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Full-Text Articles in Law
Workers' Comp And Contagious Disease: History And Future, Kate E. Britt
Workers' Comp And Contagious Disease: History And Future, Kate E. Britt
Law Librarian Scholarship
Modern workers’ compensation schemes set out to provide financial relief to employees who contract an occupational disease during employment, like miners contracting black lung or contractors exposed to asbestos. Certain professions are understood to stand a particular risk of exposure to contagious diseases. Health-care workers interact with persons carrying contagious disease as a matter of course. What workers’ compensation does not cover are diseases which are so prevalent they are considered an “ordinary disease of life.” These diseases, like the common cold, influenza, or pneumonia, could be contracted by persons regardless of their profession, and workers’ compensation acts generally limit …
An American Approach To Social Democracy: The Forgotten Promise Of The Fair Labor Standards Act, Kate Andrias
An American Approach To Social Democracy: The Forgotten Promise Of The Fair Labor Standards Act, Kate Andrias
Articles
There is a growing consensus among scholars and public policy experts that fundamental labor law reform is necessary in order to reduce the nation’s growing wealth gap. According to conventional wisdom, however, a social democratic approach to labor relations is uniquely un-American—in deep conflict with our traditions and our governing legal regime. This Article calls into question that conventional account. It details a largely forgotten moment in American history: when the early Fair Labor Standards Act (FLSA) established industry committees of unions, business associations, and the public to set wages on an industry-by-industry basis. Alongside the National Labor Relations Act, …
Book Review, Ahmed White
The New Labor Law, Kate Andrias
The New Labor Law, Kate Andrias
Articles
Labor law is failing. Disfigured by courts, attacked by employers, and rendered inapt by a global and fissured economy, many of labor law’s most ardent proponents have abandoned it altogether. And for good reason: the law that governs collective organization and bargaining among workers has little to offer those it purports to protect. Several scholars have suggested ways to breathe new life into the old regime, yet their proposals do not solve the basic problem. Labor law developed for the New Deal does not provide solutions to today’s inequities. But all hope is not lost. From the remnants of the …
The Moral Dimension Of Employment Dispute Resolution, Theodore J. St. Antoine
The Moral Dimension Of Employment Dispute Resolution, Theodore J. St. Antoine
Articles
Dispute resolution may be viewed from the perspective of economics or negotiation or contract law or game theory or even military strategy. In this Article, I should like to consider employment dispute resolution in particular from the perspective of morality. I do not necessarily mean "morality" in any religious sense. By "morality" here I mean a concern about the inherent dignity and worth of every human being and the way each one should be treated by society. Some persons who best exemplify that attitude would style themselves secular humanists. Nonetheless, over the centuries religions across the globe have played a …
Who’S Running The Road?: Street Railway Strikes And The Problem Of Constructing A Liberal Capitalist Order In Canada, 1886-1914, Eric Tucker
Articles & Book Chapters
Street railway strikes in the late nineteenth and early twentieth centuries were frequently the occasion for large-scale collective violence in North American cities and challenged the capacity of local authorities to maintain civic order. However, this was only the most visible manifestation of the challenge that street railway workers’ collective action posed to the order of liberal capitalism, an order constructed on several intersecting dimensions. Using the example of Canadian street railway workers from 1886 to 1914, a period of rapid urbanization and industrialization, this article explores the ways the collective action by workers and their community sympathizers challenged the …
Lessons From The Laboratory: The Polar Opposites On The Public Sector Labor Law Spectrum, Ann C. Hodges
Lessons From The Laboratory: The Polar Opposites On The Public Sector Labor Law Spectrum, Ann C. Hodges
Law Faculty Publications
Section I analyzes the legal framework and history of collective bargaining in Illinois, and Section II follows with a similar analysis for Virginia. Each section includes current data about public sector employees and union activity in the two states. Section III follows with a discussion of possible explanations for the differences in the law of the two states. Section IV looks at the lessons from this analysis for state and federal lawmakers, unions, employers, and labor relations advocacy groups.
The Legislative History Of Fefcwa And Feptcea, Workplace Flexibility 2010, Georgetown University Law Center
The Legislative History Of Fefcwa And Feptcea, Workplace Flexibility 2010, Georgetown University Law Center
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
No abstract provided.
Labor And Employment Law In Two Transitional Decades, Theodore J. St. Antoine
Labor And Employment Law In Two Transitional Decades, Theodore J. St. Antoine
Articles
Labor law became labor and employment law during the past several decades. The connotation of "labor law" is the regulation of union-management relations and that was the focus from the 1930s through the 1950s. In turn, voluntary collective bargaining was supposed to be the method best suited for setting the terms and conditions of employment for the nation's work force. Since the 1960s, however, the trend has been toward more governmental intervention to ensure nondiscrimination, safety and health, pensions and other fringe benefits, and so on. "Employment law" is now the term for the direct federal or state regulation of …
Across The Borders: Immigrant Status And Identity In Law And Latcrit Theory, Ruben J. Garcia
Across The Borders: Immigrant Status And Identity In Law And Latcrit Theory, Ruben J. Garcia
Scholarly Works
Immigrants make up a large and increasing portion of the American community. The recent census found an unprecedented number of immigrants within the United States. Immigrants, however, have fewer legal protections than almost any other individuals within our borders. This lack of protection is especially disconcerting given that immigrants are often the most subordinated members of our communities. Particularly after the events of September 11, 2001, the rights and protections available to immigrants—whether they are documented or not—are tenuous. As LatCrit scholars have pointed out, immigration law is intensely racialized, and yet other bodies of law, such as civil rights …
The Once And Future Labor Act: Myths And Realities, Theodore J. St. Antoine
The Once And Future Labor Act: Myths And Realities, Theodore J. St. Antoine
Other Publications
In this provocative article Professor St. Antoine laments, "I cannot believe that a private-sector workforce that is only one-tenth organized is ultimately good for labor, for management, or for the whole of our society." His speech to the College of Labor and Employment Lawyers outlines the original purposes of the National Labor Relations Act, the reasons for the drastic decline in the percentage of the workforce that is unionized, and his suggestions for changes in the law that would encourage and promote collective bargaining.
Hardball, Politics, And The Nlrb, Michael Ashley Stein
Hardball, Politics, And The Nlrb, Michael Ashley Stein
Faculty Publications
No abstract provided.
Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer
Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer
Articles
No abstract provided.
The Regulation Of Labor Unions, Theodore J. St. Antoine
The Regulation Of Labor Unions, Theodore J. St. Antoine
Articles
This year completes exactly a half century in the federalization and codification of American labor law. Before that the regulation of both the internal affairs and external relations of labor organizations was left largely to the individual states, usually through the application of common or nonstatutory law by the courts. One major exception was the railroad industry, whose patent importance to interstate commerce made it an acceptable subject for federal legislation like the Railway Labor Act.
The Role Of Law, Theodore J. St. Antoine
The Role Of Law, Theodore J. St. Antoine
Book Chapters
In the early New Deal days, workers' placards in the coal fields proudly proclaimed, "President Roosevelt wants you to join the union." If not literally true, that boast was well within the bounds of poetic license. After the brief interval of federal laissez-faire treatment of labor relations ushered in by the Norris-La Guardia Act of 1932, the National Labor Relations (Wagner) Act of 1935 declared the policy of the United States to be one of "encouraging the practice and procedure of collective bargaining." Employers, but not unions, were forbidden to coerce or discriminate against employees because of their organizational activities. …
Review Of The Landrum-Griffin Act: Twenty Years Of Federal Protection Of Union Members' Rights, By J. R. Bellace And A. D. Berkowitz, Theodore J. St. Antoine
Review Of The Landrum-Griffin Act: Twenty Years Of Federal Protection Of Union Members' Rights, By J. R. Bellace And A. D. Berkowitz, Theodore J. St. Antoine
Reviews
In the innocent closing years of the 1950s, the American public fastened on union democracy as the most burning issue of the day. No other subject produced as much mail for Congress. The 229-201 count by which the Landrum-Griffin bill was substituted for the House Labor Committee's bill on labor-management reporting and disclosure constituted the largest total vote in the history of the House of Representatives. Significantly, however, that vote had little if any bearing on union members' rights. What distinguished Landrum-Griffin from the Committee's bill was its stiff new curbs on picketing and boycotts. As Senator John Kennedy's advisor, …