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Articles 1 - 26 of 26
Full-Text Articles in Law
Mobilizable Labor Law, Scott L. Cummings, Andrew Elmore
Mobilizable Labor Law, Scott L. Cummings, Andrew Elmore
Indiana Law Journal
In the history of new labor localism, city-level living wage ordinances—emerging in the 1990s with Los Angeles leading the way—have generally been understood as a second-best, limited antipoverty device designed to raise wage floors, with only indirect effects on organized labor. Drawing upon original archival materials, this Article offers an alternative reading of the history of the living wage in Los Angeles, showing how it was designed and operationalized as a proactive tool to rebuild union density and reshape city politics. Doing so makes four key contributions. First, the Article theorizes and empirically examines the living wage as a pioneering …
Compelled Disclosure And The Workplace Rights It Enables, Catherine Fisk
Compelled Disclosure And The Workplace Rights It Enables, Catherine Fisk
Indiana Law Journal
Worker and consumer protection laws often rely on the regulated entity to notify workers or consumers of their legal rights because it is effective and efficient to provide information at the time and place where it is most likely to be useful. Until the Supreme Court ruled in NIFLA v. Becerra in 2018 that a California law regulating crisis pregnancy centers was an unconstitutional speaker-based, contentdiscriminatory regulation of speech, mandatory disclosure laws were constitutionally uncontroversial economic regulation. Yet, the day after striking down a disclosure law in NIFLA, the Court in Janus v. AFSCME Council 31 expanded the right of …
Legislatively Overturning Fort Stewart Schools: The Trump Administration's Assault On Federal Employee Collective Bargaining, Richard J. Hirn
Legislatively Overturning Fort Stewart Schools: The Trump Administration's Assault On Federal Employee Collective Bargaining, Richard J. Hirn
Indiana Law Journal
In his Fiscal Year 2019 Budget Submission, President Trump noted that about 60 percent of Federal employees belong to a union and lamented that dealing with Federal employee unions ostensibly “consume[s] considerable management time and taxpayer resources, and may negatively impact efficiency, effectiveness, cost of operations, and employee accountability and performance.” Although he acknowledged that Federal employee unions can negotiate over fewer matters than can unions in the private sector, he nonetheless claimed that collective bargaining contracts can negatively impact agency performance, workplace productivity, and employee satisfaction. The President told Congress that “[a]gency managers will be encouraged to restore management …
Undermining Or Promoting Democratic Government?: An Economic And Empirical Analysis Of The Two Views Of Public Sector Collective Bargaining In American Law, Kenneth G. Dau-Schmidt, Mohammad Khan
Undermining Or Promoting Democratic Government?: An Economic And Empirical Analysis Of The Two Views Of Public Sector Collective Bargaining In American Law, Kenneth G. Dau-Schmidt, Mohammad Khan
Articles by Maurer Faculty
No abstract provided.
Rights Of Belonging For Women, Rebecca E. Zietlow
Rights Of Belonging For Women, Rebecca E. Zietlow
Indiana Journal of Law and Social Equality
No abstract provided.
Promoting Employee Voice In The American Economy: A Call For Comprehensive Reform, Kenneth G. Dau-Schmidt
Promoting Employee Voice In The American Economy: A Call For Comprehensive Reform, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
It has become apparent that there are serious deficiencies in the American model of production. Our model of corporate governance has recently come under intense scrutiny in the academic literature and the popular press. There are increasing concerns that American corporations are too focused on short-run profits and stock prices, at the expense of long-term strategies and investments that would benefit the long-run value of the firm, employees, and the American economy at large. In the pursuit of short-run shareholder interests, American corporations have bestowed on senior executives enormous compensation packages that seem increasingly divorced from any notion of rationality, …
The Ada And The Nlra: Balancing Individual And Collective Rights, Robert A. Dubault
The Ada And The Nlra: Balancing Individual And Collective Rights, Robert A. Dubault
Indiana Law Journal
No abstract provided.
Meeting The Demands Of Workers Into The Twenty-First Century: The Future Of Labor And Employment Law, Kenneth G. Dau-Schmidt
Meeting The Demands Of Workers Into The Twenty-First Century: The Future Of Labor And Employment Law, Kenneth G. Dau-Schmidt
Indiana Law Journal
No abstract provided.
Union Representation Election Reform: Equal Access And The Excelsior Rule, Randall J. White
Union Representation Election Reform: Equal Access And The Excelsior Rule, Randall J. White
Indiana Law Journal
No abstract provided.
Union Security Agreements Under The National Labor Relations Act: The Statute, The Constitution, And The Court's Opinion In Beck, Kenneth G. Dau-Schmidt
Union Security Agreements Under The National Labor Relations Act: The Statute, The Constitution, And The Court's Opinion In Beck, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
The Supreme Court's recent decision in Communications Workers of America v. Beck interpreted section 8(a)(3) of the National Labor Relations Act (NLRA) to prohibit the observance of agency shop agreements. By interpreting the statute in this way, the Court avoided the question of whether union security agreements under the NLRA are subject to constitutional scrutiny. The Court's determination that section 8(a)(3) does not allow agency shop agreements was an important decision affecting the enforceability of union security agreements in the vast majority of private sector bargaining agreements.
In this Article, Professor Dau-Schmidt criticizes the Court's interpretation of section 8(a)(3) in …
The Nlrb And The Discharge Of Supervisors: Parker-Robb Brings Questionable Reform, Terry A. Bethel
The Nlrb And The Discharge Of Supervisors: Parker-Robb Brings Questionable Reform, Terry A. Bethel
Articles by Maurer Faculty
No abstract provided.
Nlrb Determination Of Incumbent Unions' Majority Status, C. Frederick Lebaron Jr.
Nlrb Determination Of Incumbent Unions' Majority Status, C. Frederick Lebaron Jr.
Indiana Law Journal
No abstract provided.
Union Representation Election Statements: A Call For Implementation Of The Statute, Bruce Charles Navarro
Union Representation Election Statements: A Call For Implementation Of The Statute, Bruce Charles Navarro
Indiana Law Journal
No abstract provided.
Wildcat Strikes: The Unions' Narrowing Path To Rectitude?, M. Jay Whitman
Wildcat Strikes: The Unions' Narrowing Path To Rectitude?, M. Jay Whitman
Indiana Law Journal
No abstract provided.
Bargaining And Discussion-Is It A Happy Marriage?, Barbara W. Doering
Bargaining And Discussion-Is It A Happy Marriage?, Barbara W. Doering
Indiana Law Journal
Symposium: A Year of Teacher Bargaining in Indiana
Collyer Insulated Wire: A Case Of Misplaced Modesty, Julius G. Getman
Collyer Insulated Wire: A Case Of Misplaced Modesty, Julius G. Getman
Indiana Law Journal
No abstract provided.
Wired For Collyer: Rationalizing Nlrb And Arbitration Jurisdiction, Michael J. Zimmer
Wired For Collyer: Rationalizing Nlrb And Arbitration Jurisdiction, Michael J. Zimmer
Indiana Law Journal
No abstract provided.
Behavioral And Non-Behavioral Approaches To Nlrb Representation Cases, Thomas O. Magan
Behavioral And Non-Behavioral Approaches To Nlrb Representation Cases, Thomas O. Magan
Indiana Law Journal
No abstract provided.
Craft Severance: Nlrb's New Approach
Nlrb Control And Administration Of Representation Elections
Nlrb Control And Administration Of Representation Elections
Indiana Law Journal
No abstract provided.
Disestablishment: Nlrb's Waning Remedy And The International Unions
Disestablishment: Nlrb's Waning Remedy And The International Unions
Indiana Law Journal
No abstract provided.
The Case For Uniform Union-Security Regulation
The Case For Uniform Union-Security Regulation
Indiana Law Journal
No abstract provided.
Union, Self-Employed, Consumer: A Three-Sided Controversy
Union, Self-Employed, Consumer: A Three-Sided Controversy
Indiana Law Journal
No abstract provided.
Minority Union's Right To Strike, Seymour Cohen
Minority Union's Right To Strike, Seymour Cohen
Indiana Law Journal
No abstract provided.
The National Labor Relations Act, Charles Fahy, Robert Littler
The National Labor Relations Act, Charles Fahy, Robert Littler
Indiana Law Journal
The Indiana State Bar Association and the Indianapolis Bar Association held a joint Legal Institute upon this subject on August 24, 1939 at Indianapolis. This issue of the Journal publishes the two addresses and a synopsis of the general discussion which followed.