Law Commons^™

Sports Scandals From The Top-Down: Comparative Analysis Of Management, Owner, And Athlete Discipline In The Nfl & Nba, Jaimie K. Mcfarlin, Joshua S.E. Lee

Jaimie K. McFarlin

This article serves to discuss the current landscape of professional sports discipline and commissioner power in the NFL & NBA, specifically understanding the discipline of management and ownership in the major leagues as compared to player discipline when franchise ownership interests and commissioner power conflict. Furthermore, these particular events illuminate the differences between discipline in professional sports and non-sports contexts.

Testing The Effects Of Striker Replacement And Employer Implementation Of Final Offers On Employer And Union Bargaining Power, Ellen Dannin

Ellen Dannin

Many sorts of quantitative and qualitative empirical research are regularly used to answer questions related to work and workplace issues. However, some issues involving human behavior may be difficult to capture using standard empirical methods. Common barriers include access to people or information; problems with accurate or honest reporting; behavior that occurs over long periods of time; cost; and ethical barriers as to research using human subjects.

Important information related to collective bargaining can be difficult to collect for all of these reasons. Participants in collective bargaining may not want outsiders present for all or critical parts of negotiations. They …

Testing The Effects Of Striker Replacement And Employer Implementation Of Final Offers On Employer And Union Bargaining Power, Ellen Dannin

Ellen Dannin

Many sorts of quantitative and qualitative empirical research are regularly used to answer questions related to work and workplace issues. However, some issues involving human behavior may be difficult to capture using standard empirical methods. Common barriers include access to people or information; problems with accurate or honest reporting; behavior that occurs over long periods of time; cost; and ethical barriers as to research using human subjects.

Important information related to collective bargaining can be difficult to collect for all of these reasons. Participants in collective bargaining may not want outsiders present for all or critical parts of negotiations. They …

Summer Of 2011: Should The National Basketball Player's Association Shoot Or Pass On Union Decertification?, Jorge H. Salazar

Jorge H Salazar

The enclosed article examines the collective bargaining negotiations between the National Basketball Association (NBA) and the National Basketball Player's Association (NBPA), whose current collective bargaining agreement (CBA) expires at the end of the present season. The article first details the NBA’s labor history, highlighting past CBA negotiations. Next, the article supplies an understanding of what is at stake in the parties’ negotiations. The article then analyzes the merits of union decertification, in order to circumvent the Nonstatutory Labor Exemption, and antitrust litigation as a NBPA bargaining tactic. Finally, the article provides a recommendation as to whether the NBPA should decertify …

Employee "Free" Choice In The Mirror Of Liberty, Fairness And Social Welfare, Harry G. Hutchison

Harry G. Hutchison

The publication of Richard Epstein’s book, THE CASE AGAINST THE EMPLOYEE FREE CHOICE ACT provides an opportunity to reconsider (A) the movement to displace the regime of judge-made law that had previously governed labor relationships, (B) the purpose of the NLRA and (C) the revolutionary implications of the effort to transform the NLRA into a law that places its thumb on the scale in favor of unionization. Describing the central provisions of the Employee Free Choice Act (EFCA), its economic consequences, its constitutional implications, and its connection to the decline of unionism, Epstein offers a balanced portrayal of the EFCA …