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Articles 1 - 3 of 3
Full-Text Articles in Law
Checking The "Trigger-Happy" Congress: The Extraterritorial Extension Of Federal Employment Laws Requires Prudence, Derek G. Barella
Checking The "Trigger-Happy" Congress: The Extraterritorial Extension Of Federal Employment Laws Requires Prudence, Derek G. Barella
Indiana Law Journal
No abstract provided.
Extending Excelsior, Leonard Bierman
Struggling Through The Thicket: Section 301 And The Washington Supreme Court, Mark L. Adams
Struggling Through The Thicket: Section 301 And The Washington Supreme Court, Mark L. Adams
Articles by Maurer Faculty
In this article, Professor Adams examines preemption doctrine under section 301 of the Labor Management Relations Act, focusing primarily on the Washington Supreme Court's 1992 decision in Commodore v. University Mechanical Contractors, Inc. The author traces the history of section 301 cases, comparing two different theories regarding its correct application. Under one theory, an employee's state law claim will be preempted if the underlying right is negotiable or if the employer's defenses implicate the collective bargaining agreement. Under the second theory, an employee's state law claim is preempted only when the right at issue derives from the provisions of a …