Law Commons^™

Who Made That?: Influencing Foreign Labour Practices Through Reflexive Domestic Disclosure Regulation, David J. Doorey

Osgoode Hall Law Journal

An important tool of "decentred" regulation, including reflexive law, is corporate information disclosure. Disclosure regulation can have an important normative influence on corporate behaviour because it introduces a risk element that must be managed by corporate leaders. The challenge for regulators is to identify the scope of disclosure that will cause corporate responses of the sort desired by the state. This article considers the potential role of disclosure regulation as a tool for influencing labour practices beyond the borders of the regulating state and, in particular, within the vast global supply chains of multinational corporations. In the context of improving …

Labor And Employment Law, Thomas M. Winn Iii, Lindsey H. Dobbs

University of Richmond Law Review

No abstract provided.

If It's Hardly Worth Doing, It's Hardly Worth Doing Right: How The Nlra's Goals Are Defeated Through Inadequate Remedies, Robert M. Worster Iii

University of Richmond Law Review

No abstract provided.

Human Rights, Health, And Corporations, Gerald Montgomery

Human Rights & Human Welfare

Unfettered economic policies have had a notable effect on the state of human rights. With the increasing spread of transnational corporations (TNCs), non-governmental organizations (NGOs) play a major role in setting ethical and moral standards for with the quality of life in the developing states where TNCs do business. Many TNCs are trying frantically to implement strategies that would alleviate labor injustices and corrupt practices in order to meet the standards argued for by NGOs.

Day Laborers, Friend Or Foe: A Survey Of Community Responses, Mauricio A. Espana

Fordham Urban Law Journal

This comment discusses the various ways that communities that benefit from day laborers respond to the presence of the "underground" employment phenomenon. Part I provides some background into the day laborers' situation, livelihood, and legal rights. Part II discusses the competing issues faced by day laborers, as well as the issues the laborers present to community residents, employers, and the United States Government. Finally, Part III discusses the different solutions that communities confronted with day laborers have proposed and implemented, and concludes that it is in the best interests of all parties involved that communities accept day labors and accommodate …

The Economic Case For Labor Standards: A Layman’S Guide, Thomas I. Palley

Richmond Journal of Global Law & Business

The place of labor standards in the global economy has figured prominently in recent discussions of trade and globalization. Labor standards figured prominently in the Seattle meeting of the World Trade Organization (WTO) in 1999, and they promise to figure prominently in discussions about a proposed Free Trade Area of Americas (FTAA). Labor standards represent a critical issue for both the American labor movement and the international trade union movement as they are central to making globalization work for working people.

Does Free Trade Cause Hunger? Hidden Implications Of The Ftaa, Jonathan B. Wight

Richmond Journal of Global Law & Business

This division of labour, from which so many advantages are derived, is not originally the effects of any human wisdom, which forsees and intends that general opulence to which it gives occasion. It is the necessary, though very slow and gradual consequence of a certain propensity in human nature which has in view no such extensive utility; the propensity to truck, barter, and exchange one thing for another.

Extending Weingarten To The Nonunion Setting: A History Of Oscillation, Sarah C. Flannery

Cleveland State Law Review

Passed in response to the nineteenth century hostility towards union activity, the NLRA traditionally was viewed as a pro-union statute. However, as much as the Act contains provisions clearly aimed at protecting union activity, the Act explicitly applies to non-union employees as well as union employees. Nevertheless, many nonunion employers and employees are unaware of the existence of the NLRA despite it being the only law governing the relationship between an employer and its employees as a group in most private sector establishments in this country. This Note analyzes the conflicting history surrounding this issue and asserts that the necessary …

The Railway Labor Act Of 1926 And Modern-Day Airline Labor Strife: Progress Toward Labor Peace Begins With Overruling Williams V. Jacksonville Terminal Co., Mark A. Schuler

Seattle University Law Review

This Comment argues that Williams v. Jacksonville Terminal Co. either should be overruled, or should be appropriately limited to the fact-specific setting under which it was decided. To develop this thesis, Part II of this Comment will discuss both the history of labor unrest which drove Congress to pass the RLA and the design features of the RLA legislation which facilitate an atmosphere of cooperative bargaining through which the RLA dispute resolution system operates. Part III will discuss the first impression Williams case, wherein the Supreme Court gave an overly restrictive interpretation to the RLA, and will also discuss the …

The Duty Of Fair Representation Under The Taylor Law: Supreme Court Development, New York State Adoption And A Call For Independence, Vincent Martin Bonventre

Fordham Urban Law Journal

The duty of fair representation in labor negotiations was born in Supreme Court case law to protect against racial discrimination and as a bastion of individuals’ interests during exclusive union representation in the collective bargaining process. The law later became as much a prescription for deference to unions as a protector from arbitrary union rule. As it currently stands, the law has become a minimal safeguard against wholly irrational and invidious union conduct far from the original guarantee of competent and committed union representation. Almost 25 years after the Supreme Court recognized a duty of fair representation in federal labor …

A Strike Against The Law?, Tony Weir

Maryland Law Review

No abstract provided.

Labor Law And Free Speech: The Curious Policy Of Limited Expression, Julius Getman

Maryland Law Review

No abstract provided.

New York Heart Bills: Presumptions Governing Police And Firefighters' Cardiac Disabilities, Andrea J. Berger

Fordham Urban Law Journal

In New York, two statutes govern heart disease suffered by police officers and firefighters - one covering New York City, and the other covering New York State. Both bills establish a line-of-duty presumption which provides that any impairment of health caused by diseases of the heart and the resulting disability or death are presumptive evidence that the impairment was job connected, unless proven otherwise. This Note analyzes the history and current status of New York's two heart bills, including the effect of judicial interpretations of the City Heart Bill, and assesses various alternatives available to the City.

The 1974 Health Care Amendments To The National Labor Relations Act: Jurisdictional Standards And Appropriate Bargaining Units, Robert H. Ringer

Fordham Urban Law Journal

The purpose of the National Labor Relations Act (NLRA) is to ensure the well-being of labor-management relations through the encouragement of collective bargaining, and the prohibition of certain practices by labor unions and employers. The NLRA applies to cases where labor disputes may tend to burden, obstruct or affect interstate commerce. In an effort to settle the controversy surrounding the National Labor Relations Board's (NLRB) jurisdiction over non-profit hospitals, Congress passed the Health Care Amendments to squarely put non-profit hospitals under NLRB's jurisdiction. This note examines two problems presented by the amendments: (1) the extent of NLRB's jurisdiction under the …

Special Project, Kenneth Harmon, Barbara Moss, W. Patrick Mulloy, Ii, Robert H. Brownlee, Walter T. Eccard, Michael D. Kelly, Timothy C. Maguire, Richard M. Pitt, Stephen K. Rush, Robert D. Tuke, Richard C. Stark Special Project Editor

Vanderbilt Law Review

The One Hundred and First Justice: An Analysis of the Opinions of Justice John Paul Stevens, Sitting as Judge on the Seventh Circuit Court of Appeals

This article will examine the opinions written by Mr. Justice Stevens while he served on the Court of Appeals for the Seventh Circuit. The areas examined are constitutional, antitrust, labor, securities, federal tax, administrative, and federal jurisdictional law. This article also will seek to reach some conclusions on Stevens' position in the several areas while he served on the Seventh Circuit and to suggest the factors he may consider important in deciding cases in …

Labor Law--Federal Pre-Emption--State Jurisdiction To Prosecute Labor Organizers For Criminal Trespass, John W. Galanis

Michigan Law Review

Defendants, non-employee union organizers, entered the parking lot of a retail department store without permission for the sole purpose of distributing union material to the store's employees. After continued refusal to comply with requests to leave, the defendants were arrested, tried, and convicted of criminal trespass. It was contended that the trial court lacked jurisdiction because the National Labor Relations Act had pre-empted state control of the labor activities involved. On appeal to the Illinois Supreme Court, held, affirmed. State jurisdiction was justified not only by the state's interest in domestic peace and the protection of employer's property rights, …

Scope Of The President's Power To Secure 80-Day Injunction Against Continuation Of Steel Strike Under Labor Management Relations Act, Section 208 - United Steelworkers Of America V. United States, Robert J. Carson, Howard S. Chasanow

Maryland Law Review

No abstract provided.

The Maryland Law Of Strikes, Boycotts, And Picketing, Leonard E. Cohen

Maryland Law Review

No abstract provided.

Conflict Of Laws In Labor Matters In The United States, Stuart Rothman

Vanderbilt Law Review

A sampling of the ways in which the subject of conflict of laws has been treated in the United States in labor matters will be undertaken. However, the term "labor matters" may be regarded as embracing a multitude of topics, and this presentation by no means purports to be encyclopedic. Indeed, questions concerning conflicts between laws of the federal and state governments have been purposely excluded, though admittedly they loom large in domestic law and jurisprudence. On the other hand, the subjects considered are deemed illustrative of the domestic approach to the problems involved.

Technological Change: Management Prerogative Vs. Job Security

Indiana Law Journal

No abstract provided.

Labor Law--Ambulatory Employer--Picketing, R. L. D.

West Virginia Law Review

No abstract provided.

Constitutionality Of Non-Communist Affidavit Provision Of The Taft-Hartley Act - A Partial Stalemate - American Communications Association, Et Al. V. Douds

Maryland Law Review

No abstract provided.

Trends In The Administration Of The Taft-Hartley Act, Walter L. Brown

West Virginia Law Review

No abstract provided.

Computation Of "Overtime" Pay Under The Bay Ridge Case, C. H. H. Jr.

West Virginia Law Review

No abstract provided.

The Taft-Hartley Act And The Balance Of Power In Labor Relations, Guy Farmer

West Virginia Law Review

No abstract provided.

The Validity Of Anti-Closed Shop Legislation

Washington and Lee Law Review

No abstract provided.

Some Union Unfair Labor Practices Under The Taft-Hartley Act

Washington and Lee Law Review

No abstract provided.

Power Of A Municipal Corporation To Enter Into A Check-Off Agreement With A Labor Union - Mugford V. Mayor And City Council Of Baltiinore

Maryland Law Review

No abstract provided.

The Taft-Hartley Law, Willett H. Parr Jr.

Indiana Law Journal

Address delivered at Evansville at the Annual Meeting of the Indiana State Bar Association, September 5, 1947.

The Fair Labor Standards Act, Leon H. Wallace

Indiana Law Journal

No abstract provided.