Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Maurice A. Deane School of Law at Hofstra University (12)
- University of Michigan Law School (9)
- William & Mary Law School (9)
- University of New Hampshire (5)
- West Virginia University (5)
-
- Seattle University School of Law (4)
- Cleveland State University (3)
- Mercer University School of Law (3)
- University of Washington School of Law (3)
- Vanderbilt University Law School (3)
- Brigham Young University Law School (2)
- UIC School of Law (2)
- University at Buffalo School of Law (2)
- University of Richmond (2)
- Villanova University Charles Widger School of Law (2)
- Campbell University School of Law (1)
- Maurer School of Law: Indiana University (1)
- Northwestern Pritzker School of Law (1)
- Osgoode Hall Law School of York University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Baltimore Law (1)
- University of Kentucky (1)
- Washington and Lee University School of Law (1)
- Keyword
-
- Labor unions (10)
- Drug Testing (7)
- Employee Drug Abuse (7)
- Industrial relations (6)
- Organized labor (6)
-
- Collective bargaining (5)
- Employment (5)
- Employee fringe benefits (4)
- Discrimination (3)
- Discrimination in employment (3)
- National Labor Relations Act (3)
- Pensions (3)
- Age discrimination (2)
- Antitrust law (2)
- Deferrals (2)
- Employees (2)
- Free agency system (2)
- History (2)
- Labor relations (2)
- NFL (2)
- NFL player dispute (2)
- NFLPA (2)
- National Football League (2)
- National Labor Relations Board (2)
- Non-Statutory labor exemption (2)
- OSHA (2)
- Powell v. NFL (2)
- Restrictions on trade (2)
- Right of Privacy (2)
- Right of first refusal (2)
- Publication
-
- Hofstra Labor & Employment Law Journal (12)
- William & Mary Law Review (9)
- University of Michigan Journal of Law Reform (6)
- RISK: Health, Safety & Environment (1990-2002) (5)
- West Virginia Law Review (5)
-
- Seattle University Law Review (4)
- Cleveland State Law Review (3)
- Mercer Law Review (3)
- Vanderbilt Law Review (3)
- Washington Law Review (3)
- Buffalo Law Review (2)
- Michigan Law Review (2)
- UIC Law Review (2)
- University of Richmond Law Review (2)
- Villanova Law Review (2)
- BYU Law Review (1)
- Brigham Young University Journal of Public Law (1)
- Campbell Law Review (1)
- Indiana Law Journal (1)
- Kentucky Law Journal (1)
- Michigan Journal of International Law (1)
- Northwestern Journal of International Law & Business (1)
- Osgoode Hall Law Journal (1)
- Touro Law Review (1)
- University of Baltimore Law Review (1)
- Washington and Lee Law Review (1)
Articles 1 - 30 of 74
Full-Text Articles in Law
Employer Sexual Harassment Liability Under Agency Principles:A Second Look At Meritor Savingsbank, Fsb V. Vinson, Michael J. Phillips
Employer Sexual Harassment Liability Under Agency Principles:A Second Look At Meritor Savingsbank, Fsb V. Vinson, Michael J. Phillips
Vanderbilt Law Review
With its 1986 decision in Meritor Savings Bank, FSB v. Vinson,the United States Supreme Court put its imprimatur on the Title VII sexual harassment cause of action that had emerged over the preceding decade. Early commentary on the case tended to emphasize this aspect of the Court's decision or to speculate about Meritor's impact on the future course of Title VII sexual harassment litigation. Getting relatively short shrift in this early commentary, however, was the Court's command that "agency principles" --the common law of agency-- be consulted to determine an employer's liability for harassment committed by its employees.' As subsequent …
A Market Analysis Of Anticompetition Agreements In Labor Contracts, York Moody Faulkner
A Market Analysis Of Anticompetition Agreements In Labor Contracts, York Moody Faulkner
BYU Law Review
No abstract provided.
Two (Federal) Wrongs Make A (State) Right: State Class Action Procedures As An Alternative To The Opt-In Class Action Provisions Of The Adea, Janet M. Bowermaster
Two (Federal) Wrongs Make A (State) Right: State Class Action Procedures As An Alternative To The Opt-In Class Action Provisions Of The Adea, Janet M. Bowermaster
University of Michigan Journal of Law Reform
This Article argues that the opt-in class action of the ADEA is an anachronism and that age-discrimination litigants can take advantage of the broader protection afforded to Title VII litigants by bringing their ADEA suits as Rule 23 class actions in state courts. A comparison of the two statutes reveals similar purposes and nearly identical substantive provisions, but procedural provisions that provide less protection to victims of age discrimination, including widely disparate class-action provisions.
Drug Testing In The Workplace: A View From The Data, Michael R. Gottfredson, Carolyn Uihlein
Drug Testing In The Workplace: A View From The Data, Michael R. Gottfredson, Carolyn Uihlein
William & Mary Law Review
No abstract provided.
Letters To The Task Force, Richard A. Epstein, Mahmoud A. Elsohly, Herbert D. Kleber, John P. Morgan
Letters To The Task Force, Richard A. Epstein, Mahmoud A. Elsohly, Herbert D. Kleber, John P. Morgan
William & Mary Law Review
No abstract provided.
State-By-State Drug & Alcohol Testing Survey, Morgan, Lewis, & Bockius
State-By-State Drug & Alcohol Testing Survey, Morgan, Lewis, & Bockius
William & Mary Law Review
No abstract provided.
Mass Drug Testing: The Hidden Long-Term Costs, Craig M. Cornish, Donald B. Louria
Mass Drug Testing: The Hidden Long-Term Costs, Craig M. Cornish, Donald B. Louria
William & Mary Law Review
No abstract provided.
Proposal For A Substance Abuse Testing Act
Proposal For A Substance Abuse Testing Act
William & Mary Law Review
No abstract provided.
Introduction: A Balanced Approach To Drug Testing In The Workplace, Paul Marcus, Rodney A. Smolla
Introduction: A Balanced Approach To Drug Testing In The Workplace, Paul Marcus, Rodney A. Smolla
William & Mary Law Review
No abstract provided.
Applicant Testing For Drug Use: A Policy And Legal Inquiry, Jonathan V. Holtzman
Applicant Testing For Drug Use: A Policy And Legal Inquiry, Jonathan V. Holtzman
William & Mary Law Review
No abstract provided.
Alcohol And Drug Policy, Phillips Industries, Inc.
Alcohol And Drug Policy, Phillips Industries, Inc.
William & Mary Law Review
No abstract provided.
Labouring Outside The Charter, David M. Beatty
Labouring Outside The Charter, David M. Beatty
Osgoode Hall Law Journal
In this essay, Professor Beatty reviews the leading Charter cases decided by the Supreme Court of Canada which consider the constitutionality of a variety of different labour laws. In reasoning and result, he finds that by and large these cases provide strong support for those legal scholars who are generally sceptical of the law and critical of the courts and who predicted that, even with the Charter, it was unlikely the Court would change the antipathy judges have historically displayed to the interests of workers and their associations. However, while these legal theorists may draw some comfort from these decisions …
Penetrating Doctrinal Camouflage: Understanding The Development Of The Law Of Wrongful Discharge, Cornelius J. Peck
Penetrating Doctrinal Camouflage: Understanding The Development Of The Law Of Wrongful Discharge, Cornelius J. Peck
Washington Law Review
American courts developed the employment-at-will doctrine during the post-Civil War period of industrial and commercial expansion. Under that doctrine, either an employer or an employee could terminate an employment contract for any reason, good or bad. In the early 1980s, state supreme courts increasingly recognized exceptions to the employment-at-will doctrine to provide greater job protection for employees. In creating those exceptions, state courts have manipulated and stretched traditional legal doctrine to camouflage their reformist program. But that camouflage which facilitated changes in the law now often obscures the original reason for departing from the employment-at-will doctrine. Some state courts, including …
Free Exercise: A "Hollow Promise" For The Native American In Employment Division, Department Of Human Resources Of Oregon V. Smith, Debra Ann Mermann
Free Exercise: A "Hollow Promise" For The Native American In Employment Division, Department Of Human Resources Of Oregon V. Smith, Debra Ann Mermann
Mercer Law Review
In Employment Division, Department of Human Resources of Oregon v. Smith, the United States Supreme Court held that a state criminal prohibition of the use of peyote by bona fide members of the Native American Church and a subsequent denial of unemployment benefits upon their discharge for such use does not violate the free exercise clause of the first amendment of the United States Constitution. The Court determined that Oregon's prohibition of the sacramental use of peyote was a "generally applicable criminal law" and ruled that the "compelling interest" test which ordinarily applies when a state imposes a substantial …
Determining Just Cause: An Equitable Solution For The Workplace, Wendi J. Delmendo
Determining Just Cause: An Equitable Solution For The Workplace, Wendi J. Delmendo
Washington Law Review
A majority of courts now recognize that an employer's implied promise to discharge an employee only for just cause is an exception to the at-will employment doctrine. These courts, however, have not articulated a clear definition ofjust cause nor have they established a consistent standard for a jury's review of employer discharge decisions. This Comment suggests that courts develop strict guidelines for determining if an employee's conduct is just cause for discharge. Further, this Comment proposes that courts adopt a standard of review that requires the jury to balance employer and employee interests.
Employment Discrimination, Peter Reed Corbin, John E. Duvall
Employment Discrimination, Peter Reed Corbin, John E. Duvall
Mercer Law Review
In what no doubt will prove to be the calm before the storm, the number of cases decided in the area of employment discrimination during the 1990 survey period decreased significantly, both in the United States Supreme Court and in the United States Court of Appeals for the Eleventh Circuit. The decline in the number of Supreme Court pronouncements is not surprising, since the succession of landmark cases decided in the previous two years was truly remarkable, and such a pace realistically could not have continued. It also appears as if the Eleventh Circuit held back, waiting to see whether …
Labor Law, Diane L. Prucino, Glen P. Brock
Labor Law, Diane L. Prucino, Glen P. Brock
Mercer Law Review
This Article examines certain noteworthy decisions issued by the United States Court of Appeals for the Eleventh Circuit during 1990 in the areas of traditional labor law and employee benefits. More specifically, the decisions addressed constitute the Eleventh Circuit's most recent interpretations of the National Labor Relations Act ("NLRA"), the Labor-Management Reporting and Disclosure Act of 1959 ("LMRDA"), the Railway Labor Act ("RLA"), the Fair Labor Standards Act of 1938 ("FLSA"), the Employee Retirement Income Security Act of 1974 ("ERISA"), and the Occupational Safety and Health Act of 1970 ("OSHA"). Certain other labor-related cases are also discussed.
Fertile Women May Now Apply: Fetal Protection Policies After Johnson Controls, Barbara Ruhe Grumet
Fertile Women May Now Apply: Fetal Protection Policies After Johnson Controls, Barbara Ruhe Grumet
RISK: Health, Safety & Environment (1990-2002)
In its recent interpretation of Title VII of the Civil Rights Act, the U.S. Supreme Court leaves little room for permissible occupational sex discrimination. However, its decision has wider implications. Here, Professor Grumet takes a look at some of them from both a legal and a social perspective, including matters such as employees' reproductive freedom and employers' potential liability for a variety of possible injuries to employees' offspring.
A Contrasting View Of The Effect Of Foreign Competition On Labor Unionism In The United States, Charles R. Greer, Robert T. Rhodes
A Contrasting View Of The Effect Of Foreign Competition On Labor Unionism In The United States, Charles R. Greer, Robert T. Rhodes
West Virginia Law Review
No abstract provided.
Labor In The Era Of Multinationalism: The Crisis In Bargained-For Fringe Benefits, Staughton Lynd, Alice Lynd
Labor In The Era Of Multinationalism: The Crisis In Bargained-For Fringe Benefits, Staughton Lynd, Alice Lynd
West Virginia Law Review
No abstract provided.
Constructive Discharge: A Suggested Standard For West Virginia And Other Jurisdictions, Mark W. Kelley
Constructive Discharge: A Suggested Standard For West Virginia And Other Jurisdictions, Mark W. Kelley
West Virginia Law Review
No abstract provided.
Private Plaintiffs' Use Of Equitable Remedies Under The Rico Statute: A Means To Reform Corrupted Labor Unions, Randy M. Mastro, Steven C. Bennett, Mary P. Donlevy
Private Plaintiffs' Use Of Equitable Remedies Under The Rico Statute: A Means To Reform Corrupted Labor Unions, Randy M. Mastro, Steven C. Bennett, Mary P. Donlevy
University of Michigan Journal of Law Reform
Part I of this Article outlines the government's approach to civil RICO actions involving labor unions, including an overview of the government's prior civil RICO actions and a summary of the types of issues that often arise in such actions. Part II examines the unique issues involved in a civil RICO action brought by a private plaintiff. The principal issue addressed in this Part is whether a private plaintiff can bring an action under the equitable remedies provisions of the RICO statute. This Part also addresses the issues of how a private plaintiff can gain access to information that may …
Introduction, Theodore J. St. Antoine
Introduction, Theodore J. St. Antoine
University of Michigan Journal of Law Reform
An introduction to a 1991 Symposium covering the topic of union democracy.
Union Trusteeships And Union Democracy, Clyde W. Summers
Union Trusteeships And Union Democracy, Clyde W. Summers
University of Michigan Journal of Law Reform
I start from the fundamental premise that unions should be democratic. They must be democratic if they are to serve the union movement's own mission and if they are to serve our society's democratic values.
The Nlrb's Deferral Policy And Union Reform: A Union Perspective, Leonard Page, Daniel W. Sherrick
The Nlrb's Deferral Policy And Union Reform: A Union Perspective, Leonard Page, Daniel W. Sherrick
University of Michigan Journal of Law Reform
Part I of this Article outlines the government's approach to civil RICO actions involving labor unions, including an overview of the government's prior civil RICO actions and a summary of the types of issues that often arise in such actions. Part II examines the unique issues involved in a civil RICO action brought by a private plaintiff. The principal issue addressed in this Part is whether a private plaintiff can bring an action under the equitable remedies provisions of the RICO statute. This Part also addresses the issues of how a private plaintiff can gain access to information that may …
Deferral And The Dissident, Paul Alan Levy
Deferral And The Dissident, Paul Alan Levy
University of Michigan Journal of Law Reform
I discuss two examples involving a dissident group, Teamsters for a Democratic Union (TDU), that vividly illustrate the problems with NLRB deferral. I then examine the development and evolution of the NLRB's policies concerning deferral to arbitration. Next, I review the statutory- and policy-based arguments advanced for and against deferral. I attempt to assess the best reasons given for the deferral doctrine, while showing why, at least in its current incarnation, NLRB deferral doctrine is contrary to the requirements of the NLRA. More specifically, I show that, to the extent that deferral has some legitimate basis, it is founded on …
Back To The Future Of Labor Law, Matthew W. Finkin
Back To The Future Of Labor Law, Matthew W. Finkin
William & Mary Law Review
No abstract provided.
Union-Community Relations In Buffalo: A Preliminary Assessment, Lawrence G. Flood
Union-Community Relations In Buffalo: A Preliminary Assessment, Lawrence G. Flood
Buffalo Law Review
No abstract provided.
Exploring A Second Level Of Parity: Suggestions For Developing An Analytical Framework For Forum Selection In Employment Discrimination Litigation, Susan E. Powley
Exploring A Second Level Of Parity: Suggestions For Developing An Analytical Framework For Forum Selection In Employment Discrimination Litigation, Susan E. Powley
Vanderbilt Law Review
In April 1990 in Yellow Freight System, Inc. v. Donnelly, the United States Supreme Court resolved a split among the circuit courts and held that state and federal courts have concurrent jurisdiction over Title VII claims." This decision strengthens a presumption that state courts, as a whole, can be equal to their federal counterparts in adjudicating federal employment discrimination claims. It also further complicates the process of forum selection for employment discrimination litigants. Because plaintiffs now may present Title VII claims in state court, the doctrine of res judicata will bar any subsequent presentation of Title VII claims in federal …
A Study Of Coal Arbitration Under The National Bituminous Coal Wage Agreement Between 1975- And 1990, Calvin William Sharpe
A Study Of Coal Arbitration Under The National Bituminous Coal Wage Agreement Between 1975- And 1990, Calvin William Sharpe
West Virginia Law Review
No abstract provided.