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Full-Text Articles in Law

Muko And Conex: The Third Circuit Responds To Connell , Robert A. King, Melvin L. Moser Feb 2013

Muko And Conex: The Third Circuit Responds To Connell , Robert A. King, Melvin L. Moser

Pepperdine Law Review

The authors discuss the application of federal antitrust laws to organized labor. The article, written for practitioners, defines the elements necessary to obtain a recovery in labor antitrust actions. The authors analyze the standard of review, burden of proof and the elements which the unions must show in order to be exempted from antitrust law. The focal point of the article is the comparison between the Supreme Court's most recent discussion of the labor exemption in Connell Construction Co. v. Plumbers & Steamfitters Local Union 100 and the Third Circuit's application of that exemption in Larry V. Muko v. Southwestern …


N.L.R.B. Campaign Propaganda: A Call For Congressional Reform, Susan Gardner Jan 2013

N.L.R.B. Campaign Propaganda: A Call For Congressional Reform, Susan Gardner

Pepperdine Law Review

With its decision in Midland National Life Insurance Company, the National Labor Relations Board no longer probes into the truth or falsity of statements made during he course of preelection campaigns. The decision marks the third policy reversal in regulating campaign propaganda during the last five years. Of concern to employers and unions is the uncertainty of Board resolutions in this area, particularly when each policy reversal was preceded immediately by Presidential appointments to the Board. This article traces the shifting Board policy of regulating campaign misrepresentations and calls for Congressional intervention to stabilize the preelection process.


Egaps - Arbitration Plans For Nonunion Employees , Charles J. Morris Jan 2013

Egaps - Arbitration Plans For Nonunion Employees , Charles J. Morris

Pepperdine Law Review

No abstract provided.


Federal Sector Labor Arbitration: Differences, Problems, Cures , Dennis R. Nolan Jan 2013

Federal Sector Labor Arbitration: Differences, Problems, Cures , Dennis R. Nolan

Pepperdine Law Review

No abstract provided.


Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh M. Rathod, Michal Skapski Jan 2013

Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh M. Rathod, Michal Skapski

Hofstra Labor & Employment Law Journal

U.S. employment law has traditionally disfavored bright-line rules to distinguish between traditional “employees” and independent contractors, instead relying on more flexible criteria, to be applied on a case-by-case basis. This fluidity has enabled employers to structure these relationships – and the corresponding bundle of worker rights and benefits – in ways that serve their own material and normative interests. Indeed, recent employment law literature has noted a dramatic shift towards independent contracting and contingent worker schemes in the U.S., even when the actual workplace dynamics are more akin to an employer-employee relationship. These same trends are now visible on the …


Anglo Views Of Mexican Labor: Shaping The Law Of Temporary Work Through Masculinities Narratives, Leticia M. Saucedo Jan 2013

Anglo Views Of Mexican Labor: Shaping The Law Of Temporary Work Through Masculinities Narratives, Leticia M. Saucedo

Nevada Law Journal

No abstract provided.