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Labor and Employment Law Commons

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Articles 1 - 12 of 12

Full-Text Articles in Labor and Employment Law

Judicial Amendments Treating Citizen And Immigrant Workers Equally . . . Badly: Labor Rights Without Effective Remedies, Anne M. Lofaso Nov 2010

Judicial Amendments Treating Citizen And Immigrant Workers Equally . . . Badly: Labor Rights Without Effective Remedies, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.


Occupational Safety And Health Standards As Federal Law: The Hazards Of Haste, Robert D. Moran Oct 2010

Occupational Safety And Health Standards As Federal Law: The Hazards Of Haste, Robert D. Moran

William & Mary Law Review

No abstract provided.


Free Labor Today, James G. Pope Jun 2010

Free Labor Today, James G. Pope

Rutgers Law School (Newark) Faculty Papers

During the first half of the 20th Century, the period when all of the United States’ major workers’ rights statutes were enacted, the American labor movement claimed the rights to organize and strike under the Thirteenth Amendment to the U.S Constitution. Beginning in 1909, it was the official policy of the American Federation of Labor that a worker confronted with an unconstitutional injunction had an “imperative duty” to “refuse obedience and to take whatever consequences may ensue.” At a time when union institutions were as weak as they are today, every attack on workers’ rights was met with an impassioned …


Review Of 'Understanding Labor And Employment Law In China' By Ronald C. Brown, Nicholas C. Howson Jun 2010

Review Of 'Understanding Labor And Employment Law In China' By Ronald C. Brown, Nicholas C. Howson

Law & Economics Working Papers

Review of Ronald C. Brown's UNDERSTANDING LABOR AND EMPLOYMENT LAW IN CHINA (Cambridge University Press, 2010) which review describes an alternative way of describing and analyzing law and legal institutions in contemporary China generally, and labor law specifically.


The Frontier Of Affirmative Action: Employment Preferences And Diversity In The Private Workplace, Corey A. Ciocchetti, John Holcomb Apr 2010

The Frontier Of Affirmative Action: Employment Preferences And Diversity In The Private Workplace, Corey A. Ciocchetti, John Holcomb

Corey A Ciocchetti

The Supreme Court has decided only a dozen prominent cases on the topic of affirmative action. The impact of each decision, however, has profoundly shaped public policy and societal expectations. Few topics generate such passion and controversy within academia, business, government, the legal profession and the social sciences – not to mention among the citizenry and the press. The paper demonstrates that the affirmative action of our parents will not be the affirmative action of our children. What is significantly different today is that the justification for preference plans has changed drastically from backward-looking to forward-looking. The Remedial Rationale – …


Senate Gridlock Cripples Nlrb, Michael Goldberg Feb 2010

Senate Gridlock Cripples Nlrb, Michael Goldberg

Michael J Goldberg

No abstract provided.


The Evolving Schizophrenic Nature Of Labor Arbitration, Martin H. Malin Jan 2010

The Evolving Schizophrenic Nature Of Labor Arbitration, Martin H. Malin

All Faculty Scholarship

No abstract provided.


The Canadian Auto Workers--Magna International 'Framework For Fairness' Agreement: A U.S. Perspective (Symposium), Martin H. Malin Jan 2010

The Canadian Auto Workers--Magna International 'Framework For Fairness' Agreement: A U.S. Perspective (Symposium), Martin H. Malin

All Faculty Scholarship

No abstract provided.


Solomon And Strikes: Labor Activity, The Contract Doctrine Of Impossibility Or Impracticability Of Performance, And Federal Labor Policy, Daniel P. O'Gorman Jan 2010

Solomon And Strikes: Labor Activity, The Contract Doctrine Of Impossibility Or Impracticability Of Performance, And Federal Labor Policy, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.


Show Me The Money The Applicability Of Contract Laws Ratification And Tenderback Doctrines To Title Vii Releases, Daniel P. O'Gorman Jan 2010

Show Me The Money The Applicability Of Contract Laws Ratification And Tenderback Doctrines To Title Vii Releases, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.


A Study In Ideal Anti-Types: Executive Status And Labor Market Regulation In Comparative Perspective, Thomas Kohler Dec 2009

A Study In Ideal Anti-Types: Executive Status And Labor Market Regulation In Comparative Perspective, Thomas Kohler

Thomas C. Kohler

Comparative study and assessment of legal protections afforded leading management personnel in several leading European nations, Japan and the United States, including historical background of regulatory schemes and their impact.


Present At The Creation: Clyde W. Summers And The Field Of Union Democracy Law, Michael J. Goldberg Dec 2009

Present At The Creation: Clyde W. Summers And The Field Of Union Democracy Law, Michael J. Goldberg

Michael J Goldberg

This article describes and analyzes the contributions of Professor Clyde W. Summers to the development of union democracy law in the United States and his contributions to the movement dedicated to bringing more democratic practices to American unions. The first part of the article evaluates Summers' writings on the importance of democracy in the labor movement. The second part describes Summers' work as both a scholar and public policy activist shaping the law of union democracy, including his critical role in the drafting of the Labor-Management Reporting and Disclosure Act of 1959. The final part of the article examines Summers …