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Full-Text Articles in Law
Survey Of (Mostly Outdated And Often Ineffective) Laws Affecting Work-Related Monitoring, Robert Sprague
Survey Of (Mostly Outdated And Often Ineffective) Laws Affecting Work-Related Monitoring, Robert Sprague
Chicago-Kent Law Review
This article reviews various laws that affect work-related monitoring. It reveals that most of our privacy laws were adopted well before smartphones and the Internet became ubiquitous; they still hunt for physical secluded locations; and, because they are based on reasonable expectations of privacy, they can easily be circumvented by employer policies that eliminate that expectation by informing workers they have no right to privacy in the workplace. This article concludes that the future—indeed the present—does not bode well for worker privacy.
Collective Representation And Employee Voice In The U.S. Public Sector Workplace: Looking North For Solutions?, Martin H. Malin
Collective Representation And Employee Voice In The U.S. Public Sector Workplace: Looking North For Solutions?, Martin H. Malin
All Faculty Scholarship
Legislation enacted in many states following the 2010 elections in the United States strengthened unilateral public employer control and weakened employee voice. This rebalancing of power occurred in the context of state public employee labour relations acts modeled on the National Labor Relations Act (NLRA), but with a narrower scope of bargaining than in the private sector. This narrow scope channels unions’ voice away from the quality of public services and towards protecting members from the effects of decisions unilaterally imposed by management. The Supreme Court of Canada has held that the freedom of association guaranteed by the Charter of …
Danbury Hatters In Sweden: An American Perspective Of Employer Remedies For Illegal Collective Actions, César F. Rosado Marzán, Margot Nikitas
Danbury Hatters In Sweden: An American Perspective Of Employer Remedies For Illegal Collective Actions, César F. Rosado Marzán, Margot Nikitas
All Faculty Scholarship
The European Court of Justice's ("ECJ") Laval quartet held that worker collective actions that impacted freedom of services and establishment in the E.U. violated E.U. law. After Laval, the Swedish Labor Court imposed exemplary or punitive damages on labor unions for violating E.U. law. These cases have generated critical discussions regarding not only the proper balance between markets and workers’ freedom of association, but also what should be the proper remedies for employers who suffer illegal actions by labor unions under E.U. law. While any reforms to rebalance fundamental freedoms as a result of the Laval quartet will have to …
Punishment And Work Law Compliance: Lessons From Chile, César F. Rosado Marzán
Punishment And Work Law Compliance: Lessons From Chile, César F. Rosado Marzán
All Faculty Scholarship
Workplace law activists and reformers find it increasingly more difficult to obtain redress for violation of workers’ rights. Some of them are calling for stricter enforcement and tougher penalties to bring employers into compliance. However, after seven and half months of participant observation at the Labor Directorate and the labor courts of Chile, institutions that use punishment as their main tools of enforcement, I am skeptical about the likelihood of success of mere punishment for effective workplace law enforcement and compliance. I am skeptical even though Chile is a country recognized as the Latin American “jaguar” for its successful economy …
The Legislative Upheaval In Public-Sector Labor Law: A Search For Common Elements, Martin H. Malin
The Legislative Upheaval In Public-Sector Labor Law: A Search For Common Elements, Martin H. Malin
All Faculty Scholarship
No abstract provided.
The Evolving Schizophrenic Nature Of Labor Arbitration, Martin H. Malin
The Evolving Schizophrenic Nature Of Labor Arbitration, Martin H. Malin
All Faculty Scholarship
No abstract provided.
The Canadian Auto Workers--Magna International 'Framework For Fairness' Agreement: A U.S. Perspective (Symposium), Martin H. Malin
The Canadian Auto Workers--Magna International 'Framework For Fairness' Agreement: A U.S. Perspective (Symposium), Martin H. Malin
All Faculty Scholarship
No abstract provided.
The Paradox Of Public Sector Labor Law, Martin H. Malin
The Paradox Of Public Sector Labor Law, Martin H. Malin
All Faculty Scholarship
No abstract provided.
Of Labor Inspectors And Labors Judges: Chilean Labor Law Enforcement After Pinochet (And What The United States Can Do To Help) (Symposium), César F. Rosado Marzán
Of Labor Inspectors And Labors Judges: Chilean Labor Law Enforcement After Pinochet (And What The United States Can Do To Help) (Symposium), César F. Rosado Marzán
All Faculty Scholarship
No abstract provided.
Pirates Of The Caribbean: The Seiu's Failed Bid In Puerto Rico, César F. Rosado Marzán
Pirates Of The Caribbean: The Seiu's Failed Bid In Puerto Rico, César F. Rosado Marzán
All Faculty Scholarship
No abstract provided.
Do Cognitive Biases Affect Adjudication?: A Study Of Labor Arbitrators (With Monica Biernat), Martin H. Malin, Monica Biernat
Do Cognitive Biases Affect Adjudication?: A Study Of Labor Arbitrators (With Monica Biernat), Martin H. Malin, Monica Biernat
All Faculty Scholarship
Labor arbitrators were presented with four cases to decide, each involving a challenge to discipline or discharge of an employee resulting from a work-family conflict. Arbitrators were randomly given versions of the cases in which the gender and one other characteristivc of the employee were varied. The results showed little evidence of direct gender bias in decision-making but did reflect bias against single parents and employees with eldercare, as opposed to childcare, responsibilities. Implications for other adjudicators, including judges, jurors and administrative agency officials are discussed.
Revisiting The Meltzer-Howlett Debate On External Law In Labor Arbitration: Is It Time For Courts To Declare Howlett The Winner?, Martin H. Malin
Revisiting The Meltzer-Howlett Debate On External Law In Labor Arbitration: Is It Time For Courts To Declare Howlett The Winner?, Martin H. Malin
All Faculty Scholarship
No abstract provided.
Derecho Laboral Y Organización Sindical En Puerto Rico, César F. Rosado Marzán
Derecho Laboral Y Organización Sindical En Puerto Rico, César F. Rosado Marzán
All Faculty Scholarship
No abstract provided.
Derechos Mancos Para Manos Obreras: Cómo El Derecho Laboral Y La Economía Impactan La Organización Sindical En Puerto Rico, César F. Rosado Marzán
Derechos Mancos Para Manos Obreras: Cómo El Derecho Laboral Y La Economía Impactan La Organización Sindical En Puerto Rico, César F. Rosado Marzán
All Faculty Scholarship
No abstract provided.
Solidarity Or Colonialism? The Polemic Of "Labor Colonialism", César F. Rosado Marzán
Solidarity Or Colonialism? The Polemic Of "Labor Colonialism", César F. Rosado Marzán
All Faculty Scholarship
No abstract provided.
The Evolving Role Of The Labor Arbitrator (With J. Vonhof), Martin H. Malin
The Evolving Role Of The Labor Arbitrator (With J. Vonhof), Martin H. Malin
All Faculty Scholarship
No abstract provided.
Successful Wage Moderation: Trust, Labor Market Centralization, And Wage Moderation In Puerto Rico's Experience With Export-Led Development, César F. Rosado Marzán
Successful Wage Moderation: Trust, Labor Market Centralization, And Wage Moderation In Puerto Rico's Experience With Export-Led Development, César F. Rosado Marzán
All Faculty Scholarship
No abstract provided.
Book Review, Success Through Political Action: Collective Bargaining In The Private Sector (Paul F. Clark Et Al. Eds.), César F. Rosado Marzán
Book Review, Success Through Political Action: Collective Bargaining In The Private Sector (Paul F. Clark Et Al. Eds.), César F. Rosado Marzán
All Faculty Scholarship
No abstract provided.
El Impacto Del Arbitraje En Los Patrones Huelgarios De Puerto Rico, 1956-1995, César F. Rosado Marzán
El Impacto Del Arbitraje En Los Patrones Huelgarios De Puerto Rico, 1956-1995, César F. Rosado Marzán
All Faculty Scholarship
No abstract provided.
The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces (With Martin H. Malin), Henry H. Perritt Jr.
The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces (With Martin H. Malin), Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces, (With Henry H. Perritt, Jr.), Martin H. Malin
The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces, (With Henry H. Perritt, Jr.), Martin H. Malin
All Faculty Scholarship
No abstract provided.
Keeping The Government Out Of The Way: Project Labor Agreements Under The Supreme Court's Boston Harbor Decision, Henry H. Perritt Jr.
Keeping The Government Out Of The Way: Project Labor Agreements Under The Supreme Court's Boston Harbor Decision, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Afterword: Labor Law Reform: Waiting For Congress?, Martin H. Malin
Afterword: Labor Law Reform: Waiting For Congress?, Martin H. Malin
All Faculty Scholarship
No abstract provided.
Privatizing Justice: A Jurisprudential Perspective On Labor And Employment Arbitration From The Steelworkers Trilogy To Gilmer (With R. Ladenson), Martin H. Malin
Privatizing Justice: A Jurisprudential Perspective On Labor And Employment Arbitration From The Steelworkers Trilogy To Gilmer (With R. Ladenson), Martin H. Malin
All Faculty Scholarship
No abstract provided.
Public Employees' Rights To Strike: Law And Experience, Martin H. Malin
Public Employees' Rights To Strike: Law And Experience, Martin H. Malin
All Faculty Scholarship
No abstract provided.
The Supreme Court And The Duty Of Fair Representation, Martin H. Malin
The Supreme Court And The Duty Of Fair Representation, Martin H. Malin
All Faculty Scholarship
No abstract provided.
Foreword: Labor Arbitration Thirty Years After The Steelworkers Trilogy, (Symposium Editor), Martin H. Malin
Foreword: Labor Arbitration Thirty Years After The Steelworkers Trilogy, (Symposium Editor), Martin H. Malin
All Faculty Scholarship
No abstract provided.
Aspects Of Labor Law Affecting Labor-Management Cooperation In The Railroad And Airline Industries, Henry H. Perritt Jr.
Aspects Of Labor Law Affecting Labor-Management Cooperation In The Railroad And Airline Industries, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
The Evolving Law Of Agency Shop In The Public Sector, Martin H. Malin
The Evolving Law Of Agency Shop In The Public Sector, Martin H. Malin
All Faculty Scholarship
No abstract provided.
The Legal Status Of Union Security Fee Arbitration After Chicago Teachers Union V. Hudson, Martin H. Malin
The Legal Status Of Union Security Fee Arbitration After Chicago Teachers Union V. Hudson, Martin H. Malin
All Faculty Scholarship
No abstract provided.