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Full-Text Articles in Law
The Impact Of Emerging Information Technologies On The Employment Relationship: New Gigs For Labor And Employment Law, Kenneth G. Dau-Schmidt
The Impact Of Emerging Information Technologies On The Employment Relationship: New Gigs For Labor And Employment Law, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
The technology of production has always shaped the employment relationship and the issues that are important in labor and employment law. Since at least the late 1970s the American economy has adopted information technology that promises to change the employment relationship in ways at least as profound as those wrought by the other revolutions in general production technology, such as the adoption of steam power, electricity, or methods of mass production. The global network of programmable machines of the information age allows us to communicate and process much more information, much more quickly than ever previously imagined. This increased informational …
The Relative Bargaining Power Of Employers And Unions In The Global Information Age: A Comparative Analysis Of The United States And Japan, Kenneth G. Dau-Schmidt, Benjamin C. Ellis
The Relative Bargaining Power Of Employers And Unions In The Global Information Age: A Comparative Analysis Of The United States And Japan, Kenneth G. Dau-Schmidt, Benjamin C. Ellis
Articles by Maurer Faculty
In this paper, we examine and compare the impact of American and Japanese labor law on the relative bargaining power of the labor and management within the context of the new global economy based on information technology. We begin by providing a simple economic definition of bargaining power and examining how it can be influenced by economic and legal factors. Next, we discuss the impact of new information technology and the global economy on the employment relationship and how this has decreased union bargaining power relative to management bargaining power. Finally, we compare various facets of American and Japanese labor …
Economic Analysis Of Labor And Employment Law In The New Economy, Kenneth G. Dau-Schmidt, Alan Hyde, Michael Risch, Jagdeep Bhandari, Richard Block
Economic Analysis Of Labor And Employment Law In The New Economy, Kenneth G. Dau-Schmidt, Alan Hyde, Michael Risch, Jagdeep Bhandari, Richard Block
Articles by Maurer Faculty
No abstract provided.
Teaching In A Larger Social Context: Using Simulations To Demonstrate Socioeconomic Principles And Relevance To Law, Kenneth G. Dau-Schmidt, Jeffrey E. Stake
Teaching In A Larger Social Context: Using Simulations To Demonstrate Socioeconomic Principles And Relevance To Law, Kenneth G. Dau-Schmidt, Jeffrey E. Stake
Articles by Maurer Faculty
A single action of an individual is highly influenced not only by personal interests and desires, but also by a complex network of social influences. Because of this vast outside social pressure within society, the legal ramifications of individual action must also be studied in a multidimensional way to incorporate these social values. One effective means to do so is to begin linking the socioeconomic paradigm into traditional legal study through the use of teaching simulations. This article brings forth a new method involving hand-on simulations and outlines its necessity within the legal sphere. Through these simulations, students are able …
Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel
Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel
Articles by Maurer Faculty
No abstract provided.
Labor Law And Industrial Peace: A Comparative Analysis Of The United States, The United Kingdom, Germany, And Japan Under The Bargaining Model, Kenneth G. Dau-Schmidt
Labor Law And Industrial Peace: A Comparative Analysis Of The United States, The United Kingdom, Germany, And Japan Under The Bargaining Model, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
In this Article, Professor Dau-Schmidt provides a comparative analysis of the labor laws of the United States, the United Kingdom, Germany, and Japan for the purposes of identifying which characteristics of a country's labor laws are likely to reduce strike incidence and intensity and promote industrial peace. To identify which characteristics of a country's law are likely to encourage industrial peace, Professor Dau-Schmidt presents game theory arguments based on his analysis of unions and collective bargaining. Dau-Schmidt then provides a simple empirical test as to the relative success of different countries' laws in advancing industrial peace by comparing data on …
A Bargaining Analysis Of American Labor Law And The Search For Bargaining Equity And Industrial Peace, Kenneth G. Dau-Schmidt
A Bargaining Analysis Of American Labor Law And The Search For Bargaining Equity And Industrial Peace, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
No abstract provided.
Labor And Employment Discrimination Cases In The Supreme Court 1989 Term, Julia C. Lamber, Terry A. Bethel
Labor And Employment Discrimination Cases In The Supreme Court 1989 Term, Julia C. Lamber, Terry A. Bethel
Articles by Maurer Faculty
No abstract provided.
Union Security Agreements Under The National Labor Relations Act: The Statute, The Constitution, And The Court's Opinion In Beck, Kenneth G. Dau-Schmidt
Union Security Agreements Under The National Labor Relations Act: The Statute, The Constitution, And The Court's Opinion In Beck, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
The Supreme Court's recent decision in Communications Workers of America v. Beck interpreted section 8(a)(3) of the National Labor Relations Act (NLRA) to prohibit the observance of agency shop agreements. By interpreting the statute in this way, the Court avoided the question of whether union security agreements under the NLRA are subject to constitutional scrutiny. The Court's determination that section 8(a)(3) does not allow agency shop agreements was an important decision affecting the enforceability of union security agreements in the vast majority of private sector bargaining agreements.
In this Article, Professor Dau-Schmidt criticizes the Court's interpretation of section 8(a)(3) in …
Recent Labor Law Decisions Of The Supreme Court, Terry A. Bethel
Recent Labor Law Decisions Of The Supreme Court, Terry A. Bethel
Articles by Maurer Faculty
This Article highlights the more notable labor and employment law decisions by the Supreme Court since the beginning of 1984.' Although the Court worked no major changes,2 it has been "tinkering and tailoring,"3 deferring to administrative interpretation or refining its own analysis from previous opinions. Even so, the Court has acted in important areas, and its decisions raise significant questions.
In Memoriam: Ralph F. Fuchs, Jost Delbruck
In Memoriam: Ralph F. Fuchs, Jost Delbruck
Articles by Maurer Faculty
No abstract provided.
Kansas Labor Law And District Court Injunctions, Dan Hopson Jr.
Kansas Labor Law And District Court Injunctions, Dan Hopson Jr.
Articles by Maurer Faculty
No abstract provided.
Is The Anti-Trust Law Anti-Labor?, Frank Edward Horack Jr.
Is The Anti-Trust Law Anti-Labor?, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Book Review. Frankfurter, F. And N. Greene, The Labor Injunction, Jerome Hall
Book Review. Frankfurter, F. And N. Greene, The Labor Injunction, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Book Review. Albertsworth, E. F., Selected Cases And Other Authorities On Industrial Law, Ralph F. Fuchs
Book Review. Albertsworth, E. F., Selected Cases And Other Authorities On Industrial Law, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Due Process Of Law In State Labor Legislation, Pt. 3, Fowler V. Harper
Due Process Of Law In State Labor Legislation, Pt. 3, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Due Process Of Law In State Labor Legislation, Pt. 2, Fowler V. Harper
Due Process Of Law In State Labor Legislation, Pt. 2, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Due Process Of Law In State Labor Legislation, Pt. 1, Fowler V. Harper
Due Process Of Law In State Labor Legislation, Pt. 1, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.