatory Arbitration And Statutory Rights, Michael A. Landrum, Dean A. Trongard
Judicial Morphallaxis: Mandatory Arbitration And Statutory Rights, Michael A. Landrum, Dean A. Trongard
William Mitchell Law Review
No abstract provided.
Enforcing Mandatory Arbitration Clauses In Employment Contracts: A Common Sense Approach To The Federal Arbitration Act's Section 1 Exclusion, R. James Filiault
Enforcing Mandatory Arbitration Clauses In Employment Contracts: A Common Sense Approach To The Federal Arbitration Act's Section 1 Exclusion, R. James Filiault
Santa Clara Law Review
No abstract provided.
Arbitration Of Employment Discrimination Claims: Doctrine And Policy In The Wake Of Gilmer, Joseph R. Grodin
Arbitration Of Employment Discrimination Claims: Doctrine And Policy In The Wake Of Gilmer, Joseph R. Grodin
Hofstra Labor & Employment Law Journal
No abstract provided.
Pre-Employment Dispute Arbitration Agreements: Yes, No And Maybe, Walter J. Gershenfeld
Pre-Employment Dispute Arbitration Agreements: Yes, No And Maybe, Walter J. Gershenfeld
Hofstra Labor & Employment Law Journal
No abstract provided.
Upon Leaving A Firm: Tell The Truth Or Hide The Ball, Charles E. Cantu, Jared V. Woodfill
Upon Leaving A Firm: Tell The Truth Or Hide The Ball, Charles E. Cantu, Jared V. Woodfill
Villanova Law Review
No abstract provided.
Labor Contract And External Law: Revisiting The Arbitrator's Scope Of Authority, The, Stephen L. Hayford, Anthony V. Sinicropi
Labor Contract And External Law: Revisiting The Arbitrator's Scope Of Authority, The, Stephen L. Hayford, Anthony V. Sinicropi
Journal of Dispute Resolution
This article examines the impact of Misco and the attendant body of case law emerging from the U.S. circuit courts of appeals on the labor arbitration process. The ultimate goal of this study is to ascertain whether the public policy exception warrants a rethinking of traditional views of the relationship between collective bargaining agreements and external law, and the manner in which labor arbitrators should juxtapose the two in resolving contractual disputes. The Authors assert that it does.
The Evolution Of Techniques For Negotiation Of Sports Employment Contracts In The Era Of The Agent, Daniel M. Faber
The Evolution Of Techniques For Negotiation Of Sports Employment Contracts In The Era Of The Agent, Daniel M. Faber
University of Miami Entertainment & Sports Law Review
No abstract provided.
Conflict Of Laws Resolution In Employment Contracts: The West Virginia Approach, Linda M. Gutsell
Conflict Of Laws Resolution In Employment Contracts: The West Virginia Approach, Linda M. Gutsell
West Virginia Law Review
No abstract provided.
Interference With Contract In The Competitive Marketplace, Gina M. Grother
Interference With Contract In The Competitive Marketplace, Gina M. Grother
William Mitchell Law Review
No abstract provided.
Validity Of Nonsolicitation Clauses In Employment Contracts, Craig A. Courville
Validity Of Nonsolicitation Clauses In Employment Contracts, Craig A. Courville
Louisiana Law Review
No abstract provided.
The Vestiges Of The Texas Employment At-Will Doctrine In The Wake Of Progressive Law: The Employment Handbook Exception Comment., Brian Kennington Lowry
The Vestiges Of The Texas Employment At-Will Doctrine In The Wake Of Progressive Law: The Employment Handbook Exception Comment., Brian Kennington Lowry
St. Mary's Law Journal
Under a traditional approach of the at-will rule, if an employer hires an employee for an indefinite term then the employer may terminate the employee at will. Modification of the at-will rule has gained widespread support throughout the country. A majority of states now follow the progressive view, which allows the employment manual to become part of the labor contract, thereby obligating employers to abide by manual provisions. The progressive view maintains that an employee’s continued service after an employer issues a manual, constitutes ample consideration to make the document binding. Once a court recognizes the existence of independent consideration, …