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- Richard W Hurd (2)
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Articles 31 - 43 of 43
Full-Text Articles in Business
[Review Of The Book From Consent To Coercion: The Assault On Trade Union Freedoms], Lance A. Compa
[Review Of The Book From Consent To Coercion: The Assault On Trade Union Freedoms], Lance A. Compa
Lance A Compa
[Excerpt] Even in disagreement with some of its policy prescriptions, I find From Consent to Coercion a strong, meticulously documented, powerfully argued, thought-provoking work that serious scholars and practitioners of trade unionism and labour law should read and engage. We Americans can still look at Canadian labour law and practice as a model compared with our own, but thanks to Panitch and Swartz's work we can see it with eyes open, not eyes wide
Labor’S New Opening To International Human Rights Standards, Lance Compa
Labor’S New Opening To International Human Rights Standards, Lance Compa
Lance A Compa
Most trade unionists were oblivious to international human rights movement in the last half of the twentieth century. For their part, human rights advocates did not include workers’ rights on their agenda. But in the late 1990s, labor and human rights advocates came together to reframe workers’ collective action as a human rights mission rather than a self-interested syndical action. A new labor–human rights alliance built a wide-ranging discourse of workers’ rights as human rights. The expertise and knowledge attributable to human rights actors gave their critique of workers’ rights violations in the U.S. a high measure of authoritativeness compared …
A Moral Contractual Approach To Labor Law Reform: A Template For Using Ethical Principles To Regulate Behavior Where Law Failed To Do So Effectively, Zev J. Eigen, David S. Sherwyn
A Moral Contractual Approach To Labor Law Reform: A Template For Using Ethical Principles To Regulate Behavior Where Law Failed To Do So Effectively, Zev J. Eigen, David S. Sherwyn
Faculty Working Papers
If laws cease to work as they should or as intended, legislators and scholars propose new laws to replace or amend them. This paper posits an alternative—offering regulated parties the opportunity to contractually bind themselves to behave ethically. The perfect test-case for this proposal is labor law, because (1) labor law has not been amended for decades, (2) proposals to amend it have failed for political reasons, and are focused on union election win rates, and less on the election process itself, (3) it is an area of law already statutorily regulating parties' reciprocal contractual obligations, and (4) moral means …
Workplace Consequences Of Electronic Exhibitionism And Voyeurism, William A. Herbert
Workplace Consequences Of Electronic Exhibitionism And Voyeurism, William A. Herbert
William A. Herbert
The popularity of email, blogging and social networking raises important issues for employers, employees and labor unions. This article will explore contemporary workplace issues resulting from the related social phenomena of electronic exhibitionism and voyeurism. It will begin with a discussion of the international social phenomenon of individuals electronically distributing their personal thoughts, opinions, and activities to a potential worldwide audience while at the same time retaining a subjective sense of privacy. The temptation toward such exhibitionism has been substantially enhanced by the advent of Web 2.0. The article then turns to the legal implications of electronic voyeurism including employer …
Comparing The Naalc And The European Union Social Charter (Transcript), Lance A. Compa
Comparing The Naalc And The European Union Social Charter (Transcript), Lance A. Compa
Lance A Compa
This is a transcript of Professor Lance Compa’s presentation to the North American Agreement on Labor Cooperation Conference held in Washington, DC on November 12, 1996 and published in the American University Journal of International Law and Policy. [Excerpt] After all of the excellent comments this morning and so far this afternoon, both from the panelists and from the floor, I am not sure that I can say anything new about the NAALC. So, what I want to do in this intervention is add some comparative discussion with respect to the European Union and the social charter of the European …
A Strange Case: Violations Of Workers’ Freedom Of Association In The United States By European Multinational Corporations, Lance A. Compa
A Strange Case: Violations Of Workers’ Freedom Of Association In The United States By European Multinational Corporations, Lance A. Compa
Lance A Compa
[Excerpt] A central conclusion of this report is that firms’ voluntary principles and policies are not enough to safeguard workers’ freedom of association. They can be important initiatives, but only when they contain effective due diligence, oversight, and control mechanisms. Otherwise, as shown here, shortcomings in US labor law create enormous temptation - especially among US managers not sufficiently overseen by European parent company officials - to take advantage of them by acts inconsistent with international norms. The pattern that emerges in the examples presented here suggests inadequate due diligence and internal performance controls to prevent and correct US management …
Unfair Advantage: Workers’ Freedom Of Association In The United States Under International Human Rights Standards, Lance A. Compa
Unfair Advantage: Workers’ Freedom Of Association In The United States Under International Human Rights Standards, Lance A. Compa
Lance A Compa
[Excerpt] Human Rights Watch selected case studies for this report on workers’ freedom of association in the United States with several objectives in mind. One was to include a range of sectors - services, industry, transport, agriculture, high tech – to assess the scope of the problem across the economy, rather than to focus on a single sector. Another objective was geographic diversity, to analyze the issues in different parts of the country. The cases studied here arose in cities, suburbs and rural areas around the United States. Another important goal was to look at the range of workers seeking …
Patterned Responses To Organizing: Case Studies Of The Union-Busting Convention, Richard W. Hurd, Joseph B. Uehlein
Patterned Responses To Organizing: Case Studies Of The Union-Busting Convention, Richard W. Hurd, Joseph B. Uehlein
Richard W Hurd
[Excerpt] In June 1993, the Industrial Union Department (IUD) of the AFL-CIO initiated a project to gather cases from affiliated unions that would highlight aspects of the National Labor Relations Board process deserving attention from those shaping labor law reform proposals. Based on the cases submitted, we conclude that in its current form the National Labor Relations Act serves to impede union organizing. Particularly problematic are NLRB policies that allow employers to wage no-holds-barred antiunion campaigns. Even where there are legal restrictions on specific actions, the penalties for violations are so meager that they serve no deterrent effect. The cases …
Introduction: The Context For The Reform Of Labor Law, Sheldon Friedman, Richard W. Hurd, Rudolph A. Oswald, Ronald L. Seeber
Introduction: The Context For The Reform Of Labor Law, Sheldon Friedman, Richard W. Hurd, Rudolph A. Oswald, Ronald L. Seeber
Richard W Hurd
[Excerpt] It has become increasingly clear that the U.S. system of collective bargaining is no longer a realistic option for a large and growing proportion of American workers, and the situation will continue to worsen absent a major redirection of public policy. The decline in union density rates in this country is alarming to those who value and promote unionization. The extent to which this decline is due to management resistance and the failure of the law to promote collective bargaining is an important question that requires continued study and debate. Opinion polls reveal that for millions of nonunion American …
Justice Sonia Sotomayor And The Relationship Between Leagues And Players: Insights And Implications, Michael Mccann
Justice Sonia Sotomayor And The Relationship Between Leagues And Players: Insights And Implications, Michael Mccann
Law Faculty Scholarship
This Essay examines U.S. Supreme Court Justice Sonia Sotomayor’s important role in shaping U.S. sports law. As a judge on the U.S. District Court for the Southern District of New York and later on the U.S. Court of Appeals for the Second Circuit, Sotomayor authored opinions that resolved two major sports law disputes: whether Major League Baseball (“MLB”) owners could unilaterally impose new labor conditions on MLB players during the 1994 baseball strike and whether Ohio State University sophomore Maurice Clarett was obligated to wait three years from the completion of high school to become eligible for the National Football …
Reconceiving Labour Law: The Labour Market Regulation Project, Andrew D. Frazer
Reconceiving Labour Law: The Labour Market Regulation Project, Andrew D. Frazer
Faculty of Law - Papers (Archive)
This paper reviews the recent work by Australian labour lawyers that has embraced the ‘new regulation’ and in particular the idea of law as regulation. This approach has recast the academic study of labour law as being concerned with regulation of the labour market. While much of this work has concentrated on expanding the field of labour law to include many areas of law affecting the labour market (beyond the employer-employee relationship), the work has also developed the view of law as a mechanism of state regulation. The paper examines how the ‘regulatory turn’ in Australian labour law has affected …
Union Traditions And Economic Policy In Ri, Chester Smolski
Union Traditions And Economic Policy In Ri, Chester Smolski
Smolski Texts
"When compared with the rest of the nation, Rhode Island stands out as a highly unionized state. A recent study released by the Department of Labor shows that 108,000 of the 398,000 employed in the state in 1978 were union members. Membership in associations such as the National Education Association and others adds a further 11,000 persons to the list. This total of 119,000 union and association members represents 29.9 percent of total employment on non-agricultural payrolls, ranking Rhode Island 13th in the nation and highest in New England which, as a region, averages 26.6 percent, and the same figure, …
Labor Versus Capital, Irving Thomas
Labor Versus Capital, Irving Thomas
Student and Lippitt Prize essays
Commentary on the concepts and movements of the nineteenth century labor industry.