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Articles 1 - 6 of 6
Full-Text Articles in Law
Striker Replacements: A Law, Economics, And Negotiations Approach, Rafael Gely, Leonard Bierman
Striker Replacements: A Law, Economics, And Negotiations Approach, Rafael Gely, Leonard Bierman
Faculty Publications
In this article, we directly attack Professors Wachter and Cohen's assertion regarding the economic efficiency of the Mackay doctrine. Applying internal and external labor market analysis, we argue that the Mackay doctrine is economically inefficient because it allows employers to behave “opportunistically” with respect to employees that have made “firm-specific” investments in their employing firms. To remedy this problem we propose a new “negotiations approach,” the components of which are: (1) the statutory overruling of Mackay, and (2) the concomitant amendment of the NLRA to make the striker replacement issue a “mandatory” subject of collective bargaining.
The North American Agreement On Labor Cooperation: A New Frontier In North American Labor Relations, Rafael Gely, Leonard Bierman
The North American Agreement On Labor Cooperation: A New Frontier In North American Labor Relations, Rafael Gely, Leonard Bierman
Faculty Publications
During the debate leading to the passage of the North American Free Trade Agreement (“NAFTA”), a great deal of concern focused on the effect that a trade agreement such as the NAFTA might have on workers' rights. As a condition for the ratification of the NAFTA, Congress provided that the treaty would not “enter into force until the three countries enact their own national agreement on labor cooperation.” In response to this concern, the three signatory countries negotiated the North American Agreement on Labor Cooperation (“NAALC” or “Labor Agreement”). The NAALC establishes a formal and elaborate procedure to settle complaints …
Same-Sex Sexual Harassment: Subverting The Heterosexist Paradigm Of The Title Vii, Carolyn Grose
Same-Sex Sexual Harassment: Subverting The Heterosexist Paradigm Of The Title Vii, Carolyn Grose
Faculty Scholarship
This article argues that the proper starting point is to provide protection for gay men and lesbians against discrimination and harassment. Until there is such protection, any attempt to use Title VII to regulate same-sex sexual harassment will intensify the privileging of one kind of same-sex interaction over another: straight subordinates will be protected from gay supervisors, while gay subordinates will not be protected from straight supervisors. The result will be increased tolerance not for expressions of gay and lesbian sexuality, but for expressions of heterosexism and homophobia in the workplace. Part I of this article examines the development of …
Changing The Approach To Ending Child Labor: An International Solution To An International Problem, Timothy A. Glut
Changing The Approach To Ending Child Labor: An International Solution To An International Problem, Timothy A. Glut
Vanderbilt Journal of Transnational Law
A recent study by the United States Department of Labor has revealed that oppressive child labor is a serious problem in many countries. This Note begins by examining the international scope of the child labor problem, including the underlying reasons for its continued existence. The Note then discusses measures, both unilateral and multilateral, for curtailing child labor. The author determines that these measures are insufficient to end the child labor problem and discusses potential solutions to the problem. The author concludes that the most effective measure to end child labor would be a multilateral agreement with clear standards and an …
Semantic Cover For Age Discrimination: Twilight Of The Adea, Judith J. Johnson
Semantic Cover For Age Discrimination: Twilight Of The Adea, Judith J. Johnson
Journal Articles
In 1967, Congress recognized that the number of displaced older people in the workforce was growing, due in large part to the problems older people were encountering in finding new jobs once displaced from a job of many years. In these times of corporate downsizing, older workers are particularly vulnerable to bearing the brunt of workforce reductions due to the fact that they are often "paid a little more because they have been with the company a little longer." As a result, since 1967 older workers have been protected from discrimination based on their age by the Age Discrimination in …
Confusion In The Courts: What To Do With Hiv-Positive And Aids-Infected Public Employees , Erika J. Crandall
Confusion In The Courts: What To Do With Hiv-Positive And Aids-Infected Public Employees , Erika J. Crandall
Journal of Law and Health
This paper is divided into five sections. Part one deals with background information on AIDS. Part two discusses current federal legislation. Part three examines how AIDS falls under federal legislation and case law, including the resulting impact of hiring AIDS-infected individuals. Part four evaluates possible violations of the Fourth Amendment resulting from the federal legislation and from an employer's mandatory testing of employees for the HIV virus. The last section discusses the government's liability when a public employee transmits AIDS to another individual during the course of employment.