Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Labor and Employment Law (101)
- Supreme Court of the United States (30)
- Legislation (26)
- Courts (16)
- Legal History (12)
-
- Dispute Resolution and Arbitration (10)
- Civil Rights and Discrimination (7)
- Constitutional Law (5)
- Social and Behavioral Sciences (4)
- Administrative Law (3)
- Antitrust and Trade Regulation (3)
- Business Organizations Law (3)
- First Amendment (3)
- Law and Society (3)
- Workers' Compensation Law (3)
- Business (2)
- Comparative and Foreign Law (2)
- Economics (2)
- Election Law (2)
- Immigration Law (2)
- Judges (2)
- Labor Economics (2)
- Labor Relations (2)
- Law and Politics (2)
- Organizations Law (2)
- Sociology (2)
- Arts and Humanities (1)
- Bankruptcy Law (1)
- Criminal Law (1)
- Institution
-
- University of Michigan Law School (48)
- Maurer School of Law: Indiana University (17)
- Golden Gate University School of Law (7)
- Cornell University Law School (6)
- University of Colorado Law School (3)
-
- University of Maryland Francis King Carey School of Law (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- University of Richmond (3)
- Boston University School of Law (2)
- Chicago-Kent College of Law (2)
- Duke Law (2)
- St. Mary's University (2)
- University of Miami Law School (2)
- Fordham Law School (1)
- George Washington University Law School (1)
- Georgetown University Law Center (1)
- Johnson & Wales University (1)
- Louisiana State University Law Center (1)
- Mitchell Hamline School of Law (1)
- Notre Dame Law School (1)
- Saint Louis University School of Law (1)
- Southern Methodist University (1)
- University of Massachusetts Boston (1)
- University of Pennsylvania Carey Law School (1)
- University of Rhode Island (1)
- Publication Year
- Publication
-
- Articles (38)
- Articles by Maurer Faculty (17)
- Faculty Scholarship (8)
- Book Chapters (6)
- Cornell Law Faculty Publications (5)
-
- Federal Documents (5)
- Other Publications (5)
- All Faculty Scholarship (4)
- Law Faculty Publications (3)
- Publications (3)
- Scholarly Works (3)
- Faculty Articles (2)
- Journal Articles (2)
- Cornell Law Faculty Working Papers (1)
- Faculty Journal Articles and Book Chapters (1)
- GGU Law Review Blog (1)
- GW Law Faculty Publications & Other Works (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Jesse Carter Opinions (1)
- Labor Resource Center Publications (1)
- MBA Student Scholarship (1)
- Reviews (1)
- Schmooze 'tickets' (1)
- Senior Honors Projects (1)
Articles 91 - 112 of 112
Full-Text Articles in Law
Judicial Review Of Labor Arbitration Awards: A Second Look At Enterprise Wheel And Its Progeny, Theodore J. St. Antoine
Judicial Review Of Labor Arbitration Awards: A Second Look At Enterprise Wheel And Its Progeny, Theodore J. St. Antoine
Articles
Logic, so the cliche goes, is not the life of the law. But logic is very much like the DNA of the law-the structural principle without which all is sprawl and muddle. In the last ten years a controversy has raged over the role of the labor arbitrator in issuing awards, and the role of the courts in reviewing and enforcing those awards. This controversy has largely taken the form of a continuing debate among scholars and practicing arbitrators at the annual meetings of the National Academy of Arbitrators. With due respect to the thoughtful and experienced persons who have …
Connell: Antitrust Law At The Expense Of Labor Law, Theodore J. St. Antoine
Connell: Antitrust Law At The Expense Of Labor Law, Theodore J. St. Antoine
Articles
From the outset, the difficulty in applying the antitrust concept to organized labor has been that the two are intrinsically incompatible. The antitrust laws are designed to promote competition, and unions, avowedly and unabashedly, are designed to limit it. According to classical trade union theory, the objective is the elimination of wage competition among all employees doing the same job in the same industry. Logically extended, the policy against restraint of trade must condemn the very existence of labor organizations, since their minimum aim has always been the suppression of any inclination on the part of working people to offer …
A Critique Of The Report Of The Shreveport Experiment, Julius G. Getman
A Critique Of The Report Of The Shreveport Experiment, Julius G. Getman
Articles by Maurer Faculty
No abstract provided.
Judicial Caution And The Supreme Court's Labor Decisions, October Term 1971, Theodore J. St. Antoine
Judicial Caution And The Supreme Court's Labor Decisions, October Term 1971, Theodore J. St. Antoine
Articles
Labor law, like most other law in the making, is intensely political at its margins. On certain central themes, such as the right to join a union and freedom of contract, judges and administrators of widely varying outlooks may be able to reach a consensus. But along the frontiers of the law, no such accord can be expected. Conscientious decision-makers will inevitably differ with one another, depending on their diverse social values. They may even differ with their own prior positions, depending on shifts in the political climate. Moreover, if the decision-makers happen to be justices of the United States, …
The Myth Of Labor Board Expertise, Julius G. Getman, Stephen B. Goldberg
The Myth Of Labor Board Expertise, Julius G. Getman, Stephen B. Goldberg
Articles by Maurer Faculty
No abstract provided.
The National Labor Relations Board Voting Study: A Preliminary Report, Julius G. Getman, Stephen B. Goldberg, Jeanne B. Herman
The National Labor Relations Board Voting Study: A Preliminary Report, Julius G. Getman, Stephen B. Goldberg, Jeanne B. Herman
Articles by Maurer Faculty
No abstract provided.
Secondary Boycott: From Antitrust To Labor Relations, Theodore J. St. Antoine
Secondary Boycott: From Antitrust To Labor Relations, Theodore J. St. Antoine
Articles
The ethos of the labor movement cuts against the American grain at several points. Our national instinct, reflected in many statutes and much judge-made law, is to exalt the rugged individualist over the anonymous group, to favor wide-open competition rather than a controlled market, and to prize the right of each person to remain aloof from the quarrels and concerns of his neighbors. It is not for nothing that our most universal folk hero is the frontiersman, who proudly stands alone and self-sufficient. Yet the ordinary workingman does not have the capacity to assume that heroic stance. For him strength …
A Touchstone For Labor Board Remedies, Theodore J. St. Antoine
A Touchstone For Labor Board Remedies, Theodore J. St. Antoine
Articles
Fashion dictates what lawyers argue about, and law professors write about, more than we may care to admit. In labor law, especially, the styles change with a rapidity that would impress a Paris couturier. During the past decade the spotlight has moved from union democracy to labor contract enforcement to the union organizing campaign. Today the "in" topic is National Labor Relations Board (NLRB) remedies. Yet if any subject deserves immunity from the vagaries of fashion, this is the one; for all rights acquire substance only insofar as they are backed by effective remedies. Coke said it long ago: "[W]ant …
Union Discrimination Checked: Ethridge V. Rhodes Rouses A Slumbering Giant Leading Article, Maria Marcus
Union Discrimination Checked: Ethridge V. Rhodes Rouses A Slumbering Giant Leading Article, Maria Marcus
Faculty Scholarship
This article considers case law relating to state actors and the racist practices of labor unions.
The Labor Board And The Arbitrators, Theodore J. St. Antoine
The Labor Board And The Arbitrators, Theodore J. St. Antoine
Other Publications
The Labor Relations Law Section of the State Bar of Michigan held its second program of the current year, from May 27 through May 30, 1967 on Mackinaw Island, on a variety of subject matters with excellent presentations by the resource people conducting each of the various symposiums. Those who were unable to be present in this joint venture of pleasure and legal presentations will be able to at least vicariously "gather in the sheaves" of the legal wisdom disseminated during the program by the report contained herein. For those who were fortunate enough to attend plus those who didn't, …
Landrum-Griffin 1965-1966: A Calculus Of Democratic Values, Theodore J. St. Antoine
Landrum-Griffin 1965-1966: A Calculus Of Democratic Values, Theodore J. St. Antoine
Book Chapters
One of the happier ironies of recent labor history can be found in the impetus given union democracy by the Landrum- Griffin Act. At the time the Act was passed, the thinking of disinterested observers had not yet crystallized on the merits of running a union's affairs democratically. It is probably fair to say that the main push in Congress for Landrum-Griffin and, particularly, its Title, "Bill of Rights" came from a conservative coalition which was less concerned with promoting the individual rights of working people than with blunting the effectiveness of labor organizations. There is hardly anything unique in …
Section 8 (A) (3) Of The Nlra And The Effort To Insulate Free Employee Choice, Julius G. Getman
Section 8 (A) (3) Of The Nlra And The Effort To Insulate Free Employee Choice, Julius G. Getman
Articles by Maurer Faculty
No abstract provided.
Procedural Arbitrability Under Section 301 Of The Lmra, Alan Schwartz
Procedural Arbitrability Under Section 301 Of The Lmra, Alan Schwartz
Articles by Maurer Faculty
No abstract provided.
The Midwest Piping Doctrine: An Example Of The Need For Reappraisal Of Labor Board Dogma, Julius G. Getman
The Midwest Piping Doctrine: An Example Of The Need For Reappraisal Of Labor Board Dogma, Julius G. Getman
Articles by Maurer Faculty
No abstract provided.
Whither Hurried Hence -- The New Right To Work Amendment, Dan Hopson Jr.
Whither Hurried Hence -- The New Right To Work Amendment, Dan Hopson Jr.
Articles by Maurer Faculty
No abstract provided.
Holderby V. International Union Of Operating Engineers [Dissent], Jesse W. Carter
Holderby V. International Union Of Operating Engineers [Dissent], Jesse W. Carter
Jesse Carter Opinions
A union member seeking reinstatement following payment of delinquent dues was not entitled to relief in court, as he had not yet exhausted his administrative remedies by appealing within the union its denial of his reinstatement application.
Kickback Act Held Not To Apply To Labor Union Officials, Thomas F. Broden
Kickback Act Held Not To Apply To Labor Union Officials, Thomas F. Broden
Journal Articles
United States v. Carbone et al. raises an important question as to the meaning and scope of Sec. 1 of the Act of June 13, 1934, commonly known as the Kickback Act, making it unlawful to prevent any person employed in government construction and repair from receiving the full compensation to which he is entitled.
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.
Constitutional Law -- Validity Of Statutes Restricting Picketing And Related Activities, John P. Frank
Constitutional Law -- Validity Of Statutes Restricting Picketing And Related Activities, John P. Frank
Articles by Maurer Faculty
No abstract provided.
Labor Law -- Trusts -- Union As Beneficiary, John P. Frank
Labor Law -- Trusts -- Union As Beneficiary, John P. Frank
Articles by Maurer Faculty
No abstract provided.
Inducing Breach Of Agreement By Employees Not To Join A Labor Union, In Order To Compel Unionization Of Plaintiff's Business, Horace Lafayette Wilgus
Inducing Breach Of Agreement By Employees Not To Join A Labor Union, In Order To Compel Unionization Of Plaintiff's Business, Horace Lafayette Wilgus
Articles
In Hitchnan Coal & Coke Compazy v. John Mitchell, et al., (Dec. 10, 1917), 38 Sup. Ct. 65, the novel question was presented to the Supreme Court of the United States, as to whether or not members of a labor Union could be enjoined from conspiring to persuade, and persuading, without violence or show of violence, plaintiff's employees, not members of the Union,-and who were working for plaintiff not for a specified time, but under an agreement not to continue in plaintiff's employment if they joined the Union, this agreement being fully known to defendants,-secretly to agree to join the …
Labor Organizations In Legislation, Jerome C. Knowlton
Labor Organizations In Legislation, Jerome C. Knowlton
Articles
During the first months of the current year, the Supreme Court of the United States handed down three decisions on important questions in labor legislation.1 The Employers' Liability Act was declared unconstitutional, but on grounds that may be avoided by subsequent legislation; the boycott was decided to be an unlawful conspiracy against interstate commerce, and in violation of the Anti-Trust Act and the congressional enactment providing criminal punishment for the discharge of an employee because of his membership in a labor organization was also held unconstitutional. These decisions have been unjustly spoken of by some, as unreasonably severe on labor …