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Full-Text Articles in Law
Negotiating The People's Capital Revised, Samuel Estreicher
Negotiating The People's Capital Revised, Samuel Estreicher
Hofstra Labor & Employment Law Journal
Editor's Note: What follows is the second part of an unofficial transcript of an off-the-record conversation among three of the labor movement's leading strategists. (The first installment appeared under the title “Strategy for Labor,” 22 J. Labor Research 569 (Summer 2001), and has been updated as “Strategy for Labor Revisited,” available www.ssrn.com). This second meeting was also convened by C, or "cooperationist," who had been for over ten years the president of a local union, part of a major industrial union, representing 3,000 employees who had been hired to staff a new manufacturing plant in a Southern town ("Newplant"). Newplant …
Supreme Court Tips Against Individual Rights-Again, Roger B. Jacobs
Supreme Court Tips Against Individual Rights-Again, Roger B. Jacobs
Hofstra Labor & Employment Law Journal
No abstract provided.
Constitutional Viability Of The Employee Free Choice Acts's Interest Arbitration Provision, Philip B. Rosen, Richard I. Greenberg
Constitutional Viability Of The Employee Free Choice Acts's Interest Arbitration Provision, Philip B. Rosen, Richard I. Greenberg
Hofstra Labor & Employment Law Journal
No abstract provided.
Unilateral-Modification Provisions In Employment Arbitration Agreements, Michael L. Demichele, Richard A. Bales
Unilateral-Modification Provisions In Employment Arbitration Agreements, Michael L. Demichele, Richard A. Bales
Hofstra Labor & Employment Law Journal
Unilateral-modification clauses give one party the unfettered right to amend or reject the underlying contract, often with neither notice to nor consent from the other party. State and federal courts are divided on the issue of whether employment arbitration agreements subject to such clauses are enforceable (and the courts holding the arbitration agreements are unenforceable are divided on which of several contract law doctrines apply). The majority of courts refuse to compel arbitration when the employer's unilateral-modification rights create a lack of consideration, a non-mutual agreement, an illusory promise to arbitrate, or an unconscionable agreement. A minority of courts find …
Arbitral Views Of Sexual Harassment: An Analysis Of Arbitration Cases, 1990-2000, Carrie G. Donald, John D. Ralston
Arbitral Views Of Sexual Harassment: An Analysis Of Arbitration Cases, 1990-2000, Carrie G. Donald, John D. Ralston
Hofstra Labor & Employment Law Journal
No abstract provided.
When The Court Makes Law And Policy (With Special Reference To The Employment Arbitration Issue), Ronald Tucker
When The Court Makes Law And Policy (With Special Reference To The Employment Arbitration Issue), Ronald Tucker
Hofstra Labor & Employment Law Journal
No abstract provided.
State Action And The Enforcement Of Compulsory Arbitration Agreements Against Employment Discrimination Claims, Jeffrey L. Fisher
State Action And The Enforcement Of Compulsory Arbitration Agreements Against Employment Discrimination Claims, Jeffrey L. Fisher
Hofstra Labor & Employment Law Journal
No abstract provided.
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" …
Labor Law And The Sports Industry, Robert D. Manfred Jr.
Labor Law And The Sports Industry, Robert D. Manfred Jr.
Hofstra Labor & Employment Law Journal
No abstract provided.
Discipline In Sports, George Nicolau
Discipline In Sports, George Nicolau
Hofstra Labor & Employment Law Journal
No abstract provided.
Are Consensual Relationship Agreements A Solution To Sexual Harassment In The Workplace?, Alison J. Chen, Jonathan A. Sambur
Are Consensual Relationship Agreements A Solution To Sexual Harassment In The Workplace?, Alison J. Chen, Jonathan A. Sambur
Hofstra Labor & Employment Law Journal
No abstract provided.
Foreward: Discipline In Professional Sports, Alfred G. Feliu
Foreward: Discipline In Professional Sports, Alfred G. Feliu
Hofstra Labor & Employment Law Journal
No abstract provided.
The Perception And Reality Of Discipline In Sports, Gene Orza
The Perception And Reality Of Discipline In Sports, Gene Orza
Hofstra Labor & Employment Law Journal
No abstract provided.
The Role Of Unions And Arbitration In Professional Baseball, Ralph Kiner
The Role Of Unions And Arbitration In Professional Baseball, Ralph Kiner
Hofstra Labor & Employment Law Journal
No abstract provided.
Compulsory Arbitration Of Statutory Discrimination Claims Under A Collective Bargaining Agreement: The Odd Case Of Caesar Wright, David E. Feller
Compulsory Arbitration Of Statutory Discrimination Claims Under A Collective Bargaining Agreement: The Odd Case Of Caesar Wright, David E. Feller
Hofstra Labor & Employment Law Journal
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.
Toward A New Paradigm Of Labor Arbitration In The Federal Courts, Charles J. Coleman, Gerald C. Coleman
Toward A New Paradigm Of Labor Arbitration In The Federal Courts, Charles J. Coleman, Gerald C. Coleman
Hofstra Labor & Employment Law Journal
No abstract provided.
The Arbitration Of Statutory Disputes: The Role Of The Arbitrator -- Procedural And Substantive Considerations, Ira F. Jaffe
The Arbitration Of Statutory Disputes: The Role Of The Arbitrator -- Procedural And Substantive Considerations, Ira F. Jaffe
Hofstra Labor & Employment Law Journal
No abstract provided.
Judicial Review Of Labor Arbitration Awards: Practices, Policies And Sanctions, Mark Berger
Judicial Review Of Labor Arbitration Awards: Practices, Policies And Sanctions, Mark Berger
Hofstra Labor & Employment Law Journal
No abstract provided.
Remarks Before The National Academy Of Arbitrators, Jean Mckee
Remarks Before The National Academy Of Arbitrators, Jean Mckee
Hofstra Labor & Employment Law Journal
No abstract provided.
Challenges To Arbitration Under Illinois Public Sector Labor Relations Statutes, Robert Perkovich, Mark H. Stein
Challenges To Arbitration Under Illinois Public Sector Labor Relations Statutes, Robert Perkovich, Mark H. Stein
Hofstra Labor & Employment Law Journal
No abstract provided.
The British And American Experiences From The Perspective Of A Neutral, Eric J. Schmertz
The British And American Experiences From The Perspective Of A Neutral, Eric J. Schmertz
Hofstra Labor & Employment Law Journal
No abstract provided.
Deferral To Arbitration: Accommodation Of Competing Statutory Policies, Mark A. Shank
Deferral To Arbitration: Accommodation Of Competing Statutory Policies, Mark A. Shank
Hofstra Labor & Employment Law Journal
No abstract provided.