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Articles 1 - 7 of 7
Full-Text Articles in Law
Daniels. Davidson And The Unlearned Lesson Of Parratt V. Taylor: Eliminating Simple Negligence As A Basis For Procedural Due Process Claims (If At First You Don't Succeed, Overrule It), Laura A. Yustak
Notre Dame Law Review
No abstract provided.
Ten Years After (Weingarten): Are The Standards Really Clear?, Daniel J. Herron
Ten Years After (Weingarten): Are The Standards Really Clear?, Daniel J. Herron
Northern Illinois University Law Review
An exploration into the labor law area of "Weingarten rights," which permit union representation in employee investigatory hearings. The article explores the inconsistencies which exist among various federal circuits due to the failure of the Court in Weingarten to provide definitive standards for the application of the principles which the Court announced.
The Bfoq Defense In Adea Suits: The Scope Of "Duties Of The Job", Robert L. Fischman
The Bfoq Defense In Adea Suits: The Scope Of "Duties Of The Job", Robert L. Fischman
Michigan Law Review
This Note examines these three possible interpretations of which job characteristics a court must examine when determining the validity of a BFOQ defense to an ADEA suit and concludes that the Eighth Circuit's standard is correct. Because disputes over which interpretation is proper arise almost exclusively in cases involving public safety occupations, this Note discusses the standards for measuring that scope within the framework of the policy considerations associated with public safety. Part I of this Note discusses the three current standards used to determine the scope of the BFOQ defense. Part II illuminates the problems inherent in having three …
Shareholders Versus Managers: The Strain In The Corporate Web, John C. Coffee Jr.
Shareholders Versus Managers: The Strain In The Corporate Web, John C. Coffee Jr.
Michigan Law Review
Part I will seek to understand why firms trade in the stock market at a substantial discount from their asset value. It will answer that existing theories of the firm have not given adequate attention to a critical area where shareholders and managers have an inherent conflict, one that the existing structure of the firm does not resolve or mitigate. Despite the significant changes in the internal structure of the corporation over the last half century that have been described by business historians, there remains a deep internal strain between shareholders, on the one hand, and managers and employees, on …
Federal Products Liability Legislation: Not The Cure For Worker's Compensation Ailments, Judith A. Schening
Federal Products Liability Legislation: Not The Cure For Worker's Compensation Ailments, Judith A. Schening
Northern Illinois University Law Review
An examination of the potential interaction between provisions in the proposed federal products liability legislation and existing state worker's compensation statutes, focusing on the resulting deviation from current law and the accompanying inequities to employers and their insurance carriers.
Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine
Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine
Articles
Bernard Meltzer has testified under oath that he "rarely take[s] absolute positions." The record bears him out. While his colleagues among labor law scholars often strain to demonstrate that the labor relations statutes and even the Constitution support their hearts' desires, the typical Meltzer stance is one of cool detachment, pragmatic assessment, and cautious, balanced judgment. The "itch to do good," Meltzer has remarked wryly, "is a doubtful basis for jurisdiction" -or, he would likely add, for any other legal conclusion. In this brief commentary I propose to examine the Meltzer approach to four broad areas of labor law: (1) …
Fair Dealing In Employment Associations: The Reciprocity Of Respect, John F. Nivala
Fair Dealing In Employment Associations: The Reciprocity Of Respect, John F. Nivala
John F. Nivala
No abstract provided.