Law Commons^™

Uneasy Terrain: The Impact Of Capital Mobility On Workers, Wages, And Union Organizing, Kate Bronfenbrenner

Kate Bronfenbrenner

In May 2000, the United States Trade Deficit Review Commission contracted with Cornell University to conduct a study updating Cornell’s previous research on the impact of plant closings and threats of plant closings on union organizing campaigns in the U.S. private sector. Through surveys, personal interviews, documentary evidence, and the use of electronic databases, the Cornell researchers were able to collect detailed data on the extent, nature, and impact of plant closings and plant closing threats for a random sample of more than 400 NLRP certification campaigns that took place between January 1, 1998 and December 31, 1999. By examining …

Labor Rights In The Generalized System Of Preferences: A 20-Year Review, Lance A. Compa, Jeffrey S. Vogt

Lance A Compa

[Excerpt]In the fall of 1982, a small group of labor, religious, and human rights activists began charting a new course for human rights and workers' rights in American trade policy. The principles of these labor rights advocates were straightforward: 1. No country should attract investment or gain an edge in international trade by violating workers' rights; 2. No company operating in global trade should gain a competitive edge by violating workers' rights; and, 3. Workers have a right to demand protection for labor rights in the international trade system, and to have laws to accomplish it. The coalition that took …

International Labor Standards, Soft Regulation, And National Government Roles, Sarosh C. Kuruvilla, Anil Verma

Sarosh Kuruvilla

[Excerpt] In this article, we briefly describe the different approaches to the regulation of international labor standards, and then argue for a new role for national governments based on soft rather than hard regulation approaches. We argue that this new role shows potential for significantly enhancing progress in international labor standards, since it enables governments to articulate a position without having to deal with the enforcement issues that hard regulation mandates. We justify this new role for governments based on the increasing use of soft regulation in the international arena. Of course, this approach is not without its own problems, …

Attract, Retain And Protect: Tips For Managing Employees And Protecting Your Business In A Time Of Economic Downturn, Shana Shrier-Joffe, Danielle Ireland-Piper

Danielle Ireland-Piper

Extract:

In April 2008, Mark Davis, Political Correspondent for the Sydney Morning Herald, observed that “the job market has remained strong in recent months despite international economic uncertainty and rising interest rates”, but went on to note that we are likely to see “the unemployment rate rising from its current 4 per cent to 4.3 to 4.5 per cent by late 2009”. This, according to Davis, represents an extra 50,000 to 75,000 people joining the ranks of the unemployed.

Disparate Impact Under The Age Discrimination In Employment Act Of 1967, Michael Evan Gold

Michael Evan Gold

No abstract provided.

A Tale Of Two Amendments: The Reasons Congress Added Sex To Title Vii And Their Implication For The Issue Of Comparable Worth, Michael Evan Gold

Michael Evan Gold

No abstract provided.

The Economic Costs And Benefits Of Self-Managed Teams Among Skilled Technicians, Rosemary Batt

Rosemary Batt

This paper estimates the economic costs and benefits of implementing teams among highly-skilled technicians in a large regional telecommunications company. It matches individual survey and objective performance data for 230 employees in matched pairs of traditionally-supervised and self-managed groups. Multivariate regressions with appropriate controls show that teams do the work of supervisors in 60-70% less time, reducing indirect labor costs by 75 percent per team. Objective measures of quality and labor productivity are unaffected. Team members receive additional overtime pay that represents a 4-5 percent annual wage premium, which may be viewed alternatively as a share in the productivity gains …

Survey Of The Federal Government On Supervisor Practices In Employment Of People With Disabilities, Susanne M. Bruyere, William Erickson, Richard L. Horne

Susanne Bruyère

In 1999, the Presidential Task Force on the Employment of Adults with Disabilities (PTFEAD) funded Cornell University to conduct a survey of federal sector HR and EEO representatives regarding their experience implementing the employment disability nondiscrimination requirements of the Americans with Disabilities Act of 1990(ADA) and the Rehabilitation Act of 1973, as amended. One of the recommendations from this research was to conduct a follow-up study of federal agency supervisors and managers about their experience in accommodation and employment of persons with disabilities in the federal sector, and in addition to inquire about their awareness of the series of Executive …

Invited Comparative Commentary To The 67th Biennial German Jurists Meeting, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Acing The Bar Exam : A Checklist Approach To Taking The Bar Exam, Suzanne Darrow-Kleinhaus

Suzanne Darrow Kleinhaus

This study aid provides candidates with a complete guide to the bar exam - from pre-planning considerations through bar review and sitting for the exam. Every aspect of the process is explained in detail and by example. The bar exam is deconstructed, section by section, where candidates are led through the steps they need to follow to succeed. Approaches for learning the black letter law, setting study schedules, and answering essay and multiple-choice questions are combined to maximize the likelihood of success. Each of these tasks is then configured into checklist format to help candidates navigate each step.

Employee Participation In Sweden. Union Paradise And Employer Hell Or …?, Reinhold Fahlbeck

Reinhold Fahlbeck

No abstract provided.

The Thirteenth Amendment And Access To Education For Children Of Undocumented Workers: A New Look At Plyler V. Doe, Maria Ontiveros, Joshua Drexler

Maria L. Ontiveros

This paper examines the extent to which the Thirteenth Amendment can be used to guarantee access to public education for the children of undocumented workers. It offers a reimagined version of Plyer, written using the Thirteenth Amendment, instead of the Fourteenth Amendment. After offering a brief summary of Thirteenth Amendment jurisprudence, it offers a variety of theoretical frameworks for analyzing the denial of education under the U.S. Constitution. It argues that the Thirteenth Amendment can provide a powerful tool for litigation, moral persuasion, organizing and legislation in the area.

Metropolitan Life Ins. Co. V. Glenn, Don Bogan, Mark Gillett, Kathleen Guzman, Joseph Thai

Donald T. Bogan

No abstract provided.

Sweden: Industrial Relations And Labor Law. National Monograph. Third Revised And Amended Edition, Reinhold Fahlbeck, Johann Mulder

Reinhold Fahlbeck

No abstract provided.

Restatement - Technique And Tradition In The United States, Thomas Kohler

Thomas C. Kohler

This paper considers the meaning and development in a historical perspective of what Americans mean by labour law. The author highlights the fact that employment law in the United States consists of a patchwork of state regulation with a variegated federal overlay. He also discusses the development of the restatement tradition in the United States and examines the course and the current status of the Restatement of Employment Law project promoted by the American Law Institute (ALI), taking account of the fact that the character of employment has changed radically in the past two decades, and has yet to reach …

Rethinking Information Privacy In An Age Of Online Transparency, Robert Sprague

Robert Sprague

No abstract provided.

Protecting Whistleblowers By Contract, Richard E. Moberly

Richard E. Moberly

Numerous statutes and the tort of wrongful discharge purport to prohibit companies from retaliating against employee whistleblowers. However, whistleblowers often lose retaliation lawsuits because these statutory and common law tort protections depend upon a variety of nuanced factors, such as the employer for whom the whistleblower works, the kind of wrongdoing reported, the way in which the employee blew the whistle, and, under some laws, the willingness of an administrative agency to investigate the whistleblower’s claim. Given these difficulties, this Article explores an alternate route for whistleblower protection: enforcing the existing contract protections that private employers currently provide employees when …

Religion In The Workplace: Faith, Action, And The Religious Foundations Of American Employment Law, Thomas C. Kohler

Thomas C. Kohler

No abstract provided.

Tres Son Multitud: Tc Fija Nuevos Criterios Para El Otorgamiento De Pensiones Por Enfermedades De Trabajos De Riesgo, Óscar Súmar, Luis Alberto Chang

Oscar Súmar

No abstract provided.

Sales And Sports Law, Adam Epstein

Adam Epstein

The purpose of this article is to provide insight into the basics of the Uniform Commercial Code (UCC) and explore its application to sports law. Particular focus is on the sale of goods found in the UCC's Article 2. Whether a buyer and seller closes a deal for the sale of helmets, bats, balls, backboards, sports memorabilia, a new artificial surface for the outdoor field or to fulfill an order for a new set of game jerseys, the UCC applies to the sale if the parties to the sales contract failed to otherwise agree upon the specifics.

Mega-Cases, Diversity, And The Elusive Goal Of Workplace Reform, Nancy Levit

Nancy Levit

Employment discrimination class action suits are part of a new wave of structural reform litigation. Like their predecessors - the school desegregation cases in the 1950s, the housing and voting inequalities cases in the 1960s, prison conditions suits in the 1970s, and environmental lawsuits since then - these are systemic challenges to major institutions affecting large segments of the public. This article explores the effectiveness of various employment discrimination remedies in reforming workplace cultures, promoting corporate accountability, and implementing real diversity.

Reviewing the architecture and aftermath of consent decrees in five major employment discrimination cases - the cases against Shoney's, …