Law Commons^™

Preventative Legislation Ensures Intended Parents Of Gestational Surrogacy Benefits Under The California Family Rights Act, Jennifer Jackson

Jennifer Jackson

We live in a rapidly evolving technological age, which now allows parents to enter surrogacy contracts. In such a world, the law often lags in catching up to technology and the ramifications that may ensue. This paper focuses on the California Family Rights Act (CFRA) and the consequences it has on surrogacy agreements and the rights intended parents. While the CFRA includes broad language as to the definition of a “child,” case law shows that surrogate born children may be unintentionally excluded. As a result, this paper analyzes the arguments both for and against revision to the CFRA and concludes …

Models Of Worker Participation: The Uncertain Significance Of Section 8(A)(2), Thomas C. Kohler

Thomas C. Kohler

No abstract provided.

The Unjustified Absence Of Federal Fraud Protection In The Labor Market, Kent Greenfield

Kent Greenfield

Federal law offers significant protection against fraud in the capital market, based on the compelling rationale that accurate information is important in allowing the securities markets to allocate financial capital to real capital. Notwithstanding some recent statutory adjustments, federal securities law remains committed to a central idea: it is wrong for a company or a corporate official knowingly to make a misrepresentation in order to take value from another in a securities transaction. This article argues that rationales analogous to those justifying fraud protection in the capital market also hold true in the labor market. Fraud may in fact be …

Workplace Consequences Of Electronic Exhibitionism And Voyeurism, William A. Herbert

William A. Herbert

The popularity of email, blogging and social networking raises important issues for employers, employees and labor unions. This article will explore contemporary workplace issues resulting from the related social phenomena of electronic exhibitionism and voyeurism. It will begin with a discussion of the international social phenomenon of individuals electronically distributing their personal thoughts, opinions, and activities to a potential worldwide audience while at the same time retaining a subjective sense of privacy. The temptation toward such exhibitionism has been substantially enhanced by the advent of Web 2.0. The article then turns to the legal implications of electronic voyeurism including employer …

Restatement - Technique And Tradition In The United States, Thomas Kohler

Thomas C. Kohler

This paper considers the meaning and development in a historical perspective of what Americans mean by labour law. The author highlights the fact that employment law in the United States consists of a patchwork of state regulation with a variegated federal overlay. He also discusses the development of the restatement tradition in the United States and examines the course and the current status of the Restatement of Employment Law project promoted by the American Law Institute (ALI), taking account of the fact that the character of employment has changed radically in the past two decades, and has yet to reach …

Decentralizing Industrial Relations: The American Situation And Its Significance In Comparative Perspective, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Body And Soul, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Labor Law: 'Making Life More Human' - Work And The Social Question, Thomas Kohler

Thomas C. Kohler

No abstract provided.

The Notion Of Solidarity And The Secret History Of American Labor Law, Thomas Kohler

Thomas C. Kohler

"Solidarity," a term not overly familiar to Americans, sometimes seems to have as many meanings as it has users. The concept became incorporated into American thought during the 19th and 20th century waves of Catholic and Jewish immigration. It provides a European vision of communitarian social order that competes with the "unencumbered self" - America's unique brand of individualism. Among philosophers, politicians, religious thinkers, and social activists, solidarity theory sought to redefine the then-prevailing views of social bonds. Nowhere is this more apparent than in the American labor movement, which espouses as its core values the principles of unity and …

Lost Foundations: The Religious Voice And Employee Participation In The United States And Germany, Thomas Kohler

Thomas C. Kohler

No abstract provided.

The Story Of Nlrb V. Mackay Radio & Telegraph Co.: The High Cost Of Solidarity, Thomas Kohler, Julius Getman

Thomas C. Kohler

In 1938, in NLRB v. Mackay Radio & Telegraph Co., the Supreme Court offered one of its earliest interpretations of the National Labor Relations Act. Although the Court's holding provided that employers may not discriminate against employees for their union activity when the strike is over and workers are reinstated, dicta in the opinion also provided that under the NLRA employers enjoy an unrestricted right to replace strikers. In the 70 years since the Court's announcement, scholars remain baffled by the contradictions presented by the "Mackay doctrine" - a rule that forbids employers from discharging legally protected strikers while, at …

National Labor Relations Act, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Comments On Weiss' 'Trade Unions, Worker's Participation, And Collective Bargaining In Germany And In The Eu', Thomas Kohler

Thomas C. Kohler

No abstract provided.

Employee Representation, The Notion Of Solidarity And The Secret History Of American Labor Law, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Comparative Labor Law: Some Reflections On The Way Ahead, Thomas C. Kohler

Thomas C. Kohler

No abstract provided.

Major-League-Baseball-Streik 1994-1995, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Kündigungsschutz In Deutschland Und Den Usa, Thomas Kohler, Michael Kittner

Thomas C. Kohler

No abstract provided.

Autonomy And Personhood: The Implications For Labor And Employment Law, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Betriebliche Interessenvertretung In Den Vereinigten Staaten: Ein Überblick, Thomas Kohler

Thomas C. Kohler

No abstract provided.

The Disintegration Of Labor Law: Some Notes For A Comparative Study Of Legal Transformation, Thomas Kohler

Thomas C. Kohler

While acknowledging the difficulties inherent in a comparative approach to labor and employment ordering issues, the author argues that our times and circumstances force us to consider such a perspective. This essay looks at the some of the background and characteristics of the labor law regimes of the United States and Germany to reflect on where we have been and where we might be going, and concludes that we stand at the edge of a new world, one that may well entail a new culture of work and new ways of being for all its inhabitants.

Labor Law And Labor Relations: Comparative And Historical Perspectives, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Bonding And Flexibility: Employment Ordering In A Relationless Age, Thomas C. Kohler, Matthew Finkin

Thomas C. Kohler

No abstract provided.

Review Of Labour Law And Industrial Relations In Germany, By Manfred Weiss, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Labour Law And Labour Relations: Comparative And Historical Perspectives, Thomas Kohler

Thomas C. Kohler

No abstract provided.

The Overlooked Middle, Thomas Kohler

Thomas C. Kohler

In this Article, the author argues that significant elements concerning the discussion of labor law reform have been overlooked and that the steady decline of unions is not in fact an isolated occurrence. It is instead part of a much broader and deeply troubling trend, which has affected every mediating group in our society. However, our blinkered insistence on treating the deterioration of autonomous employee associations as a solitary phenomenon has precluded us from comprehending either the complexity of its causes or the full extent of its implications.

The author posits, therefore, that there is a pronounced tendency to overlook …

Individualism And Communitarianism At Work, Thomas C. Kohler

Thomas C. Kohler

No abstract provided.

Setting The Conditions For Self-Rule: Unions, Associations, Our First Amendment Discourse And The Problem Of Debartolo, Thomas C. Kohler

Thomas C. Kohler

No abstract provided.

In Praise Of Unions: Collective Bargaining Does Promote The Common Good, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Commentary On "The Regulation Of Union Economic Power," By Walter E. Oberer, Thomas Kohler

Thomas C. Kohler

No abstract provided.

The Common Law, Labor Law, And Reality: A Response To Professor Epstein, Thomas Kohler, Julius Getman

Thomas C. Kohler

No abstract provided.