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- Antioch Law Journal (4)
- Book Review (2)
- Closing Argument (1)
- Collective Bargaining (1)
- Eleventh Circuit (1)
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- Energy Reorganization Act (1)
- First National Maintenance v. NLRB (1)
- Mandatory Duty to Bargain (1)
- Marc P. Weingarten (1)
- Nuclear Whistleblower Protection (1)
- Prosecutorial Misconduct (1)
- Protected Activity (1)
- Susan G. Kupfer (1)
- Tucker v. Kemp (1)
- United States Supreme Court (1)
- Whistleblower Law (1)
- Workers' Rights (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Nuclear Whistleblower Protection And The Scope Of Protected Activity Under Section 210 Of The Energy Reorganization Act, Stephen M. Kohn, Thomas Carpenter
Nuclear Whistleblower Protection And The Scope Of Protected Activity Under Section 210 Of The Energy Reorganization Act, Stephen M. Kohn, Thomas Carpenter
Antioch Law Journal
In 1978 Congress amended the Energy Reorganization Act in order to protect whistleblowers - employees who disclose potential violations of nuclear health and safety laws - from retaliation by their employers. 1 Since passage of the nuclear whistleblower protection amendment, the circuit courts of appeals are divided over the issue of what constitutes protected activity.The U.S. Court of Appeals for the Fifth Circuit held in 1984 that an employee must contact a "competent organ of government" to be protected. 2 The U.S. Courts of Appeals for the Ninth and Tenth Circuits have disagreed, and have held that employees who disclose …
Between Skylla And Charybdis: The Eleventh Circuit Rushes Toward Disaster In Tucker V. Kemp, Marshall Dayan
Between Skylla And Charybdis: The Eleventh Circuit Rushes Toward Disaster In Tucker V. Kemp, Marshall Dayan
Antioch Law Journal
In January 1983, the United States Court of Appeals for the Eleventh Circuit decided the case of Hance v. Zant. Establishing a stringent standard apparently in line with the Supreme Court's requirement of heightened reliability in capital cases, the Eleventh Circuit reversed Hance's death sentence. The court held, inter alia, that the prosecutor's inflammatory closing argument at the end of the sentencing phase of the trial was violative of the eighth and fourteenth amendments. Six months later, in a group of four other death penalty cases, the United States Supreme Court dismissed challenges to the sentencing process.2 The Court held …
Tribe: God Bless This Honorable Court. Reviewed By Susan G. Kupfer, Susan G. Kupfer
Tribe: God Bless This Honorable Court. Reviewed By Susan G. Kupfer, Susan G. Kupfer
Antioch Law Journal
No abstract provided.
Engelmayer And Wagman: Lord's Justice. Reviewed By Marc P. Weingarten, Marc P. Weingarten
Engelmayer And Wagman: Lord's Justice. Reviewed By Marc P. Weingarten, Marc P. Weingarten
Antioch Law Journal
No abstract provided.
First National Maintenance V. Nlrb: Limiting The Mandatory Duty To Bargain, Augusta Scribner
First National Maintenance V. Nlrb: Limiting The Mandatory Duty To Bargain, Augusta Scribner
Antioch Law Journal
In First National Maintenance Corp. v. NLRB I the United States Supreme Court further limited the subjects that require mandatory collective bargaining. 2 The Court overruled a long-standing National Labor Relations Board policy that required an employer to bargain about the decision to partially close its business. 3 The Court formulated a new balancing test that weighs the employer's need to maintain the freedom to manage its business against the benefit to labor-management relations and the collective bargaining process.