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Articles 1 - 4 of 4
Full-Text Articles in Law
You're Fired!, Theodore J. St. Antoine
You're Fired!, Theodore J. St. Antoine
Articles
In 1967 Professor Lawrence Blades of Kansas criticized the iron grip of the contract doctrine of employment at will, and argued that all employees should be legally protected against abusive discharge. The next dozen years saw a remarkable reaction. With rare unanimity, a veritable Who's Who of labor academics and labor arbitrators, Aaron, Blumrosen, Howlett, Peck, Stieber, and Summers, to name only some, stepped forth to embrace Blades' notion, and to refine and elaborate it. But the persons who counted the most, the judges and the legislators, hung back. In the 1960s, vast strides were taken at both the federal …
The Regulation Of Labor Unions, Theodore J. St. Antoine
The Regulation Of Labor Unions, Theodore J. St. Antoine
Articles
This year completes exactly a half century in the federalization and codification of American labor law. Before that the regulation of both the internal affairs and external relations of labor organizations was left largely to the individual states, usually through the application of common or nonstatutory law by the courts. One major exception was the railroad industry, whose patent importance to interstate commerce made it an acceptable subject for federal legislation like the Railway Labor Act.
Protection Against Unjust Discipline: An Idea Whose Time Has Long Since Come, Theodore St. Antoine
Protection Against Unjust Discipline: An Idea Whose Time Has Long Since Come, Theodore St. Antoine
Book Chapters
The law seems able to absorb only so many new ideas in a given area at one time. In 1967 Professor Lawrence Blades of Kansas produced a pioneering article in which he decried the iron grip of the contract doctrine of employment at will, and argued that all employees should be legally protected against abusive discharge. The next dozen years witnessed a remarkable reaction. With a unanimity rare, if not unprecedented, among the contentious tribe of labor academics and labor arbitrators, a veritable Who's Who of those professions stepped forth to embrace Blades' notion, and to refine and elaborate it …
Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine
Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine
Articles
"Peaceful picketing," the United States Supreme Court has said, "is the workingman's means of communication."' One line of analysis is that, as a means of communication, picketing is free speech and is therefore entitled to every constitutional protection afforded other forms of expression. This means that it cannot be subjected to special restrictions, such as antiboycott curbs, simply because it is picketing. The opposing line of analysis is that picketing is not simply speech; it is "speech plus." The "plus" element removes picketing from the realm of pure speech and enables it to be regulated in ways that the Constitution …