Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Labor unions (3)
- Deferrals (2)
- National Labor Relations Act (2)
- National Labor Relations Board (2)
- Organized labor (2)
-
- Tribunals (2)
- Accountability (1)
- Age Discrimination in Employment Act (1)
- Age discrimination (1)
- California (1)
- Child support (1)
- Children (1)
- Civil Rights Act of 1964 (1)
- Class actions (1)
- Conley v. Boyle Drug Co. (1)
- Corruption (1)
- Employee Retirement Income Security Act (1)
- Enforcement (1)
- Florida (1)
- Government officials (1)
- Hymowitz v. Eli Lilly & Co. (1)
- Interstate commerce (1)
- Iran-Contra (1)
- Law reform (1)
- Liability (1)
- New York (1)
- Organized crime (1)
- Parents (1)
- Pensions (1)
- Racketeer Influenced and Corrupt Organizations Act (1)
Articles 1 - 8 of 8
Full-Text Articles in Law
Two (Federal) Wrongs Make A (State) Right: State Class Action Procedures As An Alternative To The Opt-In Class Action Provisions Of The Adea, Janet M. Bowermaster
Two (Federal) Wrongs Make A (State) Right: State Class Action Procedures As An Alternative To The Opt-In Class Action Provisions Of The Adea, Janet M. Bowermaster
University of Michigan Journal of Law Reform
This Article argues that the opt-in class action of the ADEA is an anachronism and that age-discrimination litigants can take advantage of the broader protection afforded to Title VII litigants by bringing their ADEA suits as Rule 23 class actions in state courts. A comparison of the two statutes reveals similar purposes and nearly identical substantive provisions, but procedural provisions that provide less protection to victims of age discrimination, including widely disparate class-action provisions.
Accountability In Government And Section 1983, Mark R. Brown
Accountability In Government And Section 1983, Mark R. Brown
University of Michigan Journal of Law Reform
Part I of this Article traces the legal history behind derivative supervisory liability as well as its status today. Part II addresses obstacles that might block the development of derivative supervisory liability, at least in the federal court system. Part III offers a solution premised on federalizing the question of duty. Finally, Part IV turns to the unique problem of preserving supervisory liability even in the absence of constitutional fault by the errant subordinate.
Private Plaintiffs' Use Of Equitable Remedies Under The Rico Statute: A Means To Reform Corrupted Labor Unions, Randy M. Mastro, Steven C. Bennett, Mary P. Donlevy
Private Plaintiffs' Use Of Equitable Remedies Under The Rico Statute: A Means To Reform Corrupted Labor Unions, Randy M. Mastro, Steven C. Bennett, Mary P. Donlevy
University of Michigan Journal of Law Reform
Part I of this Article outlines the government's approach to civil RICO actions involving labor unions, including an overview of the government's prior civil RICO actions and a summary of the types of issues that often arise in such actions. Part II examines the unique issues involved in a civil RICO action brought by a private plaintiff. The principal issue addressed in this Part is whether a private plaintiff can bring an action under the equitable remedies provisions of the RICO statute. This Part also addresses the issues of how a private plaintiff can gain access to information that may …
The Nlrb's Deferral Policy And Union Reform: A Union Perspective, Leonard Page, Daniel W. Sherrick
The Nlrb's Deferral Policy And Union Reform: A Union Perspective, Leonard Page, Daniel W. Sherrick
University of Michigan Journal of Law Reform
Part I of this Article outlines the government's approach to civil RICO actions involving labor unions, including an overview of the government's prior civil RICO actions and a summary of the types of issues that often arise in such actions. Part II examines the unique issues involved in a civil RICO action brought by a private plaintiff. The principal issue addressed in this Part is whether a private plaintiff can bring an action under the equitable remedies provisions of the RICO statute. This Part also addresses the issues of how a private plaintiff can gain access to information that may …
Augmenting Erisa With Market Discipline: Transforming Pension Plan Interests Into Securities, Keir N. Dougall
Augmenting Erisa With Market Discipline: Transforming Pension Plan Interests Into Securities, Keir N. Dougall
University of Michigan Journal of Law Reform
Part I of this Note provides general background information about pension plans and details the problems that ERISA creates because of its dependence on trust law. Part II canvasses recent problems in pension plan governance that courts and pension plan members have faced in takeover defense and social investment contexts, demonstrating that ERISA's use of trust law cannot respond adequately to these problems. Parts I and II draw on an analysis of ERISA presented by Professors Fischel and Langbein but argue that their proposals for changing ERISA inadequately address the problems they identify. Part III argues that the economic realities …
Deferral And The Dissident, Paul Alan Levy
Deferral And The Dissident, Paul Alan Levy
University of Michigan Journal of Law Reform
I discuss two examples involving a dissident group, Teamsters for a Democratic Union (TDU), that vividly illustrate the problems with NLRB deferral. I then examine the development and evolution of the NLRB's policies concerning deferral to arbitration. Next, I review the statutory- and policy-based arguments advanced for and against deferral. I attempt to assess the best reasons given for the deferral doctrine, while showing why, at least in its current incarnation, NLRB deferral doctrine is contrary to the requirements of the NLRA. More specifically, I show that, to the extent that deferral has some legitimate basis, it is founded on …
Market-Share Liability After Hymowitz And Conley: Exploring The Limits Of Judicial Power, Christopher J. Mcguire
Market-Share Liability After Hymowitz And Conley: Exploring The Limits Of Judicial Power, Christopher J. Mcguire
University of Michigan Journal of Law Reform
This Note surveys the development of market-share liability and examines the limits on the power of state and federal courts to impose liability on defendants through market-share liability. Part I examines briefly the development of market-share liability in the early 1980s. It then explores how the New York Court of Appeals extended market-share liability in Hymowitz v. Eli Lilly and explores this case's ramifications. Part I also draws on a recent Florida case, Conley v. Boyle Drug Co., for further insight into the problems surrounding market-share liability litigation. Part II argues that jurisdictional limitations, such as standing to sue …
Stemming The Modification Of Child-Support Orders By Responding Courts: A Proposal To Amend Ruresa's Antisupersession Clause, Jane H. Gorham
Stemming The Modification Of Child-Support Orders By Responding Courts: A Proposal To Amend Ruresa's Antisupersession Clause, Jane H. Gorham
University of Michigan Journal of Law Reform
This Note examines the practice of using the Act to modify existing child-support orders. Part I explores the question of whether the Act's enforcement mechanisms were designed to permit the responding court to modify existing support orders. It emphasizes the problems involved with concurrent support orders and modification and describes the range of positions courts have taken to support or oppose allowing responding courts to modify support orders. Part II explores the federal child-support enforcement programs, their interstate applications, and their relationship to the Act's enforcement mechanisms. The analysis in these parts leads to Part III, which proposes an amendment …