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Articles 1 - 30 of 285
Full-Text Articles in Law
Dismantling The Mine Act, William B. Moran
Dismantling The Mine Act, William B. Moran
West Virginia Law Review
No abstract provided.
A Road To Resolution For Federal Whistleblowers' Mixed Case Claims, Devin Redding
A Road To Resolution For Federal Whistleblowers' Mixed Case Claims, Devin Redding
West Virginia Law Review
Since the birth of the United States, whistleblowers have held our nation’s government accountable for illegal, fraudulent, and harmful behavior. The triumphs and failures of whistleblowers are deeply entwined with our nation’s struggle for independence, civil rights, and economic freedom. Nevertheless, employees who bravely expose misdeeds at all levels of our federal government are often bullied and discriminated against on the basis of sex, gender, age, disability, and more. In recent decades, and despite improved whistleblower protections, federal whistleblowers increasingly suffer from adverse employment actions and discrimination as reprisal for their disclosures. Employees looking toward our administrative law systems and …
Content, Context, What's Next? A Garcetti-Pickering Analysis For Public Employees In Court, Austin Longnecker
Content, Context, What's Next? A Garcetti-Pickering Analysis For Public Employees In Court, Austin Longnecker
West Virginia Law Review
No abstract provided.
Enacting Local Workplace Regulations In An Era Of Preemption, Dilini Lankachandra
Enacting Local Workplace Regulations In An Era Of Preemption, Dilini Lankachandra
West Virginia Law Review
Since San Francisco enacted the first paid sick leave ordinance in 2007, cities and counties across the country have quietly emerged as drivers of the modern labor movement. Local governments are now increasingly playing a pivotal role in developing, enacting, and enforcing workplace regulations ranging from local minimum wage increases to LGBTQ-inclusive nondiscrimination ordinances to fair scheduling requirements. As a result, the question of which level of government should have the power to regulate business and protect workers has become a flash point in contemporary state-local conflicts, inciting state legislatures to adopt far-reaching, sweeping preemption laws that eliminate local authority …
On Race, Teacher Activism, And The Right To Work: Historicizing The "Red For Ed" Movement In The American South, Jon N. Hale
On Race, Teacher Activism, And The Right To Work: Historicizing The "Red For Ed" Movement In The American South, Jon N. Hale
West Virginia Law Review
No abstract provided.
Community Orchards And Food Security In Appalachia, Ursula Ramsey
Community Orchards And Food Security In Appalachia, Ursula Ramsey
West Virginia Law Review
No abstract provided.
Another Day Older And Deeper In Debt: Mitigating The Deleterious Effect Of Wage Garnishments On Appalachia's Low-Wage Workers, Faith Mullen
Another Day Older And Deeper In Debt: Mitigating The Deleterious Effect Of Wage Garnishments On Appalachia's Low-Wage Workers, Faith Mullen
West Virginia Law Review
No abstract provided.
Legal Strategies For Economic Empowerment Of Persons In Recovery, Lauren Rogal
Legal Strategies For Economic Empowerment Of Persons In Recovery, Lauren Rogal
West Virginia Law Review
No abstract provided.
Regulation Of Silica: Will Lowering The Exposure Level Cost Jobs Or Improve Public Health?, Elizabeth Ann Glass Geltman
Regulation Of Silica: Will Lowering The Exposure Level Cost Jobs Or Improve Public Health?, Elizabeth Ann Glass Geltman
West Virginia Law Review
No abstract provided.
Abandoning The Stoppage Of Work Inquiry: Why Other States Should Follow West Virginia's Lead On Labor Dispute Disqualification, Will Lorensen
Abandoning The Stoppage Of Work Inquiry: Why Other States Should Follow West Virginia's Lead On Labor Dispute Disqualification, Will Lorensen
West Virginia Law Review
No abstract provided.
Groomed For Exploitation! How Applying The Statutory Definition Of Employee To Cover Division Ia College Football Players Disrupts The Student-Athlete Myth, Anne Marie Lofaso
Groomed For Exploitation! How Applying The Statutory Definition Of Employee To Cover Division Ia College Football Players Disrupts The Student-Athlete Myth, Anne Marie Lofaso
West Virginia Law Review
No abstract provided.
Finalizing The Grand Compromise In West Virginia Workers' Compensation: Repeal Deliberate Intent, Charles R. Russell
Finalizing The Grand Compromise In West Virginia Workers' Compensation: Repeal Deliberate Intent, Charles R. Russell
West Virginia Law Review
No abstract provided.
Square Pegs Do Not Fit In Roun Holes: The Case For A Third Worker Classification For The Sharing Economy And Transportation Network Company Drivers, Carl Shaffer
West Virginia Law Review
No abstract provided.
Finding A Way Out Of No Man's Land: Compensating Mental-Mental Claims And Bringing West Virginia's Workers' Compensation System Into The 21st Century, Logan Burke
West Virginia Law Review
No abstract provided.
Awakening The Spirit Of The Nlra: The Future Of Concerted Activity Through Social Media, Benjamin J. Hogan
Awakening The Spirit Of The Nlra: The Future Of Concerted Activity Through Social Media, Benjamin J. Hogan
West Virginia Law Review
No abstract provided.
Why Don't More Employers Adopt Flexile Working Time?, Robert C. Bird
Why Don't More Employers Adopt Flexile Working Time?, Robert C. Bird
West Virginia Law Review
No abstract provided.
Worker Collective Action In The Digital Age, Jeffrey M. Hirsch
Worker Collective Action In The Digital Age, Jeffrey M. Hirsch
West Virginia Law Review
No abstract provided.
The Cowboy Code Meets The Smash Mouth Truth: Mediations On Worker Incivility, Michael C. Duff
The Cowboy Code Meets The Smash Mouth Truth: Mediations On Worker Incivility, Michael C. Duff
West Virginia Law Review
No abstract provided.
Managing For Social Change: Improving Labor Department Performance In A Partisan Era, Seth D. Harris
Managing For Social Change: Improving Labor Department Performance In A Partisan Era, Seth D. Harris
West Virginia Law Review
No abstract provided.
Mandated Reassignment For The Minimally Qualified, Edward Hood Dawson Iii
Mandated Reassignment For The Minimally Qualified, Edward Hood Dawson Iii
West Virginia Law Review
No abstract provided.
Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry, Patrick R. Baker
Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry, Patrick R. Baker
West Virginia Law Review
No abstract provided.
Significant And Substantial: The History And Continuing Evolution Of One Of The Mine Safety And Health Administration's Principal Enforcement Tools, Maxwell Multer
West Virginia Law Review
The cornerstone of the graduated enforcement scheme enacted to ensure safety in America's mines, significant and substantial has long been one of the Mine Safety and Health Administration's principal enforcement tools. In the 1969 Federal Coal Mine Health and Safety Act, Congress mandated that when a federal mine inspector issues a citation for a violation of a mandatory health or safety standard, the inspector must indicate whether the violation is one that "could significantly and substantially contribute to the cause and effect of a mine safety or health hazard." While Congress provided minimal guidance as to what it intended and …
Can Damages Be Too Damaging Examining Mason County And Its Progeny, Amber Marie Moore
Can Damages Be Too Damaging Examining Mason County And Its Progeny, Amber Marie Moore
West Virginia Law Review
No abstract provided.
Holding Teachers Accountable And Rewarding Those Who Perform: Evaluating A Performance-Based Pay System For West Virginia, Laura K. Omps
Holding Teachers Accountable And Rewarding Those Who Perform: Evaluating A Performance-Based Pay System For West Virginia, Laura K. Omps
West Virginia Law Review
No abstract provided.
West Virginia Courts Attempting To Equitably Distribute Defined Benefit Pension Plans During Divorce Proceedings: An Examination Of The Immediate Offset And Deferred Distribution Methods, Alex Greenberg
West Virginia Law Review
No abstract provided.
Protecting Your Rights, But Not Your Paycheck: How Executive Compensation Regulation Passes Constitutional Muster, Sarah B. Patterson
Protecting Your Rights, But Not Your Paycheck: How Executive Compensation Regulation Passes Constitutional Muster, Sarah B. Patterson
West Virginia Law Review
No abstract provided.
Multiemployer Bargaining And Monopoly: Labor-Management Collusion And A Partial Solution, Anthony B. Sanders
Multiemployer Bargaining And Monopoly: Labor-Management Collusion And A Partial Solution, Anthony B. Sanders
West Virginia Law Review
Multiemployer collective bargaining relationships between un- ions and employer associations easily devolve into legalized cartels. Once unions establish themselves as the bargaining representative for employers' employees, the employers have much to gain from banding together as an association, raising their prices and eliminating non-union competition, with unions happily serving as enforcement agents in the scheme. In return, unions receive a share of the increased oligopolistic profits in the form of higher wages and benefits. A threat to such a cartel is an employer who wants to bargain with the union but does not want to accept the terms the associ- …
Unsafe Workplace, Injured Employees, And The Bizarre Bifurcation Of Section 7 Of The National Labor Relations Act, David L. Gregory
Unsafe Workplace, Injured Employees, And The Bizarre Bifurcation Of Section 7 Of The National Labor Relations Act, David L. Gregory
West Virginia Law Review
No abstract provided.
Approaching Coal Mine Safety From A Comparative Law And Interdisciplinary Perspective, Anne Marie Lofaso
Approaching Coal Mine Safety From A Comparative Law And Interdisciplinary Perspective, Anne Marie Lofaso
West Virginia Law Review
No abstract provided.
Dedication, Joyce E. Mcconnell