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Full-Text Articles in Law

Employee Or Entrepreneur?, Jeffrey M. Hirsch Oct 2016

Employee Or Entrepreneur?, Jeffrey M. Hirsch

Jeffrey M. Hirsch

No abstract provided.


Taking State Property Rights Out Of Federal Labor Law, Jeffrey M. Hirsch Oct 2016

Taking State Property Rights Out Of Federal Labor Law, Jeffrey M. Hirsch

Jeffrey M. Hirsch

The National Labor Relations Board's current analysis of union organizers' right to access employer property relies heavily on an employer's right to exclude under state property law. If the employer possesses this right, an attempt to exclude organizers is generally lawful; if the employer lacks this right, the attempt is unlawful. This scheme makes little sense doctrinally, as an employer's property interests are usually irrelevant to the issue that should be the Board's primary concern— whether the removal of union organizers interferes with employees' federal labor rights. I propose eliminating consideration of state property rights from right-to-access cases. Instead, the …


The Law Of Termination: Doing More With Less, Jeffrey M. Hirsch Oct 2016

The Law Of Termination: Doing More With Less, Jeffrey M. Hirsch

Jeffrey M. Hirsch

No abstract provided.


Comparative Wrongful Dismissal Law: Reassessing American Exceptionalism, Samuel Estreicher, Jeffrey M. Hirsch Oct 2016

Comparative Wrongful Dismissal Law: Reassessing American Exceptionalism, Samuel Estreicher, Jeffrey M. Hirsch

Jeffrey M. Hirsch

Commentators have long debated the merits of the United States’ “at-will” rule, which allows employers and employees to end the employment relationship without cause or notice, absent a constitutional, statutory, or public policy exception. One premise for both proponents and opponents of at-will employment is to stress the uniqueness of this default among other developed countries, which generally require “cause” for most dismissals. Although other countries’ cause regimes differ significantly from the U.S. on paper, this Article addresses whether those differences in normative law also reflect differences in employees’ protection against wrongful termination in reality. The existing literature on dismissal …