Law Commons^™

Employer Neutrality?, Thomas Kohler

Thomas C. Kohler

It is for workers alone to decide whether to organize for purposes of collective bargaining. However, this does not mean that employers are strictly obligated to remain neutral. Within the at times imprecise limits of Art. ?8(a)(1), an employer can mount a campaign against its employees’ efforts to organize. Once issues pertaining to this were quite dull – but they are no longer so today. Today, employer neutrality is a very lively and hotly contested topic. The NLRB has been heavily criticized by congressional Republicans; the future of its drafts and rules is hazy. The legitimacy of collective bargaining has …

An Alternative Universe To §1113 Of The Bankruptcy Code: The Mediation Of American Airlines And Its Pension Obligations, Max Schatzow

Max Schatzow

This paper explores mandatory mediation as an alternative method to the current §1113 framework, where judges determine the fate of collective bargaining agreements. Through dialogue, this paper will explore one potential outcome to the ongoing dispute between the various labor unions with collective bargaining agreements with American Airlines.

Whistleblowers And The Obama Presidency: The National Security Dilemma, Richard E. Moberly

Richard E. Moberly

As a candidate for President, Barack Obama promised to protect whistleblowers because they are, in his words, “watchdogs of wrongdoing and partners in performance.” Three years into his Presidency, Obama’s record often demonstrates strong support for employees who disclose government misconduct. He appointed whistleblower-rights supporters to key administrative posts and fought to include robust whistleblower protections in his key legislative accomplishments, such as the economic stimulus package, health care reform and the financial reform bill. However, the Obama Administration’s treatment of national security whistleblowers has been decidedly less emphatic and more nuanced. His Administration aggressively prosecuted unauthorized disclosures related to …

An Alternative Universe To §1113 Of The Bankruptcy Code: The Mediation Of American Airlines And Its Pension Obligations, Max L. Schatzow

Max Schatzow

This paper explores mandatory mediation as an alternative method to the current §1113 framework, where judges determine the fate of collective bargaining agreements. Through dialogue, this paper will explore one potential outcome to the ongoing dispute between the various labor unions with collective bargaining agreements with American Airlines.

Off-Balance: Obama And The Work-Family Agenda, Rona Kaufman Kitchen

Rona Kaufman Kitchen

During his bid for the Presidency, Barack Obama specifically identified work-family conflict as a key issue that would receive attention and reform if he became President. After entering the White House, President Obama continued to consistently articulate that work-family balance issues were a priority for America's families and for his administration. In May 2011, the President reaffirmed his dedication to the issues that face working parents, stating that his administration was, "striving to help mothers in the workplace by enforcing equal pay laws and addressing workplace flexibility as families balance the demands of work, child and elder care, and education." …

Legally Invisible: Women’S Property Rights In Polygamous Relationships, Aleksandra M. De Medeiros Vieira

Aleksandra M de Medeiros Vieira

No abstract provided.

Life After Act 10?: Is There A Future For Collective Representation Of Wisconsin Public Employees?, Martin H. Malin

Martin H. Malin

No abstract provided.

You Can’T Do That! Directors Insuring Against Criminal Whs Penalties, Neil J. Foster

Neil J Foster

This article considers the question of whether it is possible for company officers, who may be fixed with personal liability for civil damages and criminal penalties for workplace health and safety injuries, to insure against such liability. It will also touch on related issues to do with indemnities being provided by companies. It concludes that insurance against criminal penalties is void as a matter of public policy, and ought not to be offered by insurers or relied upon by company officers. It is also suggested that government regulators would be justified in taking action to highlight the problems caused by …

Workplace Health And Safety Law In Australia Update No 1, Neil J. Foster

Neil J Foster

This is one of a series of updates I will be issuing to provide notes of recent developments in Workplace Health and Safety Law which either have occurred after the book was published, or which I hadn't noticed previously. Update No 1 deals with changes to the common law in relation to actions for nervous shock by relatives of workers who are killed or injured by their employer's negligence.

Book Review: Capital And Its Discontents: Conversations With Radical Thinkers In A Time Of Tumult By Sasha Lilly (Pm Press, 2011), Nick J. Sciullo

Nick J. Sciullo

No abstract provided.

Go For The Gold By Utilizing The Olympics, Adam Epstein

Adam Epstein

The purpose of this article is to demonstrate ways to incorporate legal issues related to the Olympic Games in the business law or legal environment course. This article provides a brief history of the legislation which has established the legal authority of the United States Olympic Committee (USOC), prominent cases, relevant laws and other legal issues that encompass the Olympic Games and their administration in the United States. Legal issues related to constitutional law, arbitration, jurisdiction, gender and disability discrimination, intellectual property, are also presented in a way in which the professor can use the Olympics as part of the …

Issues Players Face With The Collective Bargaining Process, Matthew J. Parlow

Matthew Parlow

Unpacking The Employee-Misconduct Defense, Sachin S. Pandya

Sachin S. Pandya

When a worker sues an employer, the employer sometimes learns thereafter that the worker had committed some misconduct at the time of hire or while on the job. In those cases, most American work laws provide the employer with a defense that precludes employer liability, or at least limits remedies, if the employer shows that, had it known of the worker’s misconduct at the time of its allegedly wrongful act, it would have fired the worker because of that misconduct. This Article evaluates the prevailing arguments for and against the employee-misconduct defense as it appears in the National Labor Relations …