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Articles 31 - 60 of 137
Full-Text Articles in Law
The Effort To Stop Abuse Of Foreign Workers In The U.S. Commonwealth Of The Northern Mariana Islands, Greg Holloway
The Effort To Stop Abuse Of Foreign Workers In The U.S. Commonwealth Of The Northern Mariana Islands, Greg Holloway
Washington International Law Journal
This comment examines the problem of foreign worker abuse in the U.S. Commonwealth of the Northern Mariana Islands ("NMI"). The United States and the NMI have a unique relationship governed by an agreement known as the "Covenant." The Covenant creates fundamental barriers which will limit the effectiveness of federal efforts to resolve the foreign worker abuse problem in the NMI. This comment demonstrates that a balanced effort of prosecutions by both governments under U.S. federal labor law and NMI criminal law is needed to protect the well being of foreign workers in the NMI.
Employment Law Dilemmas: What To Do When The Law Forbids Compliance, Steven C. Bednar
Employment Law Dilemmas: What To Do When The Law Forbids Compliance, Steven C. Bednar
Brigham Young University Journal of Public Law
No abstract provided.
Covenants Not To Compete In Utah: A Useful Tool For Employers, Carolyn Cox
Covenants Not To Compete In Utah: A Useful Tool For Employers, Carolyn Cox
Brigham Young University Journal of Public Law
No abstract provided.
Re Coca-Cola Bottling Ltd And Retail, Wholesale And Department Store Union, Local 1065, Innis Christie
Re Coca-Cola Bottling Ltd And Retail, Wholesale And Department Store Union, Local 1065, Innis Christie
Innis Christie Collection
Union policy grievances alleging breach of the Collective Agreement between the Union and T.C.C. Bottling Ltd., amended and kept in force between these parties by the Memorandum of Agreement dated October 19, 1993, which the parties agreed is the Collective Agreement that governs this matter, and in particular of Articles 2, 8, 13 and 22, in that the Employer employed people who were not union members to do bargaining work in the service department. The Union requested that the Employer be ordered to pay damages to employees on lay-off who should have done the work in question.
Critical Race Praxis: Race Theory And Political Lawyering Practice In Post-Civil Rights America, Eric K. Yamamoto
Critical Race Praxis: Race Theory And Political Lawyering Practice In Post-Civil Rights America, Eric K. Yamamoto
Michigan Law Review
At the end of the twentieth century, the legal status of Chinese Americans in San Francisco's public schools turns on a requested judicial finding that a desegregation order originally designed to dismantle a system subordinating nonwhites now invidiously discriminates against Chinese Americans. Brian Ho, Patrick Wong, and Hilary Chen, plaintiffs in Ho v. San Francisco Unified School District, represent "all [16,000] children of Chinese descent" eligible to attend San Francisco's public schools. Their high-profile suit, filed by small-firm attorneys, challenges the validity of a 1983 judicial consent decree desegregating San Francisco's schools. Approved in response to an NAACP class action …
Protections For Erisa Self-Insured Employee Welfare Benefit Plan Participants: New Possibilities For State Action In The Event Of Plan Failure, Mark A. Edwards
Protections For Erisa Self-Insured Employee Welfare Benefit Plan Participants: New Possibilities For State Action In The Event Of Plan Failure, Mark A. Edwards
Faculty Scholarship
Employees who receive health benefits through ERISA self-insured plans need protection when self-insured plans fail. Because of the breadth of ERISA preemption, states have been unable to assess ERISA self-insured plans for contribution to state insurance guaranty funds, and thus have been unable to include those employees in the protection of those funds. Further, attempts at federal reform to protect these employees have failed to garner support. However, under the recent Travelers, United Wire, and Safeco decisions, it may be possible for states to assess ERISA self-insured funds and their participants through a combination of hospital use surcharges and taxes …
The Failure Of Gissel Bargaining Orders, Terry A. Bethel, Catherine Melfi
The Failure Of Gissel Bargaining Orders, Terry A. Bethel, Catherine Melfi
Hofstra Labor & Employment Law Journal
No abstract provided.
Employee Involvement Programs And Electromation: Is The Team Act The Solution?, Ralph A. Petruzzo
Employee Involvement Programs And Electromation: Is The Team Act The Solution?, Ralph A. Petruzzo
Hofstra Labor & Employment Law Journal
No abstract provided.
Protection Of Existing Workers And The Implementation Of "Workfare", Patricia A. Quigley
Protection Of Existing Workers And The Implementation Of "Workfare", Patricia A. Quigley
Hofstra Labor & Employment Law Journal
No abstract provided.
Why Doma And Not Enda?: A Review Of Recent Federal Hostility To Expand Employment Rights And Protection Beyond Traditional Notions, Pat P. Putignano
Why Doma And Not Enda?: A Review Of Recent Federal Hostility To Expand Employment Rights And Protection Beyond Traditional Notions, Pat P. Putignano
Hofstra Labor & Employment Law Journal
No abstract provided.
Chadris, Inc. V. Latsis And The Test For Seaman Status: The Supreme Court Muddies The Waters Again, Anne Norris Graham
Chadris, Inc. V. Latsis And The Test For Seaman Status: The Supreme Court Muddies The Waters Again, Anne Norris Graham
William & Mary Law Review
No abstract provided.
The "Undifferentiating Libido": A Need For Federal Legislation To Prohibit Sexual Harassment By A Bisexual Sexual Harasser, Robin Applebaum
The "Undifferentiating Libido": A Need For Federal Legislation To Prohibit Sexual Harassment By A Bisexual Sexual Harasser, Robin Applebaum
Hofstra Labor & Employment Law Journal
No abstract provided.
Legislative Intent And Impasse Resolution Under The National Labor Relations Act: Does Law Matter?, Ellen J. Dannin
Legislative Intent And Impasse Resolution Under The National Labor Relations Act: Does Law Matter?, Ellen J. Dannin
Hofstra Labor & Employment Law Journal
No abstract provided.
Arbitration Of Statutory Claims In A Union Setting: History, Controversy And A Simpler Solution, Janet Mceneaney
Arbitration Of Statutory Claims In A Union Setting: History, Controversy And A Simpler Solution, Janet Mceneaney
Hofstra Labor & Employment Law Journal
No abstract provided.
Creating A Beck Statute: Recent Congressional Attempts And A Proposal For The Future, Eric J. Felsberg
Creating A Beck Statute: Recent Congressional Attempts And A Proposal For The Future, Eric J. Felsberg
Hofstra Labor & Employment Law Journal
No abstract provided.
Maintaining Employees' Privacy Of Hiv And Aids Information In The Workplace, Erika L. Greenfield
Maintaining Employees' Privacy Of Hiv And Aids Information In The Workplace, Erika L. Greenfield
Hofstra Labor & Employment Law Journal
No abstract provided.
Confusion At The National Labor Relations Board: The Misapplication Of Board Precedent To Resolve The Yale University Grade-Strike, Stephen L. Ukeiley
Confusion At The National Labor Relations Board: The Misapplication Of Board Precedent To Resolve The Yale University Grade-Strike, Stephen L. Ukeiley
Hofstra Labor & Employment Law Journal
No abstract provided.
Where Are We Now?: Life After Electromation, Rafael Gely
Where Are We Now?: Life After Electromation, Rafael Gely
Hofstra Labor & Employment Law Journal
No abstract provided.
Principles Of Agency Permit The Nlrb To Consider Additional Factors Of Entrepreneurial Independence And The Relative Dependence Of Employees When Determining Independent Contractor Status Under Section 2(3), Ruth Burdick
Hofstra Labor & Employment Law Journal
No abstract provided.
Insurance Coverage Of Employment Discrimination Claims, Francis J. Mootz Iii
Insurance Coverage Of Employment Discrimination Claims, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.
Fraudulent, Negligent, And Innocent Misrepresentation In The Employment Context: The Deceitful, Careless, And Thoughtless Employer, Frank J. Cavico
Fraudulent, Negligent, And Innocent Misrepresentation In The Employment Context: The Deceitful, Careless, And Thoughtless Employer, Frank J. Cavico
Campbell Law Review
This article strives to sort through the sundry ramifications of the law of misrepresentation. Accordingly, the three major classifications of misrepresentation - fraudulent, negligent, and innocent - will be differentiated clearly and then examined extensively. The elements constituting each category of misrepresentation action will be explained and illustrated. The article will focus upon the nature and extent of the tort action available to an aggrieved party who was induced to enter into a transaction or relationship by the misrepresentation of another. This tort analysis will include not only the traditional cause of action of deceit, but also the emerging tort …
Ending Welfare, Leaving The Poor To Face New Risk, Jeffrey S. Lehman, Sheldon Danziger
Ending Welfare, Leaving The Poor To Face New Risk, Jeffrey S. Lehman, Sheldon Danziger
Cornell Law Faculty Publications
No abstract provided.
"Let's Call It A Draw": Striker Replacements And The Mackay Doctrine, Rafael Gely, Leonard Bierman
"Let's Call It A Draw": Striker Replacements And The Mackay Doctrine, Rafael Gely, Leonard Bierman
Faculty Publications
In a recent article we discuss the issue of the use of permanent replacements for striking employees under the National Labor Relations Act (NLRA) Our discussion focuses on the efficiency aspects of the seminal 1938 case of NLRB v. Mackay Radio and Telegraph Co. In the article, we propose a “negotiations” approach, which we argue is likely to result in a more economically efficient interpretation of the Mackay doctrine. As has been the case with other proposals made with respect to this very contentious issue, our proposal has confronted some criticism. Professor William R. Corbett, in a recent piece in …
Whose Team Are You On? My Team Or My Team?: The Nlra's Section 8(A)(2) And The Team Act, Rafael Gely
Whose Team Are You On? My Team Or My Team?: The Nlra's Section 8(A)(2) And The Team Act, Rafael Gely
Faculty Publications
This article analyzes employee participatory programs from the internal labor markets perspective. Internal Labor Markets (“ILM”) refer to the explicit or implicit agreements between employer and employees incorporating rules governing wages, working hours, promotion opportunities and grievance procedures. In order to function properly, ILMs require employees to learn skills that are valuable to the contracting firm, but are of much lesser value elsewhere. Employees agree to acquire such “firm-specific” skills and employers agree to subsidize the training needed to obtain these new skills. It is a mutually beneficial arrangement: employers expect to observe increases in productivity and efficiency and employees …
Relativism, Reflective Equilibrium, And Justice, Justin Schwartz
Relativism, Reflective Equilibrium, And Justice, Justin Schwartz
Justin Schwartz
THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.
The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …
If It Can't Be Lake Woebegone...A Nationwide Survey Of Law School Grading And Grade Normalization Practices, Nancy Levit, Robert Downs
If It Can't Be Lake Woebegone...A Nationwide Survey Of Law School Grading And Grade Normalization Practices, Nancy Levit, Robert Downs
Nancy Levit
This article explores various methods of grade normalization used by law schools. Based on a survey of 116 responding ABA accredited law schools, 84% have some form of grade normalization policy, and the trend is toward adoption of grade normalization. The survey assessed the types of normalization plans (distributional requirements, required means, required medians, set standard deviations, and informal policies), as well as the reasons schools have adopted such plans. It also inquired about methods for ensuring faculty compliance as well as justifications for departures from grade norms.
The article considers and responds to the arguments against grade normalization and …
Working For Women's Employment Rights In Poland, Kristin Long
Working For Women's Employment Rights In Poland, Kristin Long
Circles: Buffalo Women's Journal of Law and Social Policy
No abstract provided.
The Personal Responsibility And Work Opportunity Act Of 1996: Poison Pills For Legal Immigrants, Meredith Barton, Deborah M. Chandler
The Personal Responsibility And Work Opportunity Act Of 1996: Poison Pills For Legal Immigrants, Meredith Barton, Deborah M. Chandler
Richmond Journal of Law and the Public Interest
Former president Ronald Reagan's vision of America as this shining city ended Thursday, August 23, 1996, when President Bill Clinton signed his name to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, considered the most farreaching welfare reform package in history. Although the Congressional Budget Office (CBO) estimates that the federal government will save over $57 billion between fiscal year 1997 and fiscal year 2002, this welfare reform package profoundly impacts immigrants, particularly legal immigrants. Overall 44% of federal savings (approximately $23.8 billion) stems from denying public assistance benefits to legal immigrants. This new welfare legislation directly …
Limiting Liability Through Education: Do School Districts Have A Responsibility To Teach Students About Peer Sexual Harassment?, Diane M. Welsh
Limiting Liability Through Education: Do School Districts Have A Responsibility To Teach Students About Peer Sexual Harassment?, Diane M. Welsh
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Human Genome Project: The Road To Our Improved Health Or The New Civil Rights Movement, Danielle Leventhal
The Human Genome Project: The Road To Our Improved Health Or The New Civil Rights Movement, Danielle Leventhal
Hofstra Labor & Employment Law Journal
No abstract provided.