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Full-Text Articles in Law

Whither The Wagner Act: On The Waning View Of Labor Law And Leviathan, Brandon R. Magner May 2024

Whither The Wagner Act: On The Waning View Of Labor Law And Leviathan, Brandon R. Magner

Employee Rights and Employment Policy Journal

The National Labor Relations Act’s (NLRA) well-documented weaknesses in substance and enforcement, combined with legislators’ inability to adapt the Act to the modern economy, have understandably created many cynics in the field of labor law. For several decades, legal scholars have almost unanimously derided the NLRA and the agency which administers it, the National Labor Relations Board (NLRB), for failing to prevent rampant anti-union conduct by employers and the collapse of the union formation process through the Board’s election machinery. This “ossification” of the law, as it has come to be known, is considered to be a key contributor to …


Vol. 40, Jenny Lee Apr 2024

Vol. 40, Jenny Lee

The Illinois Public Employee Relations Report

Students for Fair Admissions: A New Standard for Race-Conscious Affirmative Action

By Jenny Lee


Vol. 39, Vol. 4, Nicki Bazer, Jenny Lee Oct 2022

Vol. 39, Vol. 4, Nicki Bazer, Jenny Lee

The Illinois Public Employee Relations Report

Praying at the 50-Yard Line: How Will Kennedy v. Bremerton Impact Public Schools?


Vol. 39, No. 3, Jerry Marzullo, Catherine Humphrey Jul 2022

Vol. 39, No. 3, Jerry Marzullo, Catherine Humphrey

The Illinois Public Employee Relations Report

Possible Wisdom and Wit Regarding the Arbitration of Discipline

By Jerry Marzullo, Esq., and Catherine Humphrey


Vol. 39, No. 2, Nicki Bazer, Stephen A. Yokich Apr 2022

Vol. 39, No. 2, Nicki Bazer, Stephen A. Yokich

The Illinois Public Employee Relations Report

Bargaining in the Time of Covid: How Collective Bargaining Impacts Schools and Their Mitigation Strategies

By Nicki Bazer

Fighting for the Living

By Stephen A. Yokich

Recent Developments

By the Student Editorial Board: Bradley Kupiec, Carrie Kumiega, Damia Marshall, Sara Rash


Vol. 39, No 1, Beverly S. Bunch Jan 2022

Vol. 39, No 1, Beverly S. Bunch

The Illinois Public Employee Relations Report

The Impact of the Pandemic on State and Local Government Budgets

By Beverly S. Bunch

Recent Developments


Vol. 38, No. 4, Jane Flanagan, Scott Lerner Oct 2021

Vol. 38, No. 4, Jane Flanagan, Scott Lerner

The Illinois Public Employee Relations Report

Pandemic State: Navigating the State of Illinois' Response to the Challenges of Covid-19 in the Workplace

by Jane Flanagan and Scott Lerner


Recent Developments


Vol. 38, No. 3, Tom Bradley, Mark Bennett, John R. Russell Jul 2021

Vol. 38, No. 3, Tom Bradley, Mark Bennett, John R. Russell

The Illinois Public Employee Relations Report

Interest Arbitration during Economic and Social Crisis

By Tom Bradley, Mark Bennett, and John R. Russell

Recent Developments


Vol. 38, No. 2, Cass T. Casper Apr 2021

Vol. 38, No. 2, Cass T. Casper

The Illinois Public Employee Relations Report

Emergent Issues in the Law of Employee Terminations

By Cass T. Casper

Recent Developments


Age Diversity, Alexander Boni-Saenz Jan 2021

Age Diversity, Alexander Boni-Saenz

All Faculty Scholarship

This Article is the first to examine age diversity in the legal literature, mapping out its descriptive, normative, and legal dimensions. Age diversity is a plural concept, as heterogeneity of age can take many forms in various human institutions. Likewise, the normative rationales for these assorted age diversities are rooted in distinct theoretical foundations, making the case for or against age diversity contextual rather than universal. A host of legal rules play a significant role in regulating age diversity, influencing the presence of different generations in the workplace, judiciary, and Congress. Better understanding the nature and consequences of age diversity …


Vol. 38, No. 1, Robert Bruno, Nicholas Christen Jan 2021

Vol. 38, No. 1, Robert Bruno, Nicholas Christen

The Illinois Public Employee Relations Report

Educating During a Pandemic: The Role of Collective Bargaining in Going Back to School

By Robert Bruno and Nicholas Christen

Recent Developments


Vol. 37, No. 4, Karl R. Ottosen Dec 2020

Vol. 37, No. 4, Karl R. Ottosen

The Illinois Public Employee Relations Report

One Lawyer's Perspective on 2020 Public Sector Labor Relations and the Impact of Covid-19 and Race Relations

By Karl R. Ottosen

Recent Devlopements


Alt Labor? Why We Still Need Traditional Labor, Martin Malin Sep 2020

Alt Labor? Why We Still Need Traditional Labor, Martin Malin

All Faculty Scholarship

With union density falling to alarmingly low levels and dropping, many have largely written off traditional business unionism and have turned to so-called alt-labor forms of worker empowerment, particularly worker centers. But traditional unions continue to provide valuable service to the workers they represent and to society as a whole. The union wage premium may not be as strong as it once was but it still remains and workers represented by unions are far more likely to have health and retirement benefits than their unrepresented counterparts. Moreover, it is through traditional transactional business unionism, that workers find protection from disagreeable …


Alt Labor? Why We Still Need Traditional Labor, Martin H. Malin Sep 2020

Alt Labor? Why We Still Need Traditional Labor, Martin H. Malin

Chicago-Kent Law Review

No abstract provided.


On-Demand Drivers And The Right To Collective Bargaining: Why Seattle's Ordinance Does Not Violate Federal Antitrust Laws, Jacob Aleknavicius Sep 2020

On-Demand Drivers And The Right To Collective Bargaining: Why Seattle's Ordinance Does Not Violate Federal Antitrust Laws, Jacob Aleknavicius

Chicago-Kent Law Review

No abstract provided.


Alt-Labor And Employment Law: Symposium Introduction, Michael M. Oswalt, Cesar F. Rosado Marzan Sep 2020

Alt-Labor And Employment Law: Symposium Introduction, Michael M. Oswalt, Cesar F. Rosado Marzan

Chicago-Kent Law Review

No abstract provided.


Sustainable Alt-Labor, Catherine L. Fisk Sep 2020

Sustainable Alt-Labor, Catherine L. Fisk

Chicago-Kent Law Review

No abstract provided.


Interagency Merger Review In Labor Markets, Hiba Hafiz Sep 2020

Interagency Merger Review In Labor Markets, Hiba Hafiz

Chicago-Kent Law Review

No abstract provided.


Short Strikes, Michael M. Oswalt Sep 2020

Short Strikes, Michael M. Oswalt

Chicago-Kent Law Review

No abstract provided.


Alt-Enforcers : The Emergence Of State Attorneys General As Workplace Rights Enforcers, Jane R. Flanagan Sep 2020

Alt-Enforcers : The Emergence Of State Attorneys General As Workplace Rights Enforcers, Jane R. Flanagan

Chicago-Kent Law Review

No abstract provided.


Can Wage Boards Revive U.S. Labor?: Marshaling Evidence From Puerto Rico, Cesar F. Rosado Marzan Sep 2020

Can Wage Boards Revive U.S. Labor?: Marshaling Evidence From Puerto Rico, Cesar F. Rosado Marzan

Chicago-Kent Law Review

No abstract provided.


College Athletes In Revenue-Generating Sports As Employees: A Look Into The Alt-Labor Future, Roberto L. Corrada Sep 2020

College Athletes In Revenue-Generating Sports As Employees: A Look Into The Alt-Labor Future, Roberto L. Corrada

Chicago-Kent Law Review

No abstract provided.


The Emerging Law Of Portable Retirement Benefits, Paul M. Secunda Sep 2020

The Emerging Law Of Portable Retirement Benefits, Paul M. Secunda

Chicago-Kent Law Review

No abstract provided.


Milking Outdated Laws: Alt-Labor As A Litigation Catalyst, Kati L. Griffith, Leslie C. Gates Sep 2020

Milking Outdated Laws: Alt-Labor As A Litigation Catalyst, Kati L. Griffith, Leslie C. Gates

Chicago-Kent Law Review

No abstract provided.


Union Decline And Labor Revival In The 21st Century United States, Ruth Milkman Sep 2020

Union Decline And Labor Revival In The 21st Century United States, Ruth Milkman

Chicago-Kent Law Review

No abstract provided.


Vol. 37, No. 3, Jerry J. Marzullo, Joseph Weishampel, David Grady Jul 2020

Vol. 37, No. 3, Jerry J. Marzullo, Joseph Weishampel, David Grady

The Illinois Public Employee Relations Report

A Statement of Facts: The Reality of Public Safety Employee Pension Funds in the State of Illinois

Recent Developments


Vo. 37, No. 2, Bryan Diemer Apr 2020

Vo. 37, No. 2, Bryan Diemer

The Illinois Public Employee Relations Report

What a Long, Strange Trip It’s Been: Marijuana’s Fifty-Year Journey from an Illegal Narcotic to a Lawful Recreational Drug and Whether Workplace Drug Polices Will Now Go Up in Smoke, by Bryan Diemer

Recent Developments


Vol. 37, No. 1, Stephanie Brinson Mar 2020

Vol. 37, No. 1, Stephanie Brinson

The Illinois Public Employee Relations Report

Conflict Resolution for Chicago Police and Community: Healing a Constitutional Crisis at the "Thirteenth Floor" through Native American Reparative Justice

By Stephanie Brinson

Recent Developments


After Janus, Martin Malin, Catherine Fisk Dec 2019

After Janus, Martin Malin, Catherine Fisk

All Faculty Scholarship

The Supreme Court in Janus v. American Federation of State, County, and Municipal Employees, Council 31 upended public sector labor law by finding a novel First Amendment right of public employees to refuse to pay union fees and declaring unconstitutional scores of laws and thousands of labor contracts. This Article assesses the constraints on public sector labor law post-Janus, examines the variety of legislative responses, and proposes a path forward.Janus makes it difficult to address the collective action problem facing all large groups. Although it is in the interest of every member of a group to engage in collective action …


Vol. 36, No. 4, Helen J. Kim Dec 2019

Vol. 36, No. 4, Helen J. Kim

The Illinois Public Employee Relations Report

Which ULP is It?: An Examination of Retaliation under Sections 10(a)(1) and 10(a)(2) of the Illinois Public Relations Act by Helen J. Kim

Recent Developments