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Articles 1 - 10 of 10
Full-Text Articles in Law
Its Own Dubious Battle: The Impossible Defense Of An Effective Right To Strike, Ahmed White
Its Own Dubious Battle: The Impossible Defense Of An Effective Right To Strike, Ahmed White
Publications
One of the most important statutes ever enacted, the National Labor Relations Act envisaged the right to strike as the centerpiece of a system of labor law whose central aims included dramatically diminishing the pervasive exploitation and steep inequality that are endemic to modern capitalism. These goals have never been more relevant. But they have proved difficult to realize via the labor law, in large part because an effective right to strike has long been elusive, undermined by courts, Congress, the NLRB, and powerful elements of the business community. Recognizing this, labor scholars have made the restoration of the right …
The History Books Tell It? Collective Bargaining In Higher Education In The 1940s, William A. Herbert
The History Books Tell It? Collective Bargaining In Higher Education In The 1940s, William A. Herbert
Publications and Research
This article presents a history of collective bargaining in higher education during and just after World War II, decades before the establishment of applicable statutory frameworks for labor representation. It examines the collective bargaining program adopted by the University of Illinois in 1945, along with contracts negotiated at other institutions. The article also examines the role of United Public Workers of America (UPWA) and its predecessor unions in organizing and negotiating on behalf of faculty, teachers, and instructors. The first known collective agreements applicable to faculty, teachers and instructors, were negotiated by those unions before UPWA was destroyed during the …
Criminal Labor Law, Benjamin Levin
Criminal Labor Law, Benjamin Levin
Publications
This Article examines a recent rise in civil suits brought against unions under criminal statutes. By looking at the long history of criminal regulation of labor, the Article argues that these suits represent an attack on the theoretical underpinnings of post-New Deal U.S. labor law and an attempt to revive a nineteenth century conception of unions as extortionate criminal conspiracies. The Article further argues that this criminal turn is reflective of a broader contemporary preference for finding criminal solutions to social and economic problems. In a moment of political gridlock, parties seeking regulation increasingly do so via criminal statute. In …
Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee
Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee
All Faculty Scholarship
Today, most American workers do not have constitutional rights on the job. As The Workplace Constitution shows, this outcome was far from inevitable. Instead, American workers have a long history of fighting for such rights. Beginning in the 1930s, civil rights advocates sought constitutional protections against racial discrimination by employers and unions. At the same time, a conservative right-to-work movement argued that the Constitution protected workers from having to join or support unions. Those two movements, with their shared aim of extending constitutional protections to American workers, were a potentially powerful combination. But they sought to use those protections to …
"Public ... Since Time Immemorial": The Labor History Of Hague V. Cio, Kenneth M. Casebeer
"Public ... Since Time Immemorial": The Labor History Of Hague V. Cio, Kenneth M. Casebeer
Articles
No abstract provided.
Labor, Industry Fighting Over Unemployment Benefits — Sounds A Lot Like The 1960s, Charles A. Scontras
Labor, Industry Fighting Over Unemployment Benefits — Sounds A Lot Like The 1960s, Charles A. Scontras
Bureau of Labor Education
Current legislative efforts to reform the unemployment compensation law (LD1725) by increasing penalties for fraud and tightening qualifications for benefits, e.g., removal of the exemption of vacation time as a factor in assessing benefits and lengthening the search for employment after six weeks rather than the current requirement of twelve weeks, triggers some historical images.
What You Need To Know About Worker's Compensation, Bureau Of Labor Education. University Of Maine
What You Need To Know About Worker's Compensation, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
Annual data compiled by the U.S. Department of Labor consistently reveal that for too many workers the result of their employment is a job-related injury, illness, and in a number of cases, death. These data document the ongoing need and importance of workers’ compensation. The purpose of this paper is to provide an overview on: • workers’ compensation, how it evolved in the U.S., and the impact of this history today; • developments with Maine’s law, and resources for accessing information on this statute; and • the need to reform workers’ compensation for Maine workers.
Requiem For An Industry, Charles A. Scontras
Requiem For An Industry, Charles A. Scontras
Bureau of Labor Education
In April, the Lewiston City Council voted to demolish the massive Bates Mill No. 5, the last component of the original textile giant, dating from 1850, that is owned by the city. The decision graphically symbolizes the burial of a textile industry. When the textile mills arrived in Maine, public officials viewed them as cathedrals of prosperity and progress, while workers welcomed the opportunity to earn a livelihood. Labor reformers, however, often viewed them as corporate entities that regimented life and work, describing them as "tombs for the living," "living hells," and "prison factories." Over the years, labor made sporadic …
Thinking Outside The Box: The Challenge Of Maine's Regional Service Centers, Bureau Of Labor Education. University Of Maine
Thinking Outside The Box: The Challenge Of Maine's Regional Service Centers, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
The challenges facing regional service center communities in Maine need to be addressed by creative problem solving which goes beyond the simplistic and flawed assumptions of the "Closed Loop" model of service center revenue. Many existing strategies to increase municipal revenue through tax incentives and inappropriate economic development are often counterproductive to the long-term well-being of service center communities and their quality of life. The health of RSC's is critically important for the well-being of the state as a whole, and the taxpayers in these communities should not be expected to assume the entire financial burden of providing needed services …
The U.S. Health Care System: Best In The World, Or Just The Most Expensive?, Bureau Of Labor Education. University Of Maine
The U.S. Health Care System: Best In The World, Or Just The Most Expensive?, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
For many years, politicians and insurance companies could blithely proclaim that the U.S. had the best health care system in the world, but as its major shortcomings become more visible, Americans are finding it harder to accept this assertion. The 42.6 million people in the U.S. currently without health insurance are acutely aware that our health care system is not working for everyone, and there is growing recognition that the major problems of rising costs and lack of access constitute a real crisis. However, the search for solutions has not been easy or clear cut. Policymakers often attempt to address …