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Articles 1 - 14 of 14
Full-Text Articles in Law
Underclaiming And Overclaiming, Sachin Pandya, Peter Siegelman
Underclaiming And Overclaiming, Sachin Pandya, Peter Siegelman
Peter Siegelman
Arguments that we have too much litigation (overclaiming) or too little (underclaiming) cannot be valid without estimating how many of the undecided claims that are brought (actual claims) or not brought (potential claims) have or lack legal merit. We identify the basic conceptual structure of such underclaiming and overclaiming arguments, which entails inferences about the distribution of actual or potential claims by their probability of success on the merits within a claims-processing institution. We then survey the available methods for estimating claim merit.
Awaking Rip Van Winkle: Has The National Labor Relations Act Reached A Turning Point?, William Corbett
Awaking Rip Van Winkle: Has The National Labor Relations Act Reached A Turning Point?, William Corbett
William R. Corbett
No abstract provided.
Labor Law—Labor Management Relations Act—Section 8(B)(1)(A)—Court-Enforced Fines Under A Union-Shop Provision.—Nlrb V. Allis-Chalmers Mfg. Co., Mitchell Sikora, Robert Bloom
Labor Law—Labor Management Relations Act—Section 8(B)(1)(A)—Court-Enforced Fines Under A Union-Shop Provision.—Nlrb V. Allis-Chalmers Mfg. Co., Mitchell Sikora, Robert Bloom
Robert Bloom
No abstract provided.
Umass Boston – Brazilian Immigrant Center Partnership, Tim Sieber, C. Eduardo Siqueira, Natalicia Tracy
Umass Boston – Brazilian Immigrant Center Partnership, Tim Sieber, C. Eduardo Siqueira, Natalicia Tracy
Timothy Sieber
The Brazilian Immigrant Center (BIC) does organizing, advocacy and training to reduce marginalization of Brazilian immigrants, promoting their engagement as workers & civic participants. A worker’s center, BIC supports and defends workers’ rights under current state & US labor laws. BIC helps workers mediate complaints with employers, and refers others for class action suits, or intervention by the Mass. Attorney General or US Dept. of Labor. A special focus at present is organizing mostly women domestic workers, and BIC has a new Law and Policy Clinic, a Domestic Worker Mediation Program, and an Immigration Justice Project staffed by two full-time …
American Workplace Dispute Resolution In The Individual Rights Era, Alexander Colvin
American Workplace Dispute Resolution In The Individual Rights Era, Alexander Colvin
Alexander Colvin
This article presents a theoretical conceptualization of the rise of alternative dispute resolution and its impact on American employment relations in the individual rights era. The idea of an industrial relations system advanced by Dunlop is no longer a plausible general approach for understanding American employment relations given the decline of organized labor. This article examines the question of whether a new individual employment rights-based system of employment relations has replaced it. The old New Deal industrial relations system was based on three pillars: labor contracts that provided a web of rules governing the workplace; economic strikes, actual or threatened, …
Immigrant Labor And The Occupational Safety & Health Regime; Part I: A New Vision For Workplace Regulation, Jayesh Rathod
Immigrant Labor And The Occupational Safety & Health Regime; Part I: A New Vision For Workplace Regulation, Jayesh Rathod
Jayesh Rathod
This article is the first in a series of three articles that together form a scholarly project that unearths the causes of recent trends in immigrant worker fatalities and injuries in the U.S., and presents recommendations for reversing it. The article examines how the history, structure, and operations of the federal Occupational Safety and Health Administration (OSHA) have, at times, obscured the workplace safety concerns of immigrant workers and have left these workers with no meaningful voice in the regulatory process. The article presents a set of regulatory imperatives to guide OSHA’s future work with respect to immigrant workers. These …
Protecting Immigrant Workers Through Interagency Cooperation, Jayesh Rathod
Protecting Immigrant Workers Through Interagency Cooperation, Jayesh Rathod
Jayesh Rathod
Stephen Lee’s Monitoring Immigration Enforcement offers a promising prescription for resolving the long-standing tension between the workplace enforcement priorities of the Department of Homeland Security (“DHS”) and the efforts by the Department of Labor (“DOL”) to protect the rights of immigrant workers. Lee convincingly describes - often with the aid of rich historical examples - the origins of the chronic imbalance of power between DHS and the DOL, and the limitations of past efforts to synchronize the work of the respective agencies. Lee’s proposal for interagency coordination, in the form of ex ante monitoring by the DOL of worksite enforcement …
Justice As Right Relationship: A Philosophical And Theological Reflection On Affirmative Action, Robert Araujo
Justice As Right Relationship: A Philosophical And Theological Reflection On Affirmative Action, Robert Araujo
Robert J. Araujo S.J.
No abstract provided.
Introduction To Eugene V. Debs: Citizen And Socialist, Nick Salvatore
Introduction To Eugene V. Debs: Citizen And Socialist, Nick Salvatore
Nick Salvatore
[Excerpt] This is a social biography of Eugene Victor Debs. It is a traditional biography in that it emphasizes this one individual's personal and public life as far as the evidence allows. But the book is also a piece of social history that assumes individuals do not stand outside the culture and society they grew in and from. I have stressed each aspect of Debs's story in order to present both the importance of the man and a more complete picture of the political and cultural struggles his society engaged in during his lifetime. Neither in his time nor in …
Deeply Within: Catholicism, Faith And History, Nick Salvatore
Deeply Within: Catholicism, Faith And History, Nick Salvatore
Nick Salvatore
[Excerpt] In the decade I spent living with Gene Debs, I thought much about faith's relation to intellect, especially in the political realm. It was not just that a socialist in capitalist America needed faith but rather that Debs's very vision of America's promise was itself a profound act of faith. But with the exception of the last chapter, which I titled, "A Species of Purging," following a phrase in one of Debs's prison letters, overt discussion of any religious sensibility was largely sotto voce, echoes of a private dialogue with myself. Pleased as I was with the book when …
Can Coal Miners Escape Black Lung? An Analysis Of The Coal Miner Job Transfer Program And Its Implications For Occupational Medical Removal Protection Programs, Emily Spieler
Emily A. Spieler
No abstract provided.
Assessing Fairness In Workers' Compensation Reform: A Commentary On The 1995 West Virginia Workers' Compensation Legislation, Emily Spieler
Assessing Fairness In Workers' Compensation Reform: A Commentary On The 1995 West Virginia Workers' Compensation Legislation, Emily Spieler
Emily A. Spieler
No abstract provided.
Gridlock At The Nlrb: One Step Back, Two Steps Further Back, Michael J. Goldberg
Gridlock At The Nlrb: One Step Back, Two Steps Further Back, Michael J. Goldberg
Michael J Goldberg
No abstract provided.
The Part And Parcel Of Impairment Discrimination, Michelle Travis
The Part And Parcel Of Impairment Discrimination, Michelle Travis
Michelle A. Travis
The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) has been heralded for restoring the protected class of individuals with disabilities to the broad scope that Congress intended when it enacted the original Americans with Disabilities Act over two decades ago. But the ADAAA accomplished something even more profound. By restricting the accommodation mandate only to individuals whose impairments are or have been substantially limiting, and by expanding basic antidiscrimination protection to cover individuals with nearly all forms of physical or mental impairment, the ADAAA extricated disability from the broader concept of impairment and implicitly bestowed upon impairment the …