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Labor and Employment Law Commons

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Articles 1 - 5 of 5

Full-Text Articles in Labor and Employment Law

Golden Gate And The Ninth Circuit’S Threat To Erisa’S Uniformity And Jurisprudence , Landon Wade Magnusson Mar 2010

Golden Gate And The Ninth Circuit’S Threat To Erisa’S Uniformity And Jurisprudence , Landon Wade Magnusson

BYU Law Review

No abstract provided.


Contracts, Custom, And The Common Law: Towards A Renewed Prominence For Contract Law In American Wrongful Discharge Jurisprudence, Timothy J. Coley Mar 2010

Contracts, Custom, And The Common Law: Towards A Renewed Prominence For Contract Law In American Wrongful Discharge Jurisprudence, Timothy J. Coley

Brigham Young University Journal of Public Law

No abstract provided.


Transforming The Public Employee Speech Standard In Posey V. Lake Pend Oreille: More Than Meets The Eye , Benjamin M. Smith Mar 2010

Transforming The Public Employee Speech Standard In Posey V. Lake Pend Oreille: More Than Meets The Eye , Benjamin M. Smith

BYU Law Review

No abstract provided.


Still On The Border: The Fractured Membership Rights Of The Undocumented Worker, D. Carolina Nuñez Jan 2010

Still On The Border: The Fractured Membership Rights Of The Undocumented Worker, D. Carolina Nuñez

Faculty Scholarship

No abstract provided.


Fractured Membership: Deconstructing Territoriality To Secure Rights And Remedies For The Undocumented Worker, D. Carolina Nuñez Jan 2010

Fractured Membership: Deconstructing Territoriality To Secure Rights And Remedies For The Undocumented Worker, D. Carolina Nuñez

Faculty Scholarship

Relied upon but unwelcome, among us but uninvited, undocumented workers in the United States – now numbering over 8 million – labor on the border of inclusion and exclusion, between a status-based conception of membership and a territorial approach to membership. Although mere presence in the U.S. secures undocumented workers many of the same labor protections afforded to authorized workers, undocumented status often forecloses certain remedies otherwise available for employer breaches of those protections. Many commentators have criticized this effective status-based denial of rights to undocumented workers as inimical to the goals underlying labor and immigration law. While this Article …