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Articles 1 - 15 of 15
Full-Text Articles in Law
Constitutional Contracts Clause Challenges In Public Pension Litigation, Paul M. Secunda
Constitutional Contracts Clause Challenges In Public Pension Litigation, Paul M. Secunda
Hofstra Labor & Employment Law Journal
The recent spate of high profile efforts by state governors to roll back public employee pension rights in light of recent budgetary challenges has shone the light directly on the importance to public employees of the Contracts Clause provisions of the federal and state constitutions. Using as an example the controversial budget repair bill in Wisconsin and the application of the bill’s pension provisions to Milwaukee City employee pension rights, this article has sought to show how, under certain specified circumstances, such legislative attempts may be constitutionally impermissible if such laws substantially impair employee contracts with the state without the …
Public Sector Labor Law And History: The Politics Of Ancient History?, William A. Herbert
Public Sector Labor Law And History: The Politics Of Ancient History?, William A. Herbert
Hofstra Labor & Employment Law Journal
This article discuss three books that address various aspects of public sector labor history. It seeks to contextualize the current debate over public sector labor law and relations through the lessons of relevant history. The first book discussed is entitled The Man Who Saved New York: Hugh Carey and the Great Fiscal Crisis of 1975, by Seymour P. Lachman and Robert Polner. It recounts the leadership of Governor Carey and public sector labor leaders in reaching negotiated solutions through collective bargaining that helped solve New York City's fiscal crisis in 1975. The second book is a long-forgotten 1948 treatise Government …
The Judiciary's Efforts To Save Public Employers From The Bargains They Have Made: The Non-Delegability And Against Public-Policy Doctrines, James A. Shaw
Hofstra Labor & Employment Law Journal
No abstract provided.
Coming Out To Fight For Our Country: Achieving Equality For Gay Service Members In A Post-"Dont Ask, Don't Tell" Military, Ashley L. Behre
Coming Out To Fight For Our Country: Achieving Equality For Gay Service Members In A Post-"Dont Ask, Don't Tell" Military, Ashley L. Behre
Hofstra Labor & Employment Law Journal
No abstract provided.
Speak The Truth And Tell No Lies: An Update For The Employee Polygraph Protection Act, David Barnhorn, Joey E. Pegram
Speak The Truth And Tell No Lies: An Update For The Employee Polygraph Protection Act, David Barnhorn, Joey E. Pegram
Hofstra Labor & Employment Law Journal
No abstract provided.
Genetic Information Nondiscrimination Act Of 2008: It's In Title Vii's Genes, Phillip K. Vacchio, Joshua L. Wolinsky
Genetic Information Nondiscrimination Act Of 2008: It's In Title Vii's Genes, Phillip K. Vacchio, Joshua L. Wolinsky
Hofstra Labor & Employment Law Journal
No abstract provided.
The Strongest Defense You've Never Heard Of: The Constitution's Federal Enclave Doctrine And Its Effect On Litigants, States, And Congress, Emily S. Miller
The Strongest Defense You've Never Heard Of: The Constitution's Federal Enclave Doctrine And Its Effect On Litigants, States, And Congress, Emily S. Miller
Hofstra Labor & Employment Law Journal
No abstract provided.
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 …
Dedications To The Memory Of Eric J. Schmertz, Distinguished Professor Of Law And Dean Emeritus, Hofstra University School Of Law (1982-1989) - In Rememberence Of Eric J. Schmertz, Stuart Rabinowitz, Nora V. Demleitner, Malachy T. Mahon, Eric Lane, Alan N. Resnick, John Dewitt Gregory, David B. Feldman, Jeffrey P. Englander, Joanne F. Goldstein
Dedications To The Memory Of Eric J. Schmertz, Distinguished Professor Of Law And Dean Emeritus, Hofstra University School Of Law (1982-1989) - In Rememberence Of Eric J. Schmertz, Stuart Rabinowitz, Nora V. Demleitner, Malachy T. Mahon, Eric Lane, Alan N. Resnick, John Dewitt Gregory, David B. Feldman, Jeffrey P. Englander, Joanne F. Goldstein
Hofstra Labor & Employment Law Journal
No abstract provided.
Putting A Plug In America's Brian Drain: A Proposal To Increase The U.S. Retention Of Foreign Students Post-Graduation, Christine Chester, Amanda Cully
Putting A Plug In America's Brian Drain: A Proposal To Increase The U.S. Retention Of Foreign Students Post-Graduation, Christine Chester, Amanda Cully
Hofstra Labor & Employment Law Journal
No abstract provided.
O My Sons And Daughters, How Do I Immiserate Thee: Let Me Count The Ways, Kenneth Casebeer
O My Sons And Daughters, How Do I Immiserate Thee: Let Me Count The Ways, Kenneth Casebeer
Hofstra Labor & Employment Law Journal
This article argues that Neo-liberal policies of both action and inaction support the most virulent form of globalized Finance Capitalism. It outlines how such promotion is structured to reinforce fifteen patterns of economic consequences that reduce the standard of living of the great majority of American families, especially those headed by and including workers. These consequential patterns do not usually result from a single government action, but rather from reinforcements of specific decisions with one another. As a result political and economic elites from the United States become indifferent or worse to working family welfare, constituting an abandonment of Americans …
Waging War On "Unemployables"? Race, Low-Wage Work, And Minimum Wages: The New Evidence, Harry G. Hutchison
Waging War On "Unemployables"? Race, Low-Wage Work, And Minimum Wages: The New Evidence, Harry G. Hutchison
Hofstra Labor & Employment Law Journal
Capturing both popular and academic imaginations, recent literature contributions contest the standard treatment of minimum wage statutes as vehicles that enlarge the economic and social dislocation of vulnerable workers. A persistent strain of the current scholarship dedicated to progressive labor ideology implies that minimum wages or, alternatively, living wage statutes are necessary to preclude the degradation of low-wage workers. The publication of Simon Deakin and Frank Wilkinson’s recent article, Minimum Wage Legislation, constitutes yet another effort to destabilize the neoclassical consensus that emphasizes the adverse employment effects of wage regulation. Prescinding from orthodox economic analysis, Deakin and Wilkinson insist that …
Social Media, Trade Secrets, Duties Of Loyalty, Restrictive Covenants And Yes, The Sky Is Falling, Marisa Warren, Arnie Pedowitz
Social Media, Trade Secrets, Duties Of Loyalty, Restrictive Covenants And Yes, The Sky Is Falling, Marisa Warren, Arnie Pedowitz
Hofstra Labor & Employment Law Journal
No abstract provided.
The Time Has Come For A Sustainable Theory Of Fiduciary Duty In Investment, Jay Youngdahl
The Time Has Come For A Sustainable Theory Of Fiduciary Duty In Investment, Jay Youngdahl
Hofstra Labor & Employment Law Journal
No abstract provided.
In Defense Of Public-Sector Unions, Anne Marie Lofaso
In Defense Of Public-Sector Unions, Anne Marie Lofaso
Hofstra Labor & Employment Law Journal
The United States is currently in a heated debate over the extent to which public-sector workers should be permitted to band together for mutual aid or protection, to form, join or assist unions, and to bargain collectively. This debate was sparked when, shortly after the 2010 midterm elections, politicians in states with large public deficits blamed public-sector unions for budget shortfalls. Public unions are not, however, the cause of the states’ ills. After all, public unions are not the source of wages and benefits — governments are. Furthermore, the evidence shows that, in general, public-sector-union pay is lower than the …