Law Commons^™

Nlra Preemption Of State Law Actions For Wrongful Discharge In Violation Of Public Policy, Thomas Bean

University of Michigan Journal of Law Reform

This Note considers the circumstances under which the NLRA should preempt state law tort suits for discharge in contravention of public policy by employees covered by a collective bargaining agreement, and by at-will employees. Part I discusses the rationale behind the preemption doctrine and outlines the tests the Supreme Court has adopted for determining when the NLRA preempts state laws. Part II argues that the specific rationale behind the Court's preemption tests are inapplicable to the typical public policy wrongful discharge action. Part III identifies the ways in which public policy wrongful discharge actions might infringe on the NLRA. It …

Oklahoma's At-Will Rule: Heeding The Warnings Of America's Evolving Employment Law?, Harry F. Tepker

Faculty Articles

No abstract provided.

New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember

Touro Law Review

No abstract provided.

An Observation About Comparable Worth, George Schatzki

Seattle University Law Review

The ultimate legal question is: Does Title VII incorporate the comparable worth doctrine? The courts are saying, "No." Their reasoning is, at best, unpersuasive. Indeed, often their reasoning is nothing more than mere conclusion. Given what I have described briefly as the legal arguments pro and con, one can easily understand that so long as Griggs remains a part of the Title VII scene, there is a rational but not compelling argument to incorporate comparable worth into the Act. How, then, does a court decide? The following discussion is offered not as an example of desirable or undesirable judicial analysis. …

The Status Of The At-Will Employment Doctrine In Virginia After Bowman V. State Bank Of Keysville, Gary S. Marshall, Maris M. Wicker

University of Richmond Law Review

The development of the employment-at-will doctrine has tracked the changing character of the work force from the days of simple master-servant domestic relations to the commercial realities of twentieth-century industrial capitalism. The rule grew out of the humane principle that it would be unjust to employ a laborer during the planting and harvesting months, only to discharge that laborer during the harsh winter. Hence, the realities of the agrarian economy of the British Isles and the closeness of the master and domestic servant relationship shaped the yearly hiring rule. This rule developed into a presumption that a hiring for an …

Aids And Employment Discrimination Under The Federal Rehabilitation Act Of 1973 And Virginia's Rights Of Persons With Disabilities Act, Leisa Y. Kube

University of Richmond Law Review

Acquired Immune Deficiency Syndrome (AIDS) is a fatal illness that attacks the immune system, rendering it incapable of defending the body from a variety of rare infections. In the United States, the syndrome was first observed in 1979 in isolated cases in major metropolitan areas. At that time, it affected a limited group of people, mainly homosexual men and drug abusers. Faced with a deadly illness whose cause and mode of transmission were unknown, the public understandably reacted with fear. Many AIDS victims were shunned from schools, workplaces, housing, courts, and medical facilities.

The Prospects For Labor Law Reform In Poland, Maria Matey

Northwestern Journal of International Law & Business

A complex combination of socioeconomic factors have produced a situation in Poland in the mid-1980s which is in urgent need of reform. This need for change extends to the complicated and controversial subject of labor law. It is the purpose of this Perspective to set forth the current status of labor law in Poland and to analyze the prospects for possible reform. There are currently three approaches to labor law reform in Poland. The first is held by the government, the second by labor law scientists, and the third by the trade unions created after 1982. These approaches include wide-ranging …

Recent Developments In Virginia Workers' Compensation And Other Employment Laws, Janice R. Moore

University of Richmond Law Review

This survey covers Virginia court decisions affecting the employment relation directly or indirectly, including the Virginia Supreme Court, the Virginia Court of Appeals, and published decisions of various circuit courts. Because this subject area has not been included in earlier surveys of Virginia law, this survey covers the years 1985 and 1986. During this time, Virginia courts have interpreted the rights and duties of employers and employees under the workers' compensation and unemployment compensation statutes; they have examined the remedies available under Virginia law for allegedly tortious conduct in the context of a labor dispute; they have reexamined the employment-at-will …

Evaluation Of Subjective Selection Systems In Title Vii Employment Discrimination Cases: A Misuse Of Disparate Impact Analysis, Stacey B. Babson

Cardozo Law Review

No abstract provided.

For A Few Dollars More: Client’S Right To Discharge His Attorney Under A Contingent Fee Contract, Irving Cohen

Cardozo Law Review

No abstract provided.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Act of State Doctrine and Foreign Sovereign Immunities Act Do Not Necessarily insulate a Foreign Government from Civil Liability for the Assassination of a Person on United States Soil - Liu v. Republic of China, slip op. No. 85-7461 (N.D. Cal. Aug. 11, 1986)

Political Offense Exception does not Apply to Bar Extradition if Offenses are Committed Where no Uprising Exists--Quinn v. Robinson, 783 F.2d 776 (9th Cir. 1986).

United States Courts have no Authority to Enforce Foreign Judgments when the Request for Judicial Assistance is made via Letters Rogatory Filed Directly in the Court, In Re Civil Rogatory Letters …

Recent Labor Law Decisions Of The Supreme Court, Terry A. Bethel

Articles by Maurer Faculty

This Article highlights the more notable labor and employment law decisions by the Supreme Court since the beginning of 1984.' Although the Court worked no major changes,2 it has been "tinkering and tailoring,"3 deferring to administrative interpretation or refining its own analysis from previous opinions. Even so, the Court has acted in important areas, and its decisions raise significant questions.

The Bfoq Defense In Adea Suits: The Scope Of "Duties Of The Job", Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

The Political Consequences Of Labor Law Regimes: The Contractualist And Corporatist Models Compared, Tamara Lothian

Cardozo Law Review

No abstract provided.

Labor Law Preemption: Procedure And Substance: An Analysis Of International Longshoremen's Association V. Davis, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Int'l Longshoremen's Ass'n v. Davis, 476 U.S. 380 (1986). The author expected the Court to address 2 issues: (1) at what point in a case must the issue of federal preemption be raised?; and (2) to what extent is state law preempted by federal labor law?

Remedying Underinclusive Statutes, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: A California employer who does not want to comply with California's mandatory unpaid pregnancy leave statute has reached the United States Supreme Court. The employer seeks to have the statute invalidated, claiming it is preempted by the Pregnancy Discrimination Act of Title VII of the Civil Rights Act of 1964. The employer is arguing that the California pregnancy leave act is fatally underinclusive because it does not provide similar employment protection for workers with short-term disabilities. The district court agreed with the employer; the court of appeals did not.

The Possible Final Word On Employment Discrimination Relief, Neal Devins

Faculty Publications

No abstract provided.

The Preemptive Effect Of Osha's Hazard Communication Standard Outside The Manufacturing Sector, Toby A. Threet

BYU Law Review

No abstract provided.

Providing Illegal Alien Employees A Remedy For Discriminatory Discharge: Sure-Tan, Inc. V. Nlrb, John L. Saccoman

BYU Law Review

No abstract provided.

Wygant V. Jackson Board Of Education, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Meritor Savings Bank, Fsb V. Vinson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Local 28 Of The Sheetmetal Workers' International Association V. Equal Employment Opportunity Commission (Eeoc), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Pension Plan Terminations And Asset Reversions: Accommodating The Interests Of Employers And Employees, Carl A. Butler

University of Michigan Journal of Law Reform

This Note focuses on the problems that often arise for plan participants when an overfunded defined benefit plan is terminated and the employer recaptures excess assets. Part I explains the relative ease with which employers can terminate plans and receive excess assets under current pension law. Part II argues that pension law must be reformed because its shortcomings threaten American workers' retirement income security, it allows for sham terminations that remove assets from plans that are, in fact, ongoing, and it usually allows excess assets to go to employers rather than employees. Part III discusses two reforms proposed for plan …

Some Comments On Obscenities, Health And Safety, And Workplace Values, Robert J. Rabin

Buffalo Law Review

No abstract provided.

Arbitral Value Judgments In Health And Safety Disputes: Management Rights Over Workers' Rights, James A. Gross, Patricia A. Greenfield

Buffalo Law Review

No abstract provided.

The Supreme Court Takes One Step Forward And The Nlrb Takes One Step Backward: Redefining Constructive Concerted Activities, Christina A. Karcher

Vanderbilt Law Review

The National Labor Relations Act (NLRA or the Act) governs the relationship between employers and employees in the United States. Specifically, section 7 of the Act 3 defines the basic rights of employees and section 8(a)4 defines employer unfair labor practices. Section 8(a)(1) generally proscribes employers from interfering with employees in the exercise of section 7 rights.' Thus,many unfair labor practice cases turn on whether section 7 of the Act protects the employee activity. Section 7 protects "concerted activities" engaged in "for the purpose of collective bargaining or other mutual aid or protection."' Courts frequently struggle to determine whether given …

Teaching Human Rights Law, Howard R. Berman

Journal of Legal Education

No abstract provided.

The Implicit Assumptions Of Labor Law Scholarship, James B. Atleson

Journal of Legal Education

No abstract provided.

Transfer Of Nlrb Jurisdiction Over Unfair Labor Practices To Labor Courts, Guy Farmer

West Virginia Law Review

No abstract provided.

Fifty Years Of The Nlra: An Overview, Arnold Ordman

West Virginia Law Review

No abstract provided.