Law Commons^™

First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton

Erwin Chemerinsky

No abstract provided.

Emmanuel Francis: The Prospects And Challenges Of The Union Between Tanganyika And Zanzibar, Ubuntu Institute Students

Ubuntu Institute Students

In over half a century of its existence, the Union between Tanganyika and Zanzibar has obviously achieved some of its goals and has fallen short of its prospects. Emmanuel Francis, explores the prospects and challenges of the Union

Political Abuse Of Hiring Halls: Comparative Treatment Under The Nlra And The Lmrda, Barbara J. Fick

Barbara J. Fick

Union hiring halls provide the essential service of referring qualified job applicants to immediate job opportunities in many industries. Unfortunately, opportunities sometimes exist for union leaders to abuse hiring hall mechanisms by manipulating applicant referrals to favor friends and disfavor political enemies. The author discusses hiring hall mechanisms and opportunities for their abuse as well as the prevailing legal theories under which abusive practices may be combatted. She first focuses on NLRA provisions which forbid union conduct causing a person to be discriminated against in employment. She then discusses LMRDA provisions protecting union members' internal union political conduct. She argues …

The Principles Of Constitutional Government In The European Union, Giorgi Alasania

Giorgi Alasania

Sexual Citizenship And The Civil Union Act 2004, Nan Seuffert

Professor Nan Seuffert

This article analyses the parliamentary debates on the Civil Union Act 2004, which provides for legal recognition of same sex relationships, for stories of national identity. A close reading of the parliamentary debates on the Act suggests that although the supporters and opponents of the legislation seemed to be worlds apart, many told similar stories about New Zealand as a nation, and citizens within that nation, emphasising similar values and aspirations. Both sides told stories of citizens, of New Zealanders, as tolerant and fair, as forwarding-looking progressives who value stable long-term, committed relationships, warm loving communities for children, and strong …

Improved Metrics For Workplace Dispute Resolution Procedures: Efficiency, Equity, And Voice, John W. Budd, Alexander Colvin

Alexander Colvin

Many debates surround systems for resolving workplace disputes. In the United States, traditional unionized grievance procedures, emerging nonunion dispute resolution systems, and the court-based system for resolving employment law disputes have all been criticized. What is missing from these debates are rich metrics beyond speed and satisfaction for comparing and evaluating dispute resolutions systems. In this paper, we develop efficiency, equity, and voice as these standards. Unionized, nonunion, and employment law procedures are then qualitatively evaluated against these three metrics.

Employee Voice, Human Resource Practices, And Quit Rates: Evidence From The Telecommunications Industry, Rosemary Batt, Alexander J.S. Colvin, Jeffrey Keefe

Alexander Colvin

The authors draw on strategic human resource and industrial relations theories to identify the sets of employee voice mechanisms and human resource practices that are likely to predict firm-level quit rates, then empirically evaluate the predictive power of these variables using data from a 1998 establishment level survey in the telecommunications industry. With respect to alternative voice mechanisms, they find that union representation predicts lower quit rates, even after they control for compensation and a wide range of other human resource practices that may be affected by collective bargaining. Also predicting lower quit rates is employee participation in offline problem-solving …

Immigration Policy And Low Wage Workers: The Influence Of American Unionism, Vernon Briggs

Vernon M Briggs Jr

Public testimony by Prof. Briggs given at the Hearing before the Subcommittee on Immigration, Border Security, and Claims of the Committee on the Judiciary, House of Representatives, October 30, 2003.

Immigration Policy And Low Wage Workers: The Influence Of American Unionism, Vernon Briggs

Vernon M Briggs Jr

Public testimony by Prof. Briggs given at the Hearing before the Subcommittee on Immigration, Border Security, and Claims of the Committee on the Judiciary, House of Representatives, October 30, 2003.

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 …

Breaking Ranks: On Military Spending, Unions Hear A Different Drummer, Lance A. Compa

Lance A Compa

[Excerpt] What remains to be seen is whether the labor movement's study of military spending will uncover the unions' material self-interest in reducing it, and in conveying that interest to the membership. For besides its general damage to the economy, which is now recognized even by many conservatives, the big, endless military buildup also threatens to inflict fatal damage on the trade union movement and its individual unions—not just indirectly but directly and concretely, in the form of fewer members, fewer contracts, fewer organizing victories, and less political power for working people. In effect, the Reagan Administration's plan to boost …

Towards A Stakeholder-Shareholder Theory Of Corporate Governance: A Comparative Analysis, Katharine Jackson

Katharine Jackson

The governance regime of the public corporation in America, while tending to promote the concentration of economic and social power in company leadership, often encourages that leadership to advance the interests of their company’s short-term shareholders. The result is a board of directors beholden, if to anything at all, to short-term stock prices. This prioritization often comes at the expense of the corporation’s long-term sustainability and to its other constituents: its work force, creditors, and community. In contrast, governance in Continental European countries like Germany persuades corporate leadership to embrace social obligations and long-term outlooks through, e.g., enforced stakeholder representation …

[Review Of The Book We Can’T Eat Prestige: The Women Who Organized Harvard], Richard W. Hurd

Richard W Hurd

[Excerpt] In 1988 the fifteen-year campaign to organize office and laboratory workers at Harvard University ended with an NLRB election win. We Can't Eat Prestige is the most comprehensive examination to date of this compelling story, offering new detail and sufficiently bold assertions to re-ignite a smoldering debate about what this victory means for the future of unions. The author is a highly regarded journalist with thirty years of experience reporting on labor issues. Predictably, the book is extraordinarily well written, weaving a fascinating story of the union's evolution.

Organizing And Representing Clerical Workers: The Harvard Model, Richard W. Hurd

Richard W Hurd

[Excerpt] The private sector clerical work force is largely nonunion, simultaneously offering the labor movement a major source of potential membership growth and an extremely difficult challenge. Based on December 1990 data, there are eighteen million workers employed in office clerical, administrative support, and related occupations. Eighty percent of these employees are women, accounting for 30 percent of all women in the labor force. Among private sector office workers, 57 percent work in the low-union-density industry groups of services (only 5.7 percent union) and finance, insurance, and real estate (only 2.5 percent union). With barely over ten million total private …

Wege Zur Transformation Gewerkschaftlicher Organisationsstrukturen, Martin Behrens, Richard W. Hurd, Jeremy Waddington

Richard W Hurd

[Excerpt] Bei einer länderübergreifenden Betrachtung erweist sich die Neubelebung der Arbeiterbewegung als ein komplexer Prozess des Wandels, der je nach soziopolitischem und ökonomischem Kontext variiert.Zwar lassen sich zahlreiche, vielfältige Gewerkschaftsstrategien und Ergebnisse beobachten, aber dennoch sind in den meisten der untersuchten Länder (Deutschland, Italien, Spanien, Großbritannien, USA) verschiedene Formen der strukturellen Anpassung, wie Zusammenschlüsse und Übernahmen, sowie eine „Rationalisierung“ der internen Gewerkschaftsstrukturen übliche Elemente der Revitalisierungsbemühungen. Auch wenn viele Ansätze zur Veränderung der Gewerkschaftsstrukturen auf der Strecke blieben, so bleiben doch noch eine Reihe von Fällen bei denen Reformen zu den positive Ergebnissen führten,welche die Arbeitnehmerschaft dringend benötigte.

The Failure Of Organizing, The New Unity Partnership And The Future Of The Labor Movement, Richard W. Hurd

Richard W Hurd

[Excerpt] The New Unity Partnership (NUP) has stirred up a firestorm of controversy in union circles. Its inception can be traced to the July 4th holiday in 2003 when five national union presidents gathered for a candid private discussion about the future of the labor movement. The motivation for the summit was concern about the collective inability of unions to reverse their fading fortunes. At this and subsequent meetings the unions considered structural and strategic options to promote union growth, ultimately committing to a form of mutual aid pact to pool resources for coordinated organizing initiatives and to support each …

Contesting The Dinosaur Image: The Labor Movement’S Search For A Future, Richard W. Hurd

Richard W Hurd

[Excerpt] But the increased effectiveness of labor's political activities has not resulted in major improvements legislatively, and now there is a hostile President who opposes nearly every aspect of the union policy agenda. The promise for the future lies in the demonstrated ability to mobilize at the grassroots. But there are recent signs that national unions are breaking ranks and pursuing narrow self interest. The USWA joined with the steel industry to persuade the Bush administration to restrict imports, and even hinted at a possible endorsement for his reelection in 2004 (Murray). The UMWA has praised the president's energy policy, …

Restoring Unions In America By Reforming Nonemployee Union Representative Access Rights To Employer Property, Jesse Dill

Jesse Dill

Unions have lost the once strong position they held in the American workplace. Academics have long debated how to restore the National Labor Relations Act’s relevance in today’s global marketplace. Congress’s preferred solution seems to be the Employee Free Choice Act, which would reform the unionization voting process, but this proposal does not strike at the heart of the matter. Labor is losing the debate on the benefits of unionization for the average worker because it is operating on an uneven playing field where employers can exert undue influence on employees to prevent them from organizing with no real opportunity …

Collective Bargaining Agreements In Discrimination Cases: Forum Shopping Their Way Into A New York District Court Near You!, George Klidonas

George Klidonas

There has recently been a divergence of opinion between the state courts and the district courts in New York on the issue of whether a unionized employee must arbitrate discrimination claims in light of a collective bargaining agreement mandating alternative dispute resolution. The problem that New York is faced with is that the New York courts recently failed to properly delineate a standard of what a clear and unmistakable waiver. Furthermore this "split" between the federal and state courts with regards to these arbitration provisions will cause forum shopping by claimants, heavily favoring federal courts. A trilogy of Supreme Court …

Uneasy Terrain: The Impact Of Capital Mobility On Workers, Wages, And Union Organizing, Kate Bronfenbrenner

Kate Bronfenbrenner

In May 2000, the United States Trade Deficit Review Commission contracted with Cornell University to conduct a study updating Cornell’s previous research on the impact of plant closings and threats of plant closings on union organizing campaigns in the U.S. private sector. Through surveys, personal interviews, documentary evidence, and the use of electronic databases, the Cornell researchers were able to collect detailed data on the extent, nature, and impact of plant closings and plant closing threats for a random sample of more than 400 NLRP certification campaigns that took place between January 1, 1998 and December 31, 1999. By examining …

Immigration Policy And Low Wage Workers: The Influence Of American Unionism, Vernon Briggs

Vernon M Briggs Jr

Public testimony by Prof. Briggs given at the Hearing before the Subcommittee on Immigration, Border Security, and Claims of the Committee on the Judiciary, House of Representatives, October 30, 2003.

Államkapcsolatok. (State Relations), Balázs Fekete

Balázs Fekete

No abstract provided.

The Eu Means Business: A Survey Of Legal Challenges And Opportunities, Eric A. Engle

Eric A. Engle

The article outlines European Union company law -- the SE, insider trading, taxation and related regulations and directives of the European Union and notes the parallels between U.S. and E.U. insider trading law - E.U. insider trading law has been clearly formed by U.S. law and does parallel it.