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Labor and Employment Law

Journal

2012

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Articles 151 - 176 of 176

Full-Text Articles in Law

What Is The Correct Standard Of Prudence In Employer Stock Cases?, 45 J. Marshall L. Rev. 541 (2012), José Martin Jara Jan 2012

What Is The Correct Standard Of Prudence In Employer Stock Cases?, 45 J. Marshall L. Rev. 541 (2012), José Martin Jara

UIC Law Review

No abstract provided.


Battling Ptsd: Getting Reservists Suffering From Ptsd Back To Work Through Proposed Amendments To Userra And Va Disability Compensation Benefits, 45 J. Marshall L. Rev. 1201 (2012), Jeremiah Stephan Jan 2012

Battling Ptsd: Getting Reservists Suffering From Ptsd Back To Work Through Proposed Amendments To Userra And Va Disability Compensation Benefits, 45 J. Marshall L. Rev. 1201 (2012), Jeremiah Stephan

UIC Law Review

No abstract provided.


Becoming Too Small To Bail? Prospects For Workers In The 2011 Economy And 112th Congress, Lonnie Golden Jan 2012

Becoming Too Small To Bail? Prospects For Workers In The 2011 Economy And 112th Congress, Lonnie Golden

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana


Labor Policy And The Great Recession, Robert J. Flanagan Jan 2012

Labor Policy And The Great Recession, Robert J. Flanagan

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.


Elections, Neutrality Agreements, And Card Checks: The Failure Of The Political Model Of Industrial Democracy, James Y. Moore, Richard A. Bales Jan 2012

Elections, Neutrality Agreements, And Card Checks: The Failure Of The Political Model Of Industrial Democracy, James Y. Moore, Richard A. Bales

Indiana Law Journal

The secret-ballot election is the National Labor Relations Board’s preferred method for employees to determine whether they wish to be represented by a union. Employer domination of the election process, however, has led many unions to opt out of elections and instead to demand recognition based on authorization cards signed by a majority of employees. The primary objection to this “card check” process is that it is less democratic than the secret-ballot election. This Article places the issue in the context of the theoretical basis for claims of industrial democracy and argues that card checks are more consistent with the …


Public-Sector Labor In The Age Of Obama, Joseph E. Slater Jan 2012

Public-Sector Labor In The Age Of Obama, Joseph E. Slater

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.


Employment Arbitration 2011: A Realist View, Laura J. Cooper Jan 2012

Employment Arbitration 2011: A Realist View, Laura J. Cooper

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.


Shifting The Paradigm Of The Debate: A Proposal To Eliminate At-Will Employment And Implement A "Mandatory Arbitration Act", Zev J. Eigen, Nicholas F. Menillo, David S. Sherwyn Jan 2012

Shifting The Paradigm Of The Debate: A Proposal To Eliminate At-Will Employment And Implement A "Mandatory Arbitration Act", Zev J. Eigen, Nicholas F. Menillo, David S. Sherwyn

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.


Legal And Policy Standards For Addressing Workplace Racism: Employer Liability And Shared Responsibility For Race-Based Traumatic Stress, Robert T. Carter, Thomas D. Scheuermann Jan 2012

Legal And Policy Standards For Addressing Workplace Racism: Employer Liability And Shared Responsibility For Race-Based Traumatic Stress, Robert T. Carter, Thomas D. Scheuermann

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Comments: The "Walkaway Shop": Long-Term Union Avoidance And Management Decisions To Open New Facilities As Lawful Conduct Under The National Labor Relations Act, Garrett Wozniak Jan 2012

Comments: The "Walkaway Shop": Long-Term Union Avoidance And Management Decisions To Open New Facilities As Lawful Conduct Under The National Labor Relations Act, Garrett Wozniak

University of Baltimore Law Review

No abstract provided.


Montgomery County V. Shropshire: Trying To Shoehorn Police Intradepartmental Disciplinary Files Into The Wrong Cabinet, Wayne Heavener Jan 2012

Montgomery County V. Shropshire: Trying To Shoehorn Police Intradepartmental Disciplinary Files Into The Wrong Cabinet, Wayne Heavener

Maryland Law Review

No abstract provided.


Bad Reputation?: The Potential Negative Impact Of Outsourcing On The Legal Profession, Jennifer Spellman, Jeannea Varrichio Jan 2012

Bad Reputation?: The Potential Negative Impact Of Outsourcing On The Legal Profession, Jennifer Spellman, Jeannea Varrichio

Hofstra Labor & Employment Law Journal

No abstract provided.


Fits And Starts For Mandatory Arbitration, Roger B. Jacobs Jan 2012

Fits And Starts For Mandatory Arbitration, Roger B. Jacobs

Hofstra Labor & Employment Law Journal

No abstract provided.


The "Miscellaneous Employee": Exploring The Boundaries Of The Fair Labor Standards Act's Administrative Exemption, Blake R. Bertagna Jan 2012

The "Miscellaneous Employee": Exploring The Boundaries Of The Fair Labor Standards Act's Administrative Exemption, Blake R. Bertagna

Hofstra Labor & Employment Law Journal

No abstract provided.


Beyond The Water Cooler: Speech And The Workplace In An Era Of Social Media, Ann C. Mcginley, Ryan P. Mcginley-Stempel Jan 2012

Beyond The Water Cooler: Speech And The Workplace In An Era Of Social Media, Ann C. Mcginley, Ryan P. Mcginley-Stempel

Hofstra Labor & Employment Law Journal

No abstract provided.


The First Prong's Effect On The Docket: How The Second Circuit Should Modify The Mcdonnell Douglas Framework In Title Vii Reverse Discrimination Claims, Ryan Mainhardt, William Volet Jan 2012

The First Prong's Effect On The Docket: How The Second Circuit Should Modify The Mcdonnell Douglas Framework In Title Vii Reverse Discrimination Claims, Ryan Mainhardt, William Volet

Hofstra Labor & Employment Law Journal

No abstract provided.


Thoughts On The Latest Battles Over Erisa's Remedies, Brendan S. Maher Jan 2012

Thoughts On The Latest Battles Over Erisa's Remedies, Brendan S. Maher

Hofstra Labor & Employment Law Journal

No abstract provided.


Foreword: The Past, Present, And Future Of Supreme Court Jurisprudence On Erisa, 45 J. Marshall L. Rev. Xxv (2012), Colleen E. Medill Jan 2012

Foreword: The Past, Present, And Future Of Supreme Court Jurisprudence On Erisa, 45 J. Marshall L. Rev. Xxv (2012), Colleen E. Medill

UIC Law Review

No abstract provided.


The Supreme Court Fills A Gaping Hole: Cigna Corp. V. Amara Clarifies The Scope Of Equitable Relief Under Erisa, 45 J. Marshall L. Rev. 767 (2012), Susan Harthill Jan 2012

The Supreme Court Fills A Gaping Hole: Cigna Corp. V. Amara Clarifies The Scope Of Equitable Relief Under Erisa, 45 J. Marshall L. Rev. 767 (2012), Susan Harthill

UIC Law Review

No abstract provided.


Medical Provider Claims: Standing, Assignments, And Erisa Preemption, 45 J. Marshall L. Rev. 861 (2012), Kevin Wiggins Jan 2012

Medical Provider Claims: Standing, Assignments, And Erisa Preemption, 45 J. Marshall L. Rev. 861 (2012), Kevin Wiggins

UIC Law Review

No abstract provided.


Prescription For Change: Third Circuit Diagnoses Pharmaceutical Sales Representatives As Exempt From Overtime Pay In Smith V. Johnson & Johnson, Brooke Burns Jan 2012

Prescription For Change: Third Circuit Diagnoses Pharmaceutical Sales Representatives As Exempt From Overtime Pay In Smith V. Johnson & Johnson, Brooke Burns

Villanova Law Review

The article presents information on the pharmaceutical companies manufacturing brand-name drugs and the issues related to pharmaceutical sales representative (PSR). The intensive sales training program, the exempt from overtime pay based on the U.S. Fair Labor Standards Act and the economic justice and security of low income group are discussed. The court decision of Smith v. Johnson & Johnson, white-collar exemptions and employee misclassification are also discussed.


Three And Out: The Nfl's Concussion Liability And How Players Can Tackle The Problem, Jeremy P. Gove Jan 2012

Three And Out: The Nfl's Concussion Liability And How Players Can Tackle The Problem, Jeremy P. Gove

Vanderbilt Journal of Entertainment & Technology Law

In 1952, the New England Journal of Medicine published a study stating that a player should not continue playing professional football after suffering three concussions. As players continue to get bigger, faster, and stronger, the number of concussions has increased. In response to this problem, the National Football League (NFL) commissioned a study run by scientists and NFL team doctors to determine the long-term effects of concussions. That committee determined that no long-term repercussions exist after experiencing a concussion while playing NFL football. Despite the scientific community's critiques of the study, the NFL used the committee's findings to create the …


Swimming In The Crosscurrents Of History: Labor And Employment Law Under The Obama Administration, Kenneth G. Dau-Schmidt, Matthew Kelley Jan 2012

Swimming In The Crosscurrents Of History: Labor And Employment Law Under The Obama Administration, Kenneth G. Dau-Schmidt, Matthew Kelley

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana


Keynes Was Right!, Kenneth G. Dau-Schmidt Jan 2012

Keynes Was Right!, Kenneth G. Dau-Schmidt

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.


Purpose Over Formality: Putting An End To The Catch-22 Preventing Workers From Speaking Up About Erisa Benefit Abuse, 45 J. Marshall L. Rev. 893 (2012), Lucas Walker Jan 2012

Purpose Over Formality: Putting An End To The Catch-22 Preventing Workers From Speaking Up About Erisa Benefit Abuse, 45 J. Marshall L. Rev. 893 (2012), Lucas Walker

UIC Law Review

No abstract provided.


Once Is Enough: The Need To Apply The Full Ellerth/Faragher Affirmative Defense In Single Incident And Incipient Hostile Work Environment Sexual Harassment Claims, Charles W. Garrison Jan 2012

Once Is Enough: The Need To Apply The Full Ellerth/Faragher Affirmative Defense In Single Incident And Incipient Hostile Work Environment Sexual Harassment Claims, Charles W. Garrison

Catholic University Law Review

No abstract provided.