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Full-Text Articles in Law
Due Process Supreme Court Appellate Division Third Department
Due Process Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Progressive Legal Thought, Herbert J. Hovenkamp
Progressive Legal Thought, Herbert J. Hovenkamp
All Faculty Scholarship
A widely accepted model of American legal history is that "classical" legal thought, which dominated much of the nineteenth century, was displaced by "progressive" legal thought, which survived through the New Deal and in some form to this day. Within its domain, this was a revolution nearly on a par with Copernicus or Newton. This paradigm has been adopted by both progressive liberals who defend this revolution and by classical liberals who lament it.
Classical legal thought is generally identified with efforts to systematize legal rules along lines that had become familiar in the natural sciences. This methodology involved not …
The Supreme Court's Labor And Employment Decisions: 2002-2003 Term, Maria O'Brien
The Supreme Court's Labor And Employment Decisions: 2002-2003 Term, Maria O'Brien
Faculty Scholarship
This article summarizes U.S. Supreme Court cases from the October 2002 term that related directly or indirectly to labor or employment law or have implications for labor and employment practitioners. Of particular interest are the University of Michigan affirmative action cases' and the Texas criminal sodomy case. 2 Although not nominally "labor and employment" cases, these cases will profoundly affect labor and employment issues. Lawrence v. Texas has already altered the lenses through which society views homosexuality and altered public discourse related to homosexuality and same-sex relationships. 3 The reasoning of the Court shows how far issues of sexuality have …
The Shore Line Status Quo Requirement, Daniel R. Elliott Iii
The Shore Line Status Quo Requirement, Daniel R. Elliott Iii
Cleveland State Law Review
This article examines the Supreme Court’s 1969 decision in Detroit & Toledo Shore Line Railroad v. United Transportation Union. It discusses the decisions following 1969 that weakened the Shore Line holding and thus undermined one of the principal purposes behind the Railway Labor Act. Part I lays out the background of the Railway Labor Act status quo requirements. Part II delves into the Shore Line decision. Part III explains the effect subsequent status quo decisions have had on the Shore Line holding. Part IV discusses related case law that also impacted the Shore Line holding. And finally, Part V points …
Recent Labor Law Decisions Of The Supreme Court, Terry A. Bethel
Recent Labor Law Decisions Of The Supreme Court, Terry A. Bethel
Articles by Maurer Faculty
This Article highlights the more notable labor and employment law decisions by the Supreme Court since the beginning of 1984.' Although the Court worked no major changes,2 it has been "tinkering and tailoring,"3 deferring to administrative interpretation or refining its own analysis from previous opinions. Even so, the Court has acted in important areas, and its decisions raise significant questions.
Kansas Labor Law And District Court Injunctions, Dan Hopson Jr.
Kansas Labor Law And District Court Injunctions, Dan Hopson Jr.
Articles by Maurer Faculty
No abstract provided.