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Articles 1 - 17 of 17

Full-Text Articles in Law

Collaborative Enforcement, Andrew Elmore Jan 2018

Collaborative Enforcement, Andrew Elmore

Articles

Labor standards enforcement in the low-wage workplace has long suffered from a lack of capacity, expertise and remedies that blunt the impact of public and private enforcers alike. The question of how to address these pathologies in state and local workplace regulation has gained new urgency with the virtual explosion of regional labor lawmaking and the deregulatory impulses of the new federal administration.

This Article identifies collaboration between state and local agencies and private, public interest organizations ("PIOs") as one pathway to address these enforcement gaps, by amplifying the deterrent effect of public and private enforcement and by improving legal ...


Civil Disabilities In An Era Of Diminishing Privacy: A Disability Approach For The Use Of Criminal Records In Hiring, Andrew Elmore Jan 2015

Civil Disabilities In An Era Of Diminishing Privacy: A Disability Approach For The Use Of Criminal Records In Hiring, Andrew Elmore

Articles

No abstract provided.


Pensioners, Bondholders, And Unfair Discrimination In Municipal Bankruptcy, Andrew B. Dawson Jan 2014

Pensioners, Bondholders, And Unfair Discrimination In Municipal Bankruptcy, Andrew B. Dawson

Articles

Detroit recently confirmed its plan of debt adjustment under which the city has endeavored to adjust its pension obligations. The court's confirmation order and oral opinion on the record present what is perhaps the most significant decision regarding a key question facing any city attempting to adjust pensions in bankruptcy: can a city propose to pay its pension claimants significantly more than its other unsecured creditors? This question involves interpreting the Bankruptcy Code's unfair discrimination rule.

The Detroit bankruptcy court applied a novel interpretation of unfair discrimination, eschewing the relatively thin body of case law interpreting this rule ...


Community Syndicalism For The United States: Democratic Production In Resisting Hegemonic Globalization And Law, Kenneth M. Casebeer Jan 2013

Community Syndicalism For The United States: Democratic Production In Resisting Hegemonic Globalization And Law, Kenneth M. Casebeer

Articles

No abstract provided.


"Public ... Since Time Immemorial": The Labor History Of Hague V. Cio, Kenneth M. Casebeer Jan 2013

"Public ... Since Time Immemorial": The Labor History Of Hague V. Cio, Kenneth M. Casebeer

Articles

No abstract provided.


Of Service Workers, Contracting Out, Joint Employment, Legal Consciousness, And The University Of Miami, Kenneth M. Casebeer Jan 2008

Of Service Workers, Contracting Out, Joint Employment, Legal Consciousness, And The University Of Miami, Kenneth M. Casebeer

Articles

No abstract provided.


Egalitarianism And Exclusion: U.S. Guest Worker Programs And A Non-Subordination Approach To The Labor-Based Admission Of Nonprofessional Foreign National, Andrew J. Elmore Jan 2007

Egalitarianism And Exclusion: U.S. Guest Worker Programs And A Non-Subordination Approach To The Labor-Based Admission Of Nonprofessional Foreign National, Andrew J. Elmore

Articles

No abstract provided.


State Joint Employer Liability Laws And Pro Se Back Wage Claims In The Garment Industry: A Federalist Approach To A National Crisis, Andrew Elmore Jan 2001

State Joint Employer Liability Laws And Pro Se Back Wage Claims In The Garment Industry: A Federalist Approach To A National Crisis, Andrew Elmore

Articles

No abstract provided.


En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey M. Monks Jan 2000

En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey M. Monks

Articles

No abstract provided.


Aliquippa: The Company Town And Contested Power In The Construction Of Law, Kenneth M. Casebeer Jan 1995

Aliquippa: The Company Town And Contested Power In The Construction Of Law, Kenneth M. Casebeer

Articles

No abstract provided.


Title Vii Arbitration, Patrick O. Gudridge Jan 1995

Title Vii Arbitration, Patrick O. Gudridge

Articles

Supreme Court decisions establish two separate lines of analysis concerning whether arbitration agreements should pre-empt judicial remedies for parties already covered by employment and labor legislation. First, in cases like Gilmer v. Interstate/Johnson Corp., the Supreme Court espouses a procedural analysis: the Court considers the extent to which the arbitration procedures reflect judicial processes. In Alexander v. Gardner-Denver and its successors, on the other hand, the Court examines whether the applicable statutes explicitly pre-empt the arbitration agreement. This article argues that neither approach is helpful. Rather, 'courts should consider whether the relevant statute applies standards derived essentially from "inside ...


Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer Jan 1994

Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer

Articles

No abstract provided.


Structures Of Subordination: Women Of Color At The Intersection Of Title Vii And The Nlra. Not!, Elizabeth M. Iglesias Jan 1993

Structures Of Subordination: Women Of Color At The Intersection Of Title Vii And The Nlra. Not!, Elizabeth M. Iglesias

Articles

No abstract provided.


Drafting Wagner's Act: Leon Keyserling And The Precommittee Drafts Of The Labor Disputes Act And The National Labor Relations Act, Kenneth M. Casebeer Jan 1989

Drafting Wagner's Act: Leon Keyserling And The Precommittee Drafts Of The Labor Disputes Act And The National Labor Relations Act, Kenneth M. Casebeer

Articles

This Article analyzes the development of the National Labor Relations Act through the drafts of the original Act. The author traces the evolution of Senator Wagner's ideas through numerous policy and political battles to the passage of the NLRA in 1935. The author explores the development of the drafts and the historical context surrounding their creation to reveal the social theory of the drafters and illuminate previously unexplored undercurrents in the text of the Act itself. The author, through this novel approach to the NLRA, sets up a new way to view the 1935 Act, and evaluates subsequent amendments ...


Work On A Labor Theory Of Meaning, Kenneth M. Casebeer Jan 1989

Work On A Labor Theory Of Meaning, Kenneth M. Casebeer

Articles

No abstract provided.


The Crisis Of Private Law Is Not An Ideal Situation, Kenneth M. Casebeer Jan 1989

The Crisis Of Private Law Is Not An Ideal Situation, Kenneth M. Casebeer

Articles

No abstract provided.


Teaching An Old Dog Old Tricks: Coppage V. Kansas And At-Will Employment Revisited, Kenneth M. Casebeer Jan 1985

Teaching An Old Dog Old Tricks: Coppage V. Kansas And At-Will Employment Revisited, Kenneth M. Casebeer

Articles

No abstract provided.