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The Ncaa And The Rule Of Reason, Herbert J. Hovenkamp 2017 University of Pennsylvania Law School

The Ncaa And The Rule Of Reason, Herbert J. Hovenkamp

Faculty Scholarship

This brief essay considers the use of antitrust’s rule of reason in assessing challenges to rule making by the NCAA. In particular, it looks at the O’Bannon case, which involved challenges to NCAA rules limiting the compensation of student athletes under the NCAA rubric that protects the “amateur” status of collegiate athletes. Within that rubric, the Ninth Circuit got the right answer.

That outcome leads to a broader question, however: should the NCAA’s long held goal, frequently supported by the courts, of preserving athletic amateurism be jettisoned? Given the dual role that colleges play, that is a ...


What Should We Do After Work? Automation And Employment Law, Cynthia Estlund 2017 NYU School of Law

What Should We Do After Work? Automation And Employment Law, Cynthia Estlund

New York University Public Law and Legal Theory Working Papers

Will advances in robotics, artificial intelligence, and machine learning put vast swaths of the labor force out of work or into fierce competition for the jobs that remain? Or, as in the past, will new jobs arise to absorb workers displaced by automation? These hotly debated questions have profound implications for labor and employment law, and for the fortress of social entitlements that has been built on the foundation of the employment relationship. That is because, first, the law of work effectively “taxes” the employment of human labor; to the extent that it adds to labor costs, it is a ...


Child Labor Trafficking In The United States: A Hidden Crime, Katherine Kaufka Walts JD 2017 Center for the Human Rights of Children at Loyola University Chicago

Child Labor Trafficking In The United States: A Hidden Crime, Katherine Kaufka Walts Jd

Center for the Human Rights of Children

Emerging research brings more attention to labor trafficking in the United States. However, very few efforts have been made to better understand or respond to labor trafficking of minors. Cases of children forced to work as domestic servants, in factories, restaurants, peddling candy or other goods, or on farms may not automatically elicit suspicion from an outside observer as compared to a child providing sexual services for money. In contrast to sex trafficking, labor trafficking is often tied to formal economies and industries, which often makes it more difficult to distinguish from ”legitimate” work, including among adolescents. This article seeks ...


Vol. 34, No. 3, Jeffery M. Brown 2017 Chicago-Kent College of Law

Vol. 34, No. 3, Jeffery M. Brown

The Illinois Public Employee Relations Report

Collision Course of Legal Obligations: FOIA, Collective Bargaining and Privacy Considerations: by Jeffery M. Brown

Recent Developments


To Solve It Aright: Rerum Novarum And New Jersey's Answer To Catholic Bishop Of Chicago, Daniel T. Paxton 2017 Brigham Young University Law School

To Solve It Aright: Rerum Novarum And New Jersey's Answer To Catholic Bishop Of Chicago, Daniel T. Paxton

Brigham Young University Education and Law Journal

No abstract provided.


Is The Ncaa Finally Loosening Its Iron Grip On College Basketball By Allowing Underclassmen The Opportunity To Return To College After Declaring For The Nba Draft?, Neil Patel 2017 Pepperdine University

Is The Ncaa Finally Loosening Its Iron Grip On College Basketball By Allowing Underclassmen The Opportunity To Return To College After Declaring For The Nba Draft?, Neil Patel

The Journal of Business, Entrepreneurship & the Law

The National Collegiate Athletic Association (NCAA) Oversight Committee has proposed a new rule that allows undergraduate college basketball players to reject the National Basketball Association (NBA) and return to school after they have submitted their name for the draft. This rule represents a great change in the policies that regulate college sports, specifically college basketball. The NCAA has ruled college basketball with an iron fist, but with this new proposal, it seems that it is beginning to help our college athletes sustain some semblance of a normal life after their playing days are over. Importantly, the rule is merely a ...


Employed By An Algorithm: Labor Rights In The On-Demand Economy, Elizabeth J. Kennedy 2017 Seattle University School of Law

Employed By An Algorithm: Labor Rights In The On-Demand Economy, Elizabeth J. Kennedy

Seattle University Law Review

This Article analyzes the viability of legislation extending labor rights to workers currently excluded from protection in the on-demand economy. Uber, perhaps the most well-known business operating in the on-demand economy, classifies its drivers as independent contractors, which strips them of federal rights to organize a union. Uber argues that its algorithm-based business model has essentially transformed the employment relationship, suggesting traditional labor laws are no longer necessary. This argument is belied by the economic realities of the workers who make those algorithms possible and profitable. While some prefer working multiple “gigs,” many on-demand workers struggle to piece together full-time ...


The Role Of Law In Educational Decision Making - A Symposium - Introduction, Donald W. Dowd 2017 Selected Works

The Role Of Law In Educational Decision Making - A Symposium - Introduction, Donald W. Dowd

Donald W. Dowd

No abstract provided.


Walking On Eggshells In The Workplace: Denying Workers’ Compensation Liability Using The Employee Knowledge Standard In Ramirez-Trujillo V. Quality Egg, L.L.C., Christopher Cataldo 2017 Boston College Law School

Walking On Eggshells In The Workplace: Denying Workers’ Compensation Liability Using The Employee Knowledge Standard In Ramirez-Trujillo V. Quality Egg, L.L.C., Christopher Cataldo

Boston College Journal of Law & Social Justice

On April 15, 2016, the Iowa Supreme Court held that employers in workers’ compensation cases could deny liability for medical expenses incurred by employees even if they did not give notice to the employee that expenses were no longer authorized. Employers can avoid liability by demonstrating that the employee knew or reasonably should have known that such expenses were no longer authorized at the time the employee incurred them. In reaching this decision, the Iowa Supreme Court reversed two lower court decisions and the workers’ compensation commissioner. Judge Daryl L. Hecht’s dissent argued against the majority’s new “employee ...


Riding The Wave: Uplifting Labor Organizations Through Immigration Reform, Jayesh M. Rathod 2017 American University

Riding The Wave: Uplifting Labor Organizations Through Immigration Reform, Jayesh M. Rathod

Jayesh Rathod

No abstract provided.


Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh M. Rathod, Michal Skapski 2017 Selected Works

Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh M. Rathod, Michal Skapski

Jayesh Rathod

U.S. employment law has traditionally disfavored bright-line rules to distinguish between traditional “employees” and independent contractors, instead relying on more flexible criteria, to be applied on a case-by-case basis. This fluidity has enabled employers to structure these relationships – and the corresponding bundle of worker rights and benefits – in ways that serve their own material and normative interests. Indeed, recent employment law literature has noted a dramatic shift towards independent contracting and contingent worker schemes in the U.S., even when the actual workplace dynamics are more akin to an employer-employee relationship. These same trends are now visible on the ...


A Gateway Into The South?: The Effect Of The Uaw's Proposed Introduction Of European-Style Works Councils Into Collective Bargaining In The United States, Gregory Mark 2017 University of Georgia School of Law

A Gateway Into The South?: The Effect Of The Uaw's Proposed Introduction Of European-Style Works Councils Into Collective Bargaining In The United States, Gregory Mark

Georgia Journal of International & Comparative Law

No abstract provided.


Organizing The Academcy: Strategies And Structures, William A. Herbert 2017 Hunter College, City University of New York

Organizing The Academcy: Strategies And Structures, William A. Herbert

William A. Herbert

Legal history and labor law concepts are essential tools for analyzing structures of unionization and collective bargaining, and in developing effective strategies.  Reductionism concerning labor law can lead to flawed analysis.  This powerpoint presentation briefly reviews the history and concepts, and provides fresh data regarding new faculty and student employee unionization, and strikes (Powerpoint, 17-28).

Prior to the creation and application of statutory associational rights, some higher education institutions voluntarily recognized and negotiated with unions representing faculty and other workers on campus.   Voluntary recognition, which includes foregoing procedures for certification under the National Labor Relations Act (NLRA) and similar public ...


Collective Bargaining, Sara Slinn 2017 Osgoode Hall Law School of York University

Collective Bargaining, Sara Slinn

Sara Slinn

This research project reviews and evaluates the academic literature relating to obtaining and maintaining collective bargaining rights under the OLRA. Research indicates that procedural changes to representation processes including the mandatory representation vote significantly reduced the likelihood of certification, and that these effects were concentrated in more vulnerable units. This may partly be due to greater opportunity for delay and employer resistance under vote procedure compared to under card-based certification. The research also indicates that delay has significant effects on certification outcomes, as do ULP complaints and employer resistance tactics. ULPs have negative long-term effects, and are associated with difficulties ...


Migrant Workers And Fissured Workforces: Cs Wind And The Dilemmas Of Organizing Intra-Company Transfers In Canada, Eric M Tucker 2017 Osgoode Hall Law School of York University

Migrant Workers And Fissured Workforces: Cs Wind And The Dilemmas Of Organizing Intra-Company Transfers In Canada, Eric M Tucker

Eric M. Tucker

Canadian temporary foreign worker programs have been proliferating in recent years. While much attention has deservedly focused on programs that target so-called low-skilled workers, such as seasonal agricultural workers and live-in caregivers, other programs have been expanding, and have recently been reorganized into the International Mobility Program (IMP). Streams within the IMP are quite diverse and there are few legal limits on their growth. One of these, intra-company transfers (ICTs), is not new, but it now extends beyond professional and managerial workers to more permeable and expansive categories. As a result, unions increasingly face the prospect of organizing workplaces where ...


Fixed-Term Contracts And Principle Of Equal Treatment In Canada, Eric M Tucker, Alec Stromdahl 2017 Osgoode Hall Law School of York University

Fixed-Term Contracts And Principle Of Equal Treatment In Canada, Eric M Tucker, Alec Stromdahl

Eric M. Tucker

Canada is best characterized as a liberal market economy which lightly regulates employment relations and, in particular, the duration of employment contracts.1 As such, many of the kinds of protections that might be found in other countries included in this dossier are not present in Canada. There are, however, a few older statutory provisions that limit the length of fixed-term contracts and impose formalities for their creation because of a concern about the creation of disguised forms of unfree labour. There is also a small body of common law that reflects a preference for contracts of indefinite hiring over ...


Employment Standards Enforcement: A Scan Of Employment Standards Complaints And Workplace Inspections And Their Resolution Under The Employment Standards Act, 2000, Leah F. Vosko, Andrea M. Noack, Eric Tucker 2017 Osgoode Hall Law School of York University

Employment Standards Enforcement: A Scan Of Employment Standards Complaints And Workplace Inspections And Their Resolution Under The Employment Standards Act, 2000, Leah F. Vosko, Andrea M. Noack, Eric Tucker

Eric M. Tucker

No abstract provided.


The Faces Of Coercion: The Legal Regulation Of Labor Conflict In Ontario, 1880-1889, Eric Tucker 2017 Osgoode Hall Law School of York University

The Faces Of Coercion: The Legal Regulation Of Labor Conflict In Ontario, 1880-1889, Eric Tucker

Eric M. Tucker

This article is part of a larger study of Canadian labor law before the advent of statutory collective bargaining, which questions the traditional periodization and the meanings of the categories. It is often an un-articulated premise that the exercise by employers of their superior economic power, as imparted and structured through the law of property and contract, is not coercion. Rather, the analysis is restricted to direct state coercion, exercised through the criminal law, the police, and the injunction. This framework produces a partial view of the role of law and interferes with an analysis of the strategic choices made ...


Book Review: Assault On The Worker: Occupational Health And Safety In Canada By Charles E. Reasons, Lois L. Ross And Craig Paterson, Eric M Tucker 2017 Osgoode Hall Law School of York University

Book Review: Assault On The Worker: Occupational Health And Safety In Canada By Charles E. Reasons, Lois L. Ross And Craig Paterson, Eric M Tucker

Eric M. Tucker

No abstract provided.


Outsourcing And Supply Chains In Canada, Eric Tucker, Leah F. Vosko, John Grundy, Alec Stromdahl 2017 Osgoode Hall Law School of York University

Outsourcing And Supply Chains In Canada, Eric Tucker, Leah F. Vosko, John Grundy, Alec Stromdahl

Eric M. Tucker

While data on the extent of outsourcing by Canadian businesses is scant, there is general agreement that over the last several decades the phenomenon has increased and taken a variety of forms including the use of global supply-chains (offshoring) and domestic subcontracting (outsourcing).175 In this way, large businesses have been able to shed responsibility for the employees who actually perform the work. David Weil has aptly characterized this phenomenon as “fissuring”, which can take a variety of forms including sub-contracting, franchising, and other arrangements.176 A related phenomenon that will be addressed here is the use of temporary employment ...


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