Law Commons^™

A Bang And A Whimper: Changing Labour Law In Ontario, Eric M. Tucker, Judy Fudge, Harry J. Glasbeek

Articles & Book Chapters

No abstract provided.

Coase, Rents, And Opportunity Costs, Stewart J. Schwab

Cornell Law Faculty Publications

Professor Posin is to be congratulated on his recent article in this Review, "The Coase Theorem: If Pigs Could Fly," for creating a precise example that purports to disprove the Coase Theorem. Legal scholarship should strive more towards verifiable or falsifiable statements about the law. Of course, falsifiable statements are a risky strategy, and in this case the risk has materialized. Posin's claim—that his example shows a flaw in the Coase Theorem—is false.

Posin's claim is an especially bold one, for his example deals with a shifting legal entitlement between two producers. Most successful attacks on the Coase Theorem have …

Notes: Termination Of Employment Contracts And Taking Advantage Of One's Wrong, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

The recent decision by Mr John Mowbray QC in Micklefield v SAC Technology Ltd brings into focus the thorny problems inherent within, first, the continuing uncertainty surrounding termination of employment contracts and, secondly, the much more general issue as to the status as well as application of the proposition that a contracting party ought not to be allowed to take advantage of his own wrong. There was a third issue taken in the case with regard to the applicability of the Unfair Contract Terms Act 1977 which will be briefly commented upon.

The Second Circuit's Employment Discrimination Cases: An Uncertain Welcome (St. John's Law Review, Vol. 65, Issue 3 (Summer 1991), Pp. 839-874), Lewis M. Steel '63, Miriam F. Clark

Articles and Writings

No abstract provided.

Pregnancy And Parental Care Policies In The United States And The European Community: What Do They Tell Us About Underlying Societal Values, Anne M. Lofaso

Law Faculty Scholarship

Reaction to Felice Schwartz article, "Management Women and the New Facts of Life,"1 has added a new question to the already heated debate surrounding issues of gender discrimination: to what extent are

current pregnancy and parental care policies instruments of discrimination? This paper will explore this question by focusing on the extent to which pregnancy and parental care laws and policies in the United States and the European Community help to subordinate those women who take advantage of maternity "benefits" as well as the class of women in general.

An examination of pregnancy and parental care leave is a legitimate …

Re Memorial University Of Newfoundland And Memorial University Of Newfoundland Faculty Assn, Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties in that the Employer is in violation of Article 16 and other relevant articles in not paying Academic Staff Members at their Y-value (salary scale placement) as revised by the Salary Parity Committee. The Union requests compensation for all members of the Union who have not been paid in accordance with the Collective Agreement. At the outset of the hearings in this matter counsel for the parties agreed that this arbitration board is properly constituted and properly seized of this matter, and should remain seized after the issue of …

Judicial And Adminstrative Enforcement Of Individual Rights Under The National Labor Relations Act And Under The Labor-Management Relations Act Between 1935 And 1990 - An Historical And Empirical Analysis Of Unsettled Intercircuit And Intracircuit Conflicts, Willy E. Rice

Faculty Articles

This Article is concerned with exploring the extent to which both the National Labor Relations Act of 1935 and the Labor-Management Relations Act of 1947 have protected individual employees' rights in administrative and judicial proceedings.

Re Canada Post Corp And Cupw (Burke), Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties in respect of the Postal Operations Group (Non-supervisory): Internal Mail Processing and Complementary Postal Services, which expired July 31, 1989 and remains in force pursuant to the Canada Labour Code, and in particular of Article 10, in that the Employer discharged the grievor without just, reasonable or sufficient cause. The Union requests that the grievor be reinstated and reimbursed for any lost rights, benefits or earnings, and that all reports, letters and documents relating to this matter be removed from his personal file.

The Changing Nature Of Employment Discrimination Litigation, Peter Siegelman, John J. Donohue Iii

Faculty Articles and Papers

Two major pieces of employment discrimination legislation were passed in the early 1990s: the 1991 Civil Rights Act and Americans with Disabilities Act. Using some simple regression models, we examine the effects of this legislation on the volume, content and outcomes of employment discrimination cases filed in federal courts. We find, first, that the volume of discrimination cases nearly doubled between 1992 and 1997, in contrast to a 10 percent decline during the previous 8 years, and despite a sharply falling unemployment rate that–in the past–would have substantially reduced the amount of litigation. We also observe a significant shift in …

Proposal For A Substance Abuse Testing Act, Task Force On The Drug-Free Workplace

IBRL Events

This is the Report of the Task Force on the Drug-Free Workplace, sponsored by the Institute of Bill of Rights Law of the College of William and Mary, Marshall-Wythe School of Law. The Report contains an introduction describing the mission of the Task Force and the guiding philosophical principles it embraced, an Executive Summary providing a summary overview of the proposed model statute, the formal text of the proposed model Substance Abuse Testing Act, including commentary illuminating the intent and rationales underlying each provision of the Act, biographical information on all members of the Task Force, and a brief individual …

Title Vii Compensation Issues Affecting Bilingual Hispanic Employees, David Allen Larson

Faculty Scholarship

This article deals the workers who are bilingual and their accompanying compensation on the job. The article covers compensation, classification, Bilingual Hispanic employees required to speak both Spanish and English on the job may, in certain circumstances, be entitled to greater compensation under Title VII of the Civil Rights Act of 1964 than employees who do the same job exclusively in English. It is unlikely, however, that a court will conclude that bilingual Hispanic employees required to speak both Spanish and English are for that reason alone entitled to increased compensation. Yet bilingual Hispanic employees required to use both languages …

Annual Report To The Legislature 1990-1991, Agricultural Labor Relations Board

California Agencies

No abstract provided.

Title Vii As Censorship: Hostile Environment Harassment And The First Amendment, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

National Labor Relations Board Control Of Union Discipline And The Myth Of Nonintervention, Roger C. Hartley

Scholarly Articles

This article explains how the NLRB, contrary to its protestations of noninterference with internal union affairs, has perfected its grip on union self-governance through control of the union disciplinary processes. The disparity between the Board's policies and its actions discredits the Board's proclaimed abstention.

Second, this article examines whether the NLRB overreaches its regulatory authority through its intervention in the officer selection and discipline processes. NLRB regulation of union discipline rests primarily on section 8(b)(1)(A) of the Labor Management Relations (Taft-Hartley) Act.8 The Board's early decisions under this section, as well as judicial precedent, defined a narrower role for NLRB …

Flimsy Precedent And Narrow Vision: A Call For Congressional Amendment Of Title Vii And The Ada In Response To Boureslan, Monique C. Lillard

Articles

No abstract provided.

Employer Sanctions And Discrimination: The Case For Repeal Of The Employer Sanctions Provisions Of The Immigration Reform And Control Act Of 1986, Aaron Schwabach

Faculty Scholarship

No abstract provided.

Labor And Employment Discrimination Cases In The Supreme Court 1989 Term, Julia C. Lamber, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.

Recent Supreme Court Employment Law Decisions, 1990-91, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.

Time For A New Approach: Why The Judiciary Should Disregard The "Law Of The Circuit" When Confronting Nonacquiescence By The National Labor Relations Board, Rebecca H. White

Scholarly Works

The National Labor Relations Board has been criticized for its nonacquiescence policy, under which the Board interprets the national Labor Relations Act, issues an order, and then defends this order before a circuit court that previously had rejected the Board's interpretation of the Act. In this Article, Professor Rebecca White begins by stating that the NLRB's nonacquiescence policy is both lawful and proper. From this basic premise, White then argues that courts of appeals should abandon the "law of the circuit" doctrine when confronting Board nonacquiescence. She contends the policy concerns that justify application of the "law of the circuit"-- …

Model Uniform Employment Termination Act, National Conference Of Commissioners On Uniform State Laws

Other Publications

The Scope and Program Committee, at its meeting on January 11-12, 1985, recommended to the Executive Committee that it appoint a Committee to draft a Uniform Wrongful Termination Act. The recommendation was based in part on studies indicating that recent judicial modifications in the doctrine of employment at will had created great uncertainty for both employers and employees. (That uncertainty has grown. See infra.) Members of the Scope and Program Committee stressed that uniformity would be desirable because employees might be hired in one state, work in another, and be fired in a third, and that the subject gave the …

Drafting The Dispute Resolution Clause, Whitmore Gray

Book Chapters

Providing in a contract for ways to resolve disputes that may arise presents a substantial challenge to the lawyer. In one sense, this is what a lawyer regularly does in contract drafting-anticipating misunderstandings or problems that experience has indicated are likely to arise, and trying to provide clear solutions in advance. When it comes to drafting a specific clause for the resolution of further disputes that may arise, however, many lawyers are at a substantial disadvantage. The task comes at the end of the substantive negotiations. The client does not want to focus on, or draw the other party's attention …

Industry And Humanity Revisited: Everything Old Is New Again: Review Of Paul C. Weiler, Governing The Workplace, Eric Tucker

Articles & Book Chapters

The decline of American unionism is now a well-documented phenomenon. Its causes and consequences, however, remain the subject of intense debate. Regardless of one’s view of this development, it clearly poses a challenge to the traditional techniques for the legal regulation of the employment relationship, and especially for state-sponsored collective bargaining which has been the centerpiece of American labour policy since the enactment of the Wagner Act in 1935. It is this crisis in American labour and employment law which Paul C. Weiler seeks to address in his new book, “Governing the Workplace: The Future of Labor and Employment Law”. …

Parental Leaves And Poor Women: Paying The Price For Time Off, Maria O'Brien

Faculty Scholarship

This Article presents a critique of unpaid "parental" leaves and the parental leave legislation recently passed by Congress.1 Eight states have already enacted parental leave statutes of various kinds.' For the sake of simplicity and uniformity, however, this Article focuses on the proposed federal legislation3 and its anticipated effects on unemployed and underemployed women.4 Specifically, this Article argues that the debate about parental leave 5 has ignored the possibility that the cost of this mandated benefit is likely to be borne by poor, low-skill working women6 who will find that their job opportunities narrow as employers try to shift some …

Workplace Discrimination: Truthfulness And The Moral Imagination, Emily Calhoun

Publications

No abstract provided.

Does Title Vii Apply In Saudi Arabia? An Analysis Of Eeoc V. Arabian American Oil Co., Barbara J, Fick

Journal Articles

This article previews the Supreme Court case EEOC v. Arabian American Oil Co., 499 U.S. 244 (1991). The author expected the Court to decied whether Congress intended the mandates of Title VII of the Civil Rights Act of 1964 prohibiting employment discrimination to extend extraterritorially.

Breaching The Union Constitution: Can A Member Make A Federal Case Of It? An Analysis Of Wooddell V. Ibew Local Union No. 71, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Wooddell v. IBEW Local Union No. 71, 502 U.S. 93 (1991). The author expected the Court to address whether Section 301 of the Labor Relations Management Act creates a federal cause of action under which a union member can sue his union for breach of the union's constitution.

Inherently Discriminatory Conduct Revisited: Do We Know It When We See It?, Barbara J. Fick

Journal Articles

"This article traces the development of the inherently discriminatory doctrine, proposes some guidelines for determining when employer conduct falls under the rubric of the inherently discriminatory doctrine, and analyzes two cases dealing with employer use of temporary replacements during offensive lockouts in light of the proposed guidelines."

The Government And Union Democracy, Theodore J. St. Antoine

Articles

The desirability of union democracy is generally regarded today as a self-evident proposition. In this Symposium Clyde Summers treats it as a "fundamental premise." But there have always been reputable scholars who would support the thesis, in greater or lesser degree, that "democracy is as inappropriate within the international headquarters of the UAW as it is in the front office of General Motors."

The Impact Of Nonmarket Work On Market Wages, Joni Hersch

Vanderbilt Law School Faculty Publications

The purpose of this paper is to examine the direct effect on market productivity of the dual responsibilities of market and nonmarket work.

Male-Female Differences In Hourly Wages: The Role Of Human Capital, Working Conditions, And Housework, Joni Hersch

Vanderbilt Law School Faculty Publications

This study uses a new data set from a 1986 survey of workers to examine simultaneously the wage effects of human capital, household responsibilities, working conditions, and on-the-job training. The analysis suggests that household responsibilities had a negative effect on women's earnings, but the unexplained difference between the earnings of men and women is not greatly reduced by inclusion in the explanatory model of information on either housework or working conditions. The presence of children appears to have had a positive effect on the wages of both men and women.