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Articles 1 - 13 of 13
Full-Text Articles in Law
Structural Labor Rights, Hiba Hafiz
Structural Labor Rights, Hiba Hafiz
Michigan Law Review
American labor law was designed to ensure equal bargaining power between workers and employers. But workers’ collective power against increasingly dominant employers has disintegrated. With union density at an abysmal 6.2 percent in the private sector—a level unequaled since the Great Depression— the vast majority of workers depend only on individual negotiations with employers to lift stagnant wages and ensure upward economic mobility. But decentralized, individual bargaining is not enough. Economists and legal scholars increasingly agree that, absent regulation to protect workers’ collective rights, labor markets naturally strengthen employers’ bargaining power over workers. Existing labor and antitrust law have failed …
Founding Worker Cooperatives: Social Movement Theory And The Law, Ariana R. Levinson
Founding Worker Cooperatives: Social Movement Theory And The Law, Ariana R. Levinson
Ariana R. Levinson
No abstract provided.
Peril And Possibility: Strikes, Rights, And Legal Change In The Era Of Trump, Kate Andrias
Peril And Possibility: Strikes, Rights, And Legal Change In The Era Of Trump, Kate Andrias
Other Publications
Everyone in this audience is well aware of the problems plaguing reiterating. The wealthiest one percent of Americans takes home nearly a quarter of our national income and owns forty percent of the nation's wealth.
The New Labor Law, Kate Andrias
The New Labor Law, Kate Andrias
Articles
Labor law is failing. Disfigured by courts, attacked by employers, and rendered inapt by a global and fissured economy, many of labor law’s most ardent proponents have abandoned it altogether. And for good reason: the law that governs collective organization and bargaining among workers has little to offer those it purports to protect. Several scholars have suggested ways to breathe new life into the old regime, yet their proposals do not solve the basic problem. Labor law developed for the New Deal does not provide solutions to today’s inequities. But all hope is not lost. From the remnants of the …
Founding Worker Cooperatives: Social Movement Theory And The Law, Ariana R. Levinson
Founding Worker Cooperatives: Social Movement Theory And The Law, Ariana R. Levinson
Nevada Law Journal
No abstract provided.
Workplace Democracy For The Twenty-First Century? Rethinking A Norm Of Worker Voice In The Wake Of The Corporate Diversity Juggernaut, Cynthia Estlund
Workplace Democracy For The Twenty-First Century? Rethinking A Norm Of Worker Voice In The Wake Of The Corporate Diversity Juggernaut, Cynthia Estlund
Nevada Law Journal
No abstract provided.
Anef Con Sii: ¿Libertad Sindical, Debido Proceso O Libertades Públicas?, Fernando Muñoz
Anef Con Sii: ¿Libertad Sindical, Debido Proceso O Libertades Públicas?, Fernando Muñoz
Fernando Muñoz
On September 16, 2011, the Court of Appeals of Santiago decided "Agrupación Nacional de Empleados Fiscales y otro con Servicio de Impuestos Internos", annulling salary deductions affecting public servants that went on strike on the basis of due process. This solution, however, is unstable as it depends on the mistaken deductions made by the administration. Much less promising for public sector workers is to invoke their labor law rights, which the very Constitution constrains. In this paper I argue that a better balance would be achieved by putting at the center of judicial intervention the civil and political rights of …
What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney
What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney
Articles
No abstract provided.
Charter Schools And Collective Bargaining: Compatible Marriage Or Illegitimate Relationship, Martin H. Malin, Charles Taylor Kerchner
Charter Schools And Collective Bargaining: Compatible Marriage Or Illegitimate Relationship, Martin H. Malin, Charles Taylor Kerchner
ExpressO
The rapid increase in charter schools has been fueled by the view that traditional public schools have failed because of their monopoly on public education. Charter schools, freed from the bureaucratic regulation that dominates traditional public schools, are viewed as agents of change that will shock traditional public schools out of their complacency. Among the features of the failed status quo are teacher tenure, uniform salary grids and strict work rules, matters that teacher unions hold dear. Yet unions have begun organizing teacher in charter schools. This development prompts the question whether unionization and charter schools are compatible.
In contrast …
Giving Texas Lawyers Their Dues: The State Bar's Liability Under Hudson And Keller For Political And Ideological Activities., Ralph H. Brock
Giving Texas Lawyers Their Dues: The State Bar's Liability Under Hudson And Keller For Political And Ideological Activities., Ralph H. Brock
St. Mary's Law Journal
The State Bar must provide information for members to assess the propriety of mandatory dues and establish a procedure for members to challenge improper expenditures, however, the Texas State Bar provides no such procedure. Although most states have unified bars, opposition to compulsory bar membership is steady—due largely, to using membership dues to lobby state legislatures in favor of positions which some members may oppose. Chicago Teachers Union v. Hudson and Keller v. State Bar of California are the culmination of labor union and unified bar cases which uphold compulsory membership but establish constitutional limits on the uses of mandatory …
Rearranging Deck Chairs On The Titanic: The Inadequacy Of Modest Proposals To Reform Labor Law, Charles B. Craver
Rearranging Deck Chairs On The Titanic: The Inadequacy Of Modest Proposals To Reform Labor Law, Charles B. Craver
Michigan Law Review
A Review of Agenda for Reform: The Future of Employment Relationships and the Law by William B. Gould IV
Evaluating Unions: Labor Economics And The Law, Michael J. Goldberg
Evaluating Unions: Labor Economics And The Law, Michael J. Goldberg
Michigan Law Review
A Review ofWhat Do Unions Do? by Richard B. Freeman and James L. Medoff
Leading Questions To Leading Persons, Fletcher Andrews, Stephen R. Curtis, Charles W. Fornoff, Ray Forrester
Leading Questions To Leading Persons, Fletcher Andrews, Stephen R. Curtis, Charles W. Fornoff, Ray Forrester
Cleveland State Law Review
Leading questions on current legal problems of wide general interest and importance were posed by the Editors of this review to nine leading public figures, each a dean of a law school.These questions were and are frankly difficult and controversial, but their answers are of vital importance to our legal system and to our society. Capsule answers given by these distinguished personages are believed to be interesting and significant. It is emphasized that only very short answers were requested. Brief answers such as these, of course, are not expected to be, nor do they pretend to be, complete or profound. …