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Articles 1 - 6 of 6
Full-Text Articles in Law
The Bfoq Defense In Adea Suits: The Scope Of "Duties Of The Job", Robert L. Fischman
The Bfoq Defense In Adea Suits: The Scope Of "Duties Of The Job", Robert L. Fischman
Michigan Law Review
This Note examines these three possible interpretations of which job characteristics a court must examine when determining the validity of a BFOQ defense to an ADEA suit and concludes that the Eighth Circuit's standard is correct. Because disputes over which interpretation is proper arise almost exclusively in cases involving public safety occupations, this Note discusses the standards for measuring that scope within the framework of the policy considerations associated with public safety. Part I of this Note discusses the three current standards used to determine the scope of the BFOQ defense. Part II illuminates the problems inherent in having three …
Shareholders Versus Managers: The Strain In The Corporate Web, John C. Coffee Jr.
Shareholders Versus Managers: The Strain In The Corporate Web, John C. Coffee Jr.
Michigan Law Review
Part I will seek to understand why firms trade in the stock market at a substantial discount from their asset value. It will answer that existing theories of the firm have not given adequate attention to a critical area where shareholders and managers have an inherent conflict, one that the existing structure of the firm does not resolve or mitigate. Despite the significant changes in the internal structure of the corporation over the last half century that have been described by business historians, there remains a deep internal strain between shareholders, on the one hand, and managers and employees, on …
Employer Postcertification Polls To Determine Union Support, James D. Dasso
Employer Postcertification Polls To Determine Union Support, James D. Dasso
Michigan Law Review
This Note evaluates these competing standards in light of the two major policy objectives of the NLRA: industrial stability and employee free choice. It concludes that the courts of appeals properly apply a less stringent standard. Part I considers employer polling in the larger context of the general law of employer interrogation. This section concludes that the Board's standard for postcertification polling deviates significantly from the general law of employer interrogation as well as the more specific rules established for precertification polling. The remainder of this Note demonstrates that the Board's distinctions between pre- and postcertification polling do not justify …
When Justice Fails, Stephan Landsman
When Justice Fails, Stephan Landsman
Michigan Law Review
A Review of The Haymarket Tragedy by Paul Avrich
Challenges And Choices Facing American Labor, George Feldman
Challenges And Choices Facing American Labor, George Feldman
Michigan Law Review
A Review of Challenges and Choices Facing American Labor edited by Thomas A. Kochan
Evaluating Unions: Labor Economics And The Law, Michael J. Goldberg
Evaluating Unions: Labor Economics And The Law, Michael J. Goldberg
Michigan Law Review
A Review ofWhat Do Unions Do? by Richard B. Freeman and James L. Medoff