Law Commons^™

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

State Legislation As A Fulcrum For Change: Wisconsin's Public Sector Labor Law, And The Revolution In Politics And Worker Rights, Joseph E. Slater

ExpressO

The rise of public sector unions is one of the most significant but least examined movements for legal rights and social change. Through the 1950s, government employees typically had no right to bargain collectively or even to organize unions–rights often regarded as fundamental human rights–and public sector unions were small and relatively powerless. Yet today, unions represent more than 40 percent of all public workers, government employees make up about 40 percent of the entire U.S. labor movement, and public sector unions are among the strongest political advocacy groups in the country. This became possible only through a revolution of …

The Notion Of Solidarity And The Secret History Of American Labor Law, Thomas Kohler

Thomas C. Kohler

"Solidarity," a term not overly familiar to Americans, sometimes seems to have as many meanings as it has users. The concept became incorporated into American thought during the 19th and 20th century waves of Catholic and Jewish immigration. It provides a European vision of communitarian social order that competes with the "unencumbered self" - America's unique brand of individualism. Among philosophers, politicians, religious thinkers, and social activists, solidarity theory sought to redefine the then-prevailing views of social bonds. Nowhere is this more apparent than in the American labor movement, which espouses as its core values the principles of unity and …

Lost Foundations: The Religious Voice And Employee Participation In The United States And Germany, Thomas Kohler

Thomas C. Kohler

No abstract provided.

The Story Of Nlrb V. Mackay Radio & Telegraph Co.: The High Cost Of Solidarity, Thomas Kohler, Julius Getman

Thomas C. Kohler

In 1938, in NLRB v. Mackay Radio & Telegraph Co., the Supreme Court offered one of its earliest interpretations of the National Labor Relations Act. Although the Court's holding provided that employers may not discriminate against employees for their union activity when the strike is over and workers are reinstated, dicta in the opinion also provided that under the NLRA employers enjoy an unrestricted right to replace strikers. In the 70 years since the Court's announcement, scholars remain baffled by the contradictions presented by the "Mackay doctrine" - a rule that forbids employers from discharging legally protected strikers while, at …

Reconstituting The Law Of The Workplace In An Era Of Self-Regulation, Cynthia L. Estlund

ExpressO

As the reach of collective bargaining has shrunk in recent decades, the domain of employment law – of judicially-enforceable individual rights and administratively-enforced regulatory standards – has expanded. Both branches of employment law have seen the rise of employer “self-regulation” – internal systems for enforcement of rights and regulatory standards – and of legal inducements to self-regulation in the form of reduced public oversight or sanctions. In the shift from “self-governance” to “self-regulation,” employees have lost their institutional voices and are losing the protective oversight of courts and public agencies. In this article Professor Estlund looks for ways not to …

Evaluating Work: Enforcing Occupational Safety And Health Standards In The United States, Canada And Sweden, Daniel B. Klaff

ExpressO

The United States’ occupational safety and health enforcement system is breaking down. Klaff argues that much of this breakdown has to do with a fundamental lack of worker participation in the United States’ safety and health system. Klaff makes his case by comparing and contrasting the history and enforcement schemes of the United States, Canada, and Sweden. After arguing for economic rights as human rights, Klaff concludes by offering a set of recommendations for the United States’ occupational safety and health system based upon his value-centered analysis.

The Needle And The Damage Done: How Hoffman Plastics Promotes Sweatshops And Illegal Immigration And What To Do About It , Jennifer S. Berman

ExpressO

This paper examines the intersection of immigration and labor law as developed in federal law, culminating in the recent Supreme Court case, Hoffman Plastics. Arguing that Hoffman was wrongly decided, the paper further demonstrates that stronger penalties are necessary under the NLRA to deter employer wrongdoing, protect workers’ rights, and slow the proliferation of sweatshops.

National Labor Relations Act, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Comments On Weiss' 'Trade Unions, Worker's Participation, And Collective Bargaining In Germany And In The Eu', Thomas Kohler

Thomas C. Kohler

No abstract provided.

Immigration And The Workplace: Immigration Restrictions As Employment Discrimination, Howard F. Chang

All Faculty Scholarship

No abstract provided.

Employee Representation, The Notion Of Solidarity And The Secret History Of American Labor Law, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Comparative Labor Law: Some Reflections On The Way Ahead, Thomas C. Kohler

Thomas C. Kohler

No abstract provided.

Major-League-Baseball-Streik 1994-1995, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Kündigungsschutz In Deutschland Und Den Usa, Thomas Kohler, Michael Kittner

Thomas C. Kohler

No abstract provided.

Autonomy And Personhood: The Implications For Labor And Employment Law, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Betriebliche Interessenvertretung In Den Vereinigten Staaten: Ein Überblick, Thomas Kohler

Thomas C. Kohler

No abstract provided.

The Disintegration Of Labor Law: Some Notes For A Comparative Study Of Legal Transformation, Thomas Kohler

Thomas C. Kohler

While acknowledging the difficulties inherent in a comparative approach to labor and employment ordering issues, the author argues that our times and circumstances force us to consider such a perspective. This essay looks at the some of the background and characteristics of the labor law regimes of the United States and Germany to reflect on where we have been and where we might be going, and concludes that we stand at the edge of a new world, one that may well entail a new culture of work and new ways of being for all its inhabitants.

Labor Law And Labor Relations: Comparative And Historical Perspectives, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Bonding And Flexibility: Employment Ordering In A Relationless Age, Thomas C. Kohler, Matthew Finkin

Thomas C. Kohler

No abstract provided.

Review Of Labour Law And Industrial Relations In Germany, By Manfred Weiss, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Labour Law And Labour Relations: Comparative And Historical Perspectives, Thomas Kohler

Thomas C. Kohler

No abstract provided.

The Overlooked Middle, Thomas Kohler

Thomas C. Kohler

In this Article, the author argues that significant elements concerning the discussion of labor law reform have been overlooked and that the steady decline of unions is not in fact an isolated occurrence. It is instead part of a much broader and deeply troubling trend, which has affected every mediating group in our society. However, our blinkered insistence on treating the deterioration of autonomous employee associations as a solitary phenomenon has precluded us from comprehending either the complexity of its causes or the full extent of its implications.

The author posits, therefore, that there is a pronounced tendency to overlook …

Individualism And Communitarianism At Work, Thomas C. Kohler

Thomas C. Kohler

No abstract provided.

Setting The Conditions For Self-Rule: Unions, Associations, Our First Amendment Discourse And The Problem Of Debartolo, Thomas C. Kohler

Thomas C. Kohler

No abstract provided.

In Praise Of Unions: Collective Bargaining Does Promote The Common Good, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Commentary On "The Regulation Of Union Economic Power," By Walter E. Oberer, Thomas Kohler

Thomas C. Kohler

No abstract provided.

The Common Law, Labor Law, And Reality: A Response To Professor Epstein, Thomas Kohler, Julius Getman

Thomas C. Kohler

No abstract provided.

Mécanismes De Participation Des Travailleurs Aux Etats-Unis, Thomas Kohler, Julius Getman

Thomas C. Kohler

No abstract provided.

Forum: Distinctions Without Differences: Effects Bargaining In Light Of First National Maintenance, Thomas C. Kohler

Thomas C. Kohler

No abstract provided.