Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 59

Full-Text Articles in Law

Arbitration Under Union-Negotiated Collective-Bargaining Agreements: The Need For Perspicuity When Employees Waive The Right To Pursue Discrimination Claims In Federal Court, Travis Thickstun Jan 2023

Arbitration Under Union-Negotiated Collective-Bargaining Agreements: The Need For Perspicuity When Employees Waive The Right To Pursue Discrimination Claims In Federal Court, Travis Thickstun

Loyola University Chicago Law Journal

How clear and unmistakable should arbitration clauses be when employees waive their right to pursue discrimination claims in federal court under union-negotiated collective-bargaining agreements? The United States courts of appeals have been split on this question since the Supreme Court handed down its decisions in Wright v. Universal Maritime Service Corp. and 14 Penn Plaza LLC v. Pyett. In Wright, the Court held that waiver in union-negotiated collective-bargaining agreements must be “clear and unmistakable.” Eleven years later, in Pyett, the Court affirmed its clear-and-unmistakable standard for waiver of a union member’s right to pursue her statutory claim through litigation. Since …


Planning Past Pensions, Julie Roin Jan 2015

Planning Past Pensions, Julie Roin

Loyola University Chicago Law Journal

Evidence of state and local government dysfunction surfaces in many areas. One is the operation of employee pension plans. Free from the strictures of the Employee Retirement Income Security Act (“ERISA”), some state governments failed to adequately fund their pension promises. With the imminent retirement of the baby boom generation, these states are facing what appear to be insurmountable pension debts. Illinois is one of the worst hit states, with grossly underfunded pension plans, a state constitutional prohibition on reducing pension benefits, and a sizable non-pension-related budget deficit. Illinois courts will likely strike down recently passed pension “reforms.” There are …


Gearing Up For The Next Industrial Revolution: 3d Printing, Home-Based Factories, And Modes Of Social Control, Elizabeth J. Kennedy, Andrea Giampetro-Meyer Jan 2015

Gearing Up For The Next Industrial Revolution: 3d Printing, Home-Based Factories, And Modes Of Social Control, Elizabeth J. Kennedy, Andrea Giampetro-Meyer

Loyola University Chicago Law Journal

While former industrial factories are being converted into modern living spaces in cities across the country, residential homes are being converted into modern factories thanks to advances in three-dimensional (“3D”) printing technology, an emerging “Maker Movement,” and the rise of online marketplaces like Etsy. Despite growing environmental, child-labor, and safety concerns, these “home-based factories” are largely unregulated. In the absence of traditional workplace protections, how can we gear up for the “next industrial revolution” while guarding against the sweatshop conditions of the last? How can we harness the Maker Movement’s commitment to do-it-yourself democracy in order to combat abuses by …


Diverging Doctrine, Converging Outcomes: Evaluating Age Discrimination Law In The United Kingdom And The United States, Susan Bisom-Rapp, Malcolm Sargeant Jan 2013

Diverging Doctrine, Converging Outcomes: Evaluating Age Discrimination Law In The United Kingdom And The United States, Susan Bisom-Rapp, Malcolm Sargeant

Loyola University Chicago Law Journal

No abstract provided.


Could The American Psychiatric Association Cause You Headaches? The Dangersous Interaction Between The Dsm-5 And Employment Law, Douglas A. Hass Jan 2013

Could The American Psychiatric Association Cause You Headaches? The Dangersous Interaction Between The Dsm-5 And Employment Law, Douglas A. Hass

Loyola University Chicago Law Journal

No abstract provided.


Regretting Roth? Why And How The Supreme Court Could Deprive Tenured Public Teachers Of Due Process Rights In Employment, Karl D. Camillucci Jan 2013

Regretting Roth? Why And How The Supreme Court Could Deprive Tenured Public Teachers Of Due Process Rights In Employment, Karl D. Camillucci

Loyola University Chicago Law Journal

No abstract provided.


Reflections On The Nlrb's Labor Law Jurisprudence After Wilma Liebman, David L. Gregory, Ian Hayes, Amanda Jaret Jan 2013

Reflections On The Nlrb's Labor Law Jurisprudence After Wilma Liebman, David L. Gregory, Ian Hayes, Amanda Jaret

Loyola University Chicago Law Journal

No abstract provided.


Exploiting The Joint Employer Doctrine: Providing A Break For Sweatshop Garment Workers, Shirley Lung Jan 2003

Exploiting The Joint Employer Doctrine: Providing A Break For Sweatshop Garment Workers, Shirley Lung

Loyola University Chicago Law Journal

No abstract provided.


Toward Equalization Of The Personal Retirement Savings Prerogatives Of Small Business Owners And Their Employees, Richard J. Kovach Jan 2000

Toward Equalization Of The Personal Retirement Savings Prerogatives Of Small Business Owners And Their Employees, Richard J. Kovach

Loyola University Chicago Law Journal

No abstract provided.


Determining Reasonable Accommodations Under The Ada: Why Courts Should Require Employers To Participate In An "Interactive Process", Alysa M. Barancik Jan 1999

Determining Reasonable Accommodations Under The Ada: Why Courts Should Require Employers To Participate In An "Interactive Process", Alysa M. Barancik

Loyola University Chicago Law Journal

No abstract provided.


Genetic Discrimination In The Workplace: An Overview Of Existing Protections, Melinda B. Kaufmann Jan 1999

Genetic Discrimination In The Workplace: An Overview Of Existing Protections, Melinda B. Kaufmann

Loyola University Chicago Law Journal

No abstract provided.


Labor Law, Fay Hartog-Rapp, Daniel S. Kaplan Jan 1990

Labor Law, Fay Hartog-Rapp, Daniel S. Kaplan

Loyola University Chicago Law Journal

No abstract provided.


The Nlrb's Proposed Rule For The Determination Of Health Care Bargaining Units: Is The Aha Barking Up The Wrong Tree?, Brenda Murphy Jan 1990

The Nlrb's Proposed Rule For The Determination Of Health Care Bargaining Units: Is The Aha Barking Up The Wrong Tree?, Brenda Murphy

Loyola University Chicago Law Journal

No abstract provided.


Liability Issues Arising From Hospitals' Use Of Temporary Supplemental Staff Nurses, Diana L. Nolte Huff Jan 1990

Liability Issues Arising From Hospitals' Use Of Temporary Supplemental Staff Nurses, Diana L. Nolte Huff

Loyola University Chicago Law Journal

No abstract provided.


Labor Law, James M. Gecker, Cathryn E. Albrecht Jan 1989

Labor Law, James M. Gecker, Cathryn E. Albrecht

Loyola University Chicago Law Journal

No abstract provided.


Labor Law, Bruce R. Alper, Heidi Dalenberg Jan 1988

Labor Law, Bruce R. Alper, Heidi Dalenberg

Loyola University Chicago Law Journal

No abstract provided.


Labor Law, Morrison Torrey, John B. Kavanagh Jan 1986

Labor Law, Morrison Torrey, John B. Kavanagh

Loyola University Chicago Law Journal

No abstract provided.


The Employment-At-Will Doctrine: A Proposal, Daniel J. Koys, Steven Briggs, Jay E. Grenig Jan 1986

The Employment-At-Will Doctrine: A Proposal, Daniel J. Koys, Steven Briggs, Jay E. Grenig

Loyola University Chicago Law Journal

No abstract provided.


Erisa Regulation Of Employee "Payroll Practices": California Hospital Association V. Henning, Mark A. Casciari Jan 1986

Erisa Regulation Of Employee "Payroll Practices": California Hospital Association V. Henning, Mark A. Casciari

Loyola University Chicago Law Journal

No abstract provided.


Professional Unions In The Health Care Industry: The Impact Of St. Francis Ii And North Shore University Hospital, Debra Dyleski-Najjar Jan 1986

Professional Unions In The Health Care Industry: The Impact Of St. Francis Ii And North Shore University Hospital, Debra Dyleski-Najjar

Loyola University Chicago Law Journal

No abstract provided.


Labor Arbitration And Bankruptcy: A Trek Into The Serbonian Bog, Thomas R. Haggard Jan 1986

Labor Arbitration And Bankruptcy: A Trek Into The Serbonian Bog, Thomas R. Haggard

Loyola University Chicago Law Journal

No abstract provided.


Midgett V. Sackett-Chicago, Inc.: Extension Of The Tort Of Retaliatory Discharge To Employees Covered By Collective Bargaining Agreements, John R. Spitzip Jan 1985

Midgett V. Sackett-Chicago, Inc.: Extension Of The Tort Of Retaliatory Discharge To Employees Covered By Collective Bargaining Agreements, John R. Spitzip

Loyola University Chicago Law Journal

No abstract provided.


In Re Bildisco: Rejection Of Collective Bargaining Agreements, Cheryl A. Kehoe Jan 1984

In Re Bildisco: Rejection Of Collective Bargaining Agreements, Cheryl A. Kehoe

Loyola University Chicago Law Journal

No abstract provided.


Nonunion Employees And The Weingarten Right, Jeanine M. Jiganti Jan 1984

Nonunion Employees And The Weingarten Right, Jeanine M. Jiganti

Loyola University Chicago Law Journal

No abstract provided.


Secondary Consumer Boycotts Under The Nlra's Publicity Proviso, Macia Organ Jan 1983

Secondary Consumer Boycotts Under The Nlra's Publicity Proviso, Macia Organ

Loyola University Chicago Law Journal

No abstract provided.


Kremer V. Chemical Construction Corp.: Federal-State Comity In Employment Discrimination, John Noell Jan 1983

Kremer V. Chemical Construction Corp.: Federal-State Comity In Employment Discrimination, John Noell

Loyola University Chicago Law Journal

No abstract provided.


The New Negligence Standard For Shipowners And Longshoremen - Scindia Steam Navigation Co. V. De Los Santos, Victoria L. Bush Jan 1981

The New Negligence Standard For Shipowners And Longshoremen - Scindia Steam Navigation Co. V. De Los Santos, Victoria L. Bush

Loyola University Chicago Law Journal

No abstract provided.


The Motivation Requirement In Single Employee Discharge Cases, Michael R. Enright Jan 1980

The Motivation Requirement In Single Employee Discharge Cases, Michael R. Enright

Loyola University Chicago Law Journal

No abstract provided.


Misrepresentation In Union Elections: The Nlrb Reinstates Hollywood Ceramics, Karen Dorff Jan 1979

Misrepresentation In Union Elections: The Nlrb Reinstates Hollywood Ceramics, Karen Dorff

Loyola University Chicago Law Journal

No abstract provided.


The Employer's Dilemma: Quotas, Reverse Discrimination, And Voluntary Compliance, Janet L. Reed Jan 1977

The Employer's Dilemma: Quotas, Reverse Discrimination, And Voluntary Compliance, Janet L. Reed

Loyola University Chicago Law Journal

No abstract provided.