Law Commons^™

A Conference On The American Law Institute's Proposed Restatement Of Employment Law, Kenneth Glenn Dau-Schmidt

Articles by Maurer Faculty

In this volume, the Employee Rights and Employment Policy Journal presents the written reports of three working committees organized by the Labor Law Group on the American Law Institute’s Proposed Restatement (Third) of Employment Law, along with various written comments on and responses to these reports. These reports and comments were originally presented on February 7, 2009, at a conference on the American Law Institute’s Proposed Restatement (Third) of Employment Law held at the University of California – Hastings School of Law and co-hosted by the School of Law and the Labor Law Group. As the Chair of the Labor …

Solving The Employee Reference Problem: Lessons From The German Experience, Kenneth Glenn Dau-Schmidt, Matthew Finkin

Articles by Maurer Faculty

In this article we examine the problem of declining employer references in the American economy. We argue that the problem is not that employers inordinately fear potential slander and libel liability for giving references, but that they have no assurance of benefits from reciprocal references in exchange for taking any risk or suffering any cost in giving references. We provide a comparative legal analysis and argue that the United States might benefit from adopting an employer letter of recommendation system similar to that currently used in Germany.

"Old And Making Hay:" The Results Of The Pro Bono Institute Firm Survey On The Viability Of A "Second Acts" Program To Transition Attorneys To Retirement Through Pro Bono Work, Kenneth Glenn Dau-Schmidt, Esther Lardent, Reena Glazer, Kellen Ressmeyer

Articles by Maurer Faculty

In his 1998 Fairchild Lecture, Professor Marc Galanter proposed the idea that senior attorneys should be encouraged to undertake "a second 'public service' career" as a way of transitioning to retirement. The logic for encouraging such "Second Acts" in lawyers' careers is compelling. As Professor Galanter has demonstrated, in the coming years, there will be record numbers of attorneys navigating the transition to retirement as the "Baby Boomers" reach their golden years. This substantial body of highly skilled lawyers could have a significant impact on fulfilling unmet needs for legal representation. If even 5% of the practicing attorneys over sixty-five …

Economic Analysis Of Labor And Employment Law In The New Economy, Kenneth G. Dau-Schmidt, Alan Hyde, Michael Risch, Jagdeep Bhandari, Richard Block

Articles by Maurer Faculty

No abstract provided.

Domestic Violence And The Workplace: The Explosion Of State Legislation And The Need For A Comprehensive Strategy, Deborah A. Widiss

Articles by Maurer Faculty

In recent years, domestic violence legislation has migrated out of its traditional locus in family law and criminal law to include a rapidly growing body of employment law. The new laws respond to a relatively simple problem: Economic security is one of the most important factors in whether a victim of domestic violence will be able to separate from an abusive partner, but domestic violence often interferes with victims' ability to maintain jobs, thus causing job loss that further traps victims in abusive relationships. By providing supports to victims and empowering employers to take direct legal action against perpetrators of …

Advocating For The Employment Rights Of Victims Of Domestic Violence And Sexual Assault, Deborah A. Widiss, Robin R. Runge

Articles by Maurer Faculty

No abstract provided.

The Changing Face Of Collective Representation: The Future Of Collective Bargaining, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

No abstract provided.

Governance Of The Workplace: The Contemporary Regime Of Individual Contract, Kenneth G. Dau-Schmidt, Timothy A. Haley

Articles by Maurer Faculty

No abstract provided.

Employment Protection For Domestic Violence Victims, Deborah A. Widiss, Wendy R. Weiser

Articles by Maurer Faculty

No abstract provided.

High Velocity Labor Economics: A Review Essay Of Working In Silicon Valley: Economic And Legal Analysis Of A High-Velocity Labor Market, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

No abstract provided.

Erisa Preemption And The Case For A Federal Common Law Of Agency Governing Employer-Administrators, Joshua Fairfield

Articles by Maurer Faculty

No abstract provided.

Labor Law And Industrial Peace: A Comparative Analysis Of The United States, The United Kingdom, Germany, And Japan Under The Bargaining Model, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

In this Article, Professor Dau-Schmidt provides a comparative analysis of the labor laws of the United States, the United Kingdom, Germany, and Japan for the purposes of identifying which characteristics of a country's labor laws are likely to reduce strike incidence and intensity and promote industrial peace. To identify which characteristics of a country's law are likely to encourage industrial peace, Professor Dau-Schmidt presents game theory arguments based on his analysis of unions and collective bargaining. Dau-Schmidt then provides a simple empirical test as to the relative success of different countries' laws in advancing industrial peace by comparing data on …

Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.

The Failure Of Gissel Bargaining Orders, Terry A. Bethel, Catherine Melfi

Articles by Maurer Faculty

No abstract provided.

Laboring In The Academic Marketplace: The Case For Tenure, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

No abstract provided.

Employment Security: A Comparative Institutional Debate, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

No abstract provided.

Book Review. Sexual Abuse By Professionals: A Legal Guide By Steven B. Bisbing, Et.Al., Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

The Excludability Of Employment Discrimination Awards Under Code Section 104(A)(2) After Burke V. United States And Commissioner V. Schleier, Leandra Lederman

Articles by Maurer Faculty

No abstract provided.

Book Review. Turbulence!: Challenges And Opportunities In The World Of Work: Are You Prepared For The Future? By Roger E. Herman, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

Book Review. Fetal Protection In The Workplace And At Women's Expense, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

The Labor Market Transformed: Adapting Labor And Employment Law To The Rise Of The Contingent Work Force, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

The American labor market has been at the forefront of change in adapting the new information technology and engaging in global trade. These changes have led to new and increased use of contingent employment relationships such as part-time, temporary and subcontracted work which do not neatly fall under the definition of employee in most American protective legislation. With the advent of increasing numbers of contingent workers, these labor and employment laws must be reevaluated. In expanding upon Dr Richard S. Belous' previous critical analysis, this paper argues for a broader statutory definition of employee in current and future protective legislation …

Struggling Through The Thicket: Section 301 And The Washington Supreme Court, Mark L. Adams

Articles by Maurer Faculty

In this article, Professor Adams examines preemption doctrine under section 301 of the Labor Management Relations Act, focusing primarily on the Washington Supreme Court's 1992 decision in Commodore v. University Mechanical Contractors, Inc. The author traces the history of section 301 cases, comparing two different theories regarding its correct application. Under one theory, an employee's state law claim will be preempted if the underlying right is negotiable or if the employer's defenses implicate the collective bargaining agreement. Under the second theory, an employee's state law claim is preempted only when the right at issue derives from the provisions of a …

And Promises To Keep: The Future In Employment Discrimination, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

Overqualified, Unqualified Or Just Right: Thinking About Age Discrimination And Taggart V. Time, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

Recent Employment Law Decisions Of The Seventh Circuit And The Indiana Courts, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.

Wrongful Discharge: Litigation Or Arbitration?, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.

A Bargaining Analysis Of American Labor Law And The Search For Bargaining Equity And Industrial Peace, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

No abstract provided.

Recent Supreme Court Employment Law Decisions, 1990-91, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.

Labor And Employment Discrimination Cases In The Supreme Court 1989 Term, Julia C. Lamber, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.

Union Security Agreements Under The National Labor Relations Act: The Statute, The Constitution, And The Court's Opinion In Beck, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

The Supreme Court's recent decision in Communications Workers of America v. Beck interpreted section 8(a)(3) of the National Labor Relations Act (NLRA) to prohibit the observance of agency shop agreements. By interpreting the statute in this way, the Court avoided the question of whether union security agreements under the NLRA are subject to constitutional scrutiny. The Court's determination that section 8(a)(3) does not allow agency shop agreements was an important decision affecting the enforceability of union security agreements in the vast majority of private sector bargaining agreements.

In this Article, Professor Dau-Schmidt criticizes the Court's interpretation of section 8(a)(3) in …