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Full-Text Articles in Law
Abortion, Citizenship, And The Right To Travel, Rebecca E. Zietlow
Abortion, Citizenship, And The Right To Travel, Rebecca E. Zietlow
Employee Rights and Employment Policy Journal
This article considers the changed landscape for abortion rights since the United States Supreme Court’s opinion in Dobbs v. Jackson Women’s Health. Before Dobbs, the right to choose an abortion was a fundamental right under federal law, enforceable against all state governments. After Dobbs, the scope of one’s right to choose an abortion depends on the state in which one lives, and if abortion is illegal in their home state, their right to travel to another state where abortion is legal. The right to travel is particularly important for workers who must live in an anti-abortion state because their …
Labor Law's Impact On The Post-Dobbs Workplace, Jeffrey M. Hirsch
Labor Law's Impact On The Post-Dobbs Workplace, Jeffrey M. Hirsch
Employee Rights and Employment Policy Journal
The Supreme Court’s Dobbs decision has left many workers, especially in states with restrictive abortion-related laws, in a precarious position. Labor laws and unions, however, provide one avenue for providing these workers with more protections. Unions can demand bargaining to protect or expand health care, leave, and other terms of employment that give workers with means to obtain abortion-related care. Unions can also provide members legal defense and other support if they face prosecutions. Additionally, both union and non-union workers who make up the vast majority of workers in states with restrictive laws may have labor law protection for discussing …
Whither The Wagner Act: On The Waning View Of Labor Law And Leviathan, Brandon R. Magner
Whither The Wagner Act: On The Waning View Of Labor Law And Leviathan, Brandon R. Magner
Employee Rights and Employment Policy Journal
The National Labor Relations Act’s (NLRA) well-documented weaknesses in substance and enforcement, combined with legislators’ inability to adapt the Act to the modern economy, have understandably created many cynics in the field of labor law. For several decades, legal scholars have almost unanimously derided the NLRA and the agency which administers it, the National Labor Relations Board (NLRB), for failing to prevent rampant anti-union conduct by employers and the collapse of the union formation process through the Board’s election machinery. This “ossification” of the law, as it has come to be known, is considered to be a key contributor to …