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Articles 1 - 12 of 12
Full-Text Articles in Labor and Employment Law
Toward A New Grand Bargain: Collaborative Approaches To Labor-Management Reform In Massachusetts, Barry Bluestone, Thomas A. Kochan
Toward A New Grand Bargain: Collaborative Approaches To Labor-Management Reform In Massachusetts, Barry Bluestone, Thomas A. Kochan
Barry Bluestone
No abstract provided.
A Bridle, A Prod And A Big Stick: An Evaluation Of Class Actions, Shareholder Proposals And The Ultra Vires Doctrine As Methods For Controlling Corporate Behavior, Adam Sulkowski, Kent Greenfield
A Bridle, A Prod And A Big Stick: An Evaluation Of Class Actions, Shareholder Proposals And The Ultra Vires Doctrine As Methods For Controlling Corporate Behavior, Adam Sulkowski, Kent Greenfield
Kent Greenfield
Written for the recent conference at St. John’s University Law School on “People of Color, Women, and the Public Corporation,” this paper evaluates recently applied methods of influencing corporate behavior on employment practices and recommends that a dormant legal doctrine be revitalized and added to the “tool box” of activists and concerned shareholders. The methods of influencing corporate behavior that are evaluated include class action lawsuits and shareholder proposals to amend corporate policy. In both contexts, there are procedural hurdles to achieving success. Even when success is achieved, there are limits to the actual changes in organizational behavior that result. …
Disparate Impact Is Not Unconstitutional, Michael Evan Gold
Disparate Impact Is Not Unconstitutional, Michael Evan Gold
Michael Evan Gold
[Excerpt] In Ricci v. DeStefano, the "New Haven Firefighters" case, whitefirefighters and one Hispanic firefighter sued the city of New Haven, Connecticut and city officials under Title VII. The plaintiffs claimed the city had committed intentional discrimination or disparate treatment against them when the city disregarded the results of promotion examinations that had an adverse effect on black and Hispanic applicants. The Supreme Court sustained the claim. In his concurring opinion, Justice Scalia invited attorneys in subsequent cases to consider arguing that the disparate impact theory of employment discrimination is unconstitutional. He reasoned as follows: • The Constitution prohibits the …
The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti
The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti
James R. Repetti
The U.S. tax system contains many provisions which are intended to align management of large publicly traded companies more closely to stockholders. This article shows that many of the tax provisions that have been adopted are of questionable effectiveness because they fail to address the complexities of stockholder-management relations in attempting to motivate management to act in the best interests of stockholders. The article proposes that rather than Congress attempting to identify the best way that it can use the tax system to motivate management, Congress should eliminate tax provisions which subsidize management's inefficiencies in order to encourage stockholders, themselves, …
The Employee Free Act Choice: Economic Consequences And Political Implications, Peter Dreier
The Employee Free Act Choice: Economic Consequences And Political Implications, Peter Dreier
Peter Dreier
No abstract provided.
Housing The Working Poor, Peter Dreier
Why Advocates For Economic And Racial Justice Need The Employee Free Choice Act, Peter Dreier, Gary Flowers
Why Advocates For Economic And Racial Justice Need The Employee Free Choice Act, Peter Dreier, Gary Flowers
Peter Dreier
No abstract provided.
The Grocery Union Gets It Bagged, Peter Dreier
First They Came For Acorn, Peter Dreier
How Unions' Strength Is Lessening In U.S., Peter Dreier
How Unions' Strength Is Lessening In U.S., Peter Dreier
Peter Dreier
No abstract provided.
Acorn Is Back In The News, But The News Still Gets It Wrong, John Atlas, Peter Dreier
Acorn Is Back In The News, But The News Still Gets It Wrong, John Atlas, Peter Dreier
Peter Dreier
No abstract provided.
Manipulating The Public Agenda: Why Acorn Was In The News, And What The News Got Wrong, Peter Dreier, Christopher Martin
Manipulating The Public Agenda: Why Acorn Was In The News, And What The News Got Wrong, Peter Dreier, Christopher Martin
Peter Dreier
No abstract provided.