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Saying Goodbye To Unions In Higher Education: The Yale Hunger Strike In Perspective, Raymond L. Hogler 2017 Colorado State University

Saying Goodbye To Unions In Higher Education: The Yale Hunger Strike In Perspective, Raymond L. Hogler

Academic Labor: Research and Artistry

No abstract provided.


Uber, Lyft, And Regulating The Sharing Economy, Brett Harris 2017 Seattle University School of Law

Uber, Lyft, And Regulating The Sharing Economy, Brett Harris

Seattle University Law Review

The “sharing economy” goes by many names such as the “gig economy,” the “1099 economy,” and the “on-demand economy,” all of which describe the economic system that uses online platforms to connect workers and sellers with clients and consumers, primarily through smartphone applications. Many of the sharing economy companies are also called the “tech disruptors.” They earned this title because they have changed the way that people do business. But in changing the way that people do business, they have also created unique regulatory challenges for governments across the country. The news is rife with stories about when these regulations ...


The Persistence Of Union Repression In An Era Of Recognition, Anne Marie Lofaso 2017 University of Maine School of Law

The Persistence Of Union Repression In An Era Of Recognition, Anne Marie Lofaso

Maine Law Review

Labor rights in countries with predominantly free market economies have generally passed through three stages--repression, tolerance, and recognition. In the United States, nineteenth-century state and federal governments repressed labor unions by making conduct, such as workers banding together for higher wages, subject to criminal penalty and civil liability. Courts paved the way for tolerating labor unions by overruling repressive precedents. By the early twentieth century, Congress followed suit by legislatively exempting unions from certain legal liabilities. In 1935, Congress enacted Section 7 of the National Labor Relations Act (NLRA), marking the first formal federal government recognition of employees' “right to ...


A Critical Discourse Analysis Of The Intellectual Property Chapter Of The Tpp: Confirming What The Critics Fear, Karyn Hollis 2017 Villanova University

A Critical Discourse Analysis Of The Intellectual Property Chapter Of The Tpp: Confirming What The Critics Fear, Karyn Hollis

communication +1

A host of organizations and citizens groups have convincingly pointed out that so called “Free Trade Agreements” have done more harm than good to the U.S. and other countries involved. Thanks to their protests, for the moment, the most ambitious multinational, neoliberal project of our young century, the Trans-Pacific Partnership (TPP), has been defeated. If the agreement had been adopted, the TPP would have shaped new rules of trade for over 8 million people, spanning 40% of the global economy. Using Critical Discourse Analysis (CDA), my study shows how the complex language of the actual treaty compared to its ...


The Eternal Debate On External Law In Labor Arbitration: Where We Stand Five Decades After Meltzer V. Howlett, Philip Baldwin 2017 Pepperdine University

The Eternal Debate On External Law In Labor Arbitration: Where We Stand Five Decades After Meltzer V. Howlett, Philip Baldwin

Pepperdine Dispute Resolution Law Journal

This article details the oft-debated issue of how labor arbitrators should reconcile collective bargaining agreements (“CBAs”) with public sources of law, i.e., “external law,” particularly when the plain meaning of a CBA would lead to an arbitration award in contravention of public law. The article traces the origin of the debate back to 1967, when renowned labor arbitrators Robert Howlett and Bernard Meltzer took opposing views on the matter in front of the National Academy of Arbitrators. Although Meltzer’s traditional view, that arbitrators should respect the CBA and ignore the law when the two diverge, may have been ...


Conduct Detrimental: Examining The Nfl’S Collective Bargaining Agreement And The Commissioner’S Role Through A Case Study Of Deflategate, David Shyu 2017 Pepperdine University

Conduct Detrimental: Examining The Nfl’S Collective Bargaining Agreement And The Commissioner’S Role Through A Case Study Of Deflategate, David Shyu

Pepperdine Dispute Resolution Law Journal

This Note will closely examine whether the NFL, specifically its Commissioner, has exceeded its authority in its handling of the recent incident involving allegations of the New England Patriots and quarterback Tom Brady’s role in deflating footballs during a crucial playoff game. The Note will look at the existing the NFL current Collective Bargaining Agreement, and trace the source of the Commissioner’s power. Then it will delve into the details of the case—including the Wells Report and investigation, the arbitration process, and the District Court opinion. The Note will analyze the District Court’s opinion in anticipation ...


General Personnel Issues, William T. Hopkins 2017 St. John's University School of Law

General Personnel Issues, William T. Hopkins

The Catholic Lawyer

No abstract provided.


Ogc Issues Roundtable, John Liekweg 2017 St. John's University School of Law

Ogc Issues Roundtable, John Liekweg

The Catholic Lawyer

No abstract provided.


It Has To End Somewhere: Feiereisen V. Newpage Corp. And The Scope Of The Employment Contract, Benjamin R. Hutchinson 2017 University of Maine School of Law

It Has To End Somewhere: Feiereisen V. Newpage Corp. And The Scope Of The Employment Contract, Benjamin R. Hutchinson

Maine Law Review

In January of 2008, Kurt Feiereisen was driving to attend a mediation meeting regarding his workers’ compensation claims when he was injured in a car accident. At the time, Feiereisen was pursuing three separate claims against Newpage Corporation for bodily injuries that he had sustained while working for the company during the years of 1987, 1997, and 2007. In June of 2008 he petitioned for compensation awards related to the injuries from all four occasions. Awards were granted for the three earliest injuries, but denied for the injury sustained during the 2008 car accident because this injury did not occur ...


Description Of The Albelda Clayton-Matthews/Iwpr 2017 Paid Family And Medical Leave Simulator Model, Alan Clayton-Matthews, Randy Albelda 2017 Northeastern University

Description Of The Albelda Clayton-Matthews/Iwpr 2017 Paid Family And Medical Leave Simulator Model, Alan Clayton-Matthews, Randy Albelda

Economics Faculty Publication Series

The basic strategy behind our approach to estimating the cost of a paid leave program was to, as much as possible, base estimates of program costs on actual known leave-taking behavior, and where this was not possible, to estimate a range of program costs reflecting a range of reasonable assumptions about unknown aspects of behavior in the presence of a paid leave program. We wanted to be able to estimate the sensitivity of program costs estimates to these assumptions. We also wanted to be able to analyze the distribution of program benefits by demographic characteristics. Furthermore, we wanted to be ...


The Flsa Permission Slip: Determining Whether Flsa Settlements And Voluntary Dismissals Require Approval, Alex Lau 2017 Fordham University School of Law

The Flsa Permission Slip: Determining Whether Flsa Settlements And Voluntary Dismissals Require Approval, Alex Lau

Fordham Law Review

The Fair Labor Standards Act of 1938 (FLSA) seeks to protect the poorest, most vulnerable workers by requiring that they be paid a minimum wage and compensated for their overtime labor. When employers do not pay their workers minimum wage or overtime compensation and thereby violate the FLSA, workers have the power to sue their employers for remuneration. Like many other types of cases, most FLSA cases settle before going to trial. Unlike those other types of cases, however, most courts have held that settlements of FLSA cases must be approved to be enforceable. Even though Federal Rule of Civil ...


Vol. 34, No. 4, John E. Rumel 2017 Chicago-Kent College of Law

Vol. 34, No. 4, John E. Rumel

The Illinois Public Employee Relations Report

Public Employee Speech: Answering the Unanswered And Related Questions in Lane v. Franks, by John E. Rumel

Recent Developments


A Business Alternative: Changing Employers' Perception Of The Eeoc Mediation Program, Mark Lim 2017 Pepperdine University

A Business Alternative: Changing Employers' Perception Of The Eeoc Mediation Program, Mark Lim

Pepperdine Dispute Resolution Law Journal

This paper will reveal employers' perception of the EEOC Mediation Program and offer viable changes that may encourage more employer participation in the mediation program. Although the mediation program is supposed to be fair and neutral, the possibility of favoritism, bias, prejudice, or the perception thereof remains high because of the mediation program's structure. If the EEOC were to make changes to its program that also creates a perception of impartiality, then employers would be more willing to participate. To demonstrate this, Part II of this article will begin by discussing the history of the EEOC from its initiating ...


The Constitutionality Of State Labor Relations Board Jurisdiction Over Parochial Schools: Catholic High School Association V. Culvert, 2017 St. John's University School of Law

The Constitutionality Of State Labor Relations Board Jurisdiction Over Parochial Schools: Catholic High School Association V. Culvert

The Catholic Lawyer

No abstract provided.


The Eternal Debate On External Law In Labor Arbitration: Where We Stand Five Decades After Meltzer V. Howlett, Philip Baldwin 2017 Pepperdine University

The Eternal Debate On External Law In Labor Arbitration: Where We Stand Five Decades After Meltzer V. Howlett, Philip Baldwin

Pepperdine Dispute Resolution Law Journal

This article details the oft-debated issue of how labor arbitrators should reconcile collective bargaining agreements (CBAs) with public sources of law, i.e., “external law,” particularly when the plain meaning of a CBA would lead to an arbitration award in contravention of public law. This article traces the origin of the debate back to 1967, when renowned labor arbitrators Robert Howlett and Bernard Meltzer took opposing views on the matter in front of the National Academy of Arbitrators. Although Meltzer’s traditional view, that arbitrators should respect the CBA and ignore the law when the two diverge, may have been ...


Replantar Un Campo: Derecho Internacional Del Trabajo Para El Siglo Xxi, Lance A. Compa 2017 Cornell University

Replantar Un Campo: Derecho Internacional Del Trabajo Para El Siglo Xxi, Lance A. Compa

Lance A Compa

No abstract provided.


Re-Planting A Field: International Labour Law For The Twenty-First Century, Lance A. Compa 2017 Cornell University

Re-Planting A Field: International Labour Law For The Twenty-First Century, Lance A. Compa

Lance A Compa

[Excerpt] In this talk I want to trace the development of the field and how international labour law has taken root in five areas: 1) trade legislation (namely, the US and EU Generalized System of Preferences), 2) trade agreements, 3) international organizations, 4) corporate social responsibility, and 5) lawsuits in national courts. In each, I try to give one or two examples of how international labour law works in practice. But first, some background on the international labour law field and my involvement with it.


Yeshiva Update: Administration 8, Union 0, Michael A. Foley 2017 St. John's University School of Law

Yeshiva Update: Administration 8, Union 0, Michael A. Foley

The Catholic Lawyer

No abstract provided.


The Symmetry Principle, Bradley A. Areheart 2017 University of Tennessee College of Law

The Symmetry Principle, Bradley A. Areheart

Boston College Law Review

Title VII provides symmetrical protection against discrimination in that both blacks and whites, and men and women may avail themselves of the law’s protections. In contrast, the Age Discrimination in Employment Act operates asymmetrically, shielding workers over the age of forty from discrimination yet offering no reciprocal protection for younger workers. Why do some antidiscrimination laws protect symmetrically while others do not? More importantly, why does this design choice matter? These are questions that scholars, courts, and legislators have generally ignored. This Article proceeds in two parts. First, it identifies symmetry as an important, yet frequently overlooked, way in ...


Employer Liability For Non-Employee Discrimination, Dallan F. Flake 2017 Ohio Northern University Pettit College of Law

Employer Liability For Non-Employee Discrimination, Dallan F. Flake

Boston College Law Review

Discrimination against employees by customers, vendors, and other third parties is a serious issue that will likely become even more pressing in the near future. Increased workplace interactions between employees and non-employees, coupled with the societal shift toward subtle, covert, and sometimes even unconscious discrimination, mean non-employee discrimination is likely to become more pervasive—even as it becomes harder to detect. As this perfect storm brews, it is worth considering how judicial treatment of non-employee discrimination can be improved. I argue that one of the most important changes needed is for the law to cease treating discrimination by non-employees and ...


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