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Full-Text Articles in Law
Researching Colorado Employment Law, Jill Sturgeon
Organizing Principles: The Significance Of Card-Checks Laws, Rafael Gely, Timothy D. Chandler
Organizing Principles: The Significance Of Card-Checks Laws, Rafael Gely, Timothy D. Chandler
Faculty Publications
The use of “card checks” as a method of union organizing has recently garnered a lot of attention, much of it surrounding the proposed Employee Free Choice Act. If passed, this legislation would amend the National Labor Relations Act by requiring employers to recognize a union when the employer is presented with evidence of majority support for union recognition via union authorization cards. Although the proposed bill has had difficulty gaining traction in the U.S. Congress, several states have recently passed similar legislation covering state and local public employees. In this article, we compare card-check organizing by public sector employees …
Office Politics: Hiring And Firing Government Lawyers, Gilda R. Daniels
Office Politics: Hiring And Firing Government Lawyers, Gilda R. Daniels
All Faculty Scholarship
In September of 2009, the U.S. Department of Justice (DOJ) announced that it would not prosecute former DOJ Civil Rights Division official Bradley Schlozman for alleged false statements made during his congressional testimony about personnel actions at DOJ. As many government lawyers will remember, a July 2, 2008, report of the DOJ Office of Professional Responsibility and Office of the Inspector General (hereinafter, the IG's report) found that Schlozman had violated the Civil Service Reform Act when he "considered political and ideological affiliations in hiring career attorneys and other personnel actions affecting career attorneys in the Civil Rights Division." Often …
Wrongful Discharge: The Use Of Federal Law As A Source Of Public Policy, Nancy M. Modesitt
Wrongful Discharge: The Use Of Federal Law As A Source Of Public Policy, Nancy M. Modesitt
All Faculty Scholarship
Wrongful discharge in violation of public policy circumscribes the employment at-will doctrine by prohibiting employers from firing employees who engage in conduct that is deemed to be protected by state or federal public policy. While much has been written about the pros and cons of such wrongful discharge claims, to date no scholarship has focused on the problems that arise when the source of public policy is a federal rather than state statute. This article analyzes the historical and current approaches to the use of federal statutes as a source of public policy to protect employees against discharge, concluding that …
Separation Of Powers Conflicts In The "Reform" Of Arkansas Workers' Compensation Law, J. Thomas Sullivan
Separation Of Powers Conflicts In The "Reform" Of Arkansas Workers' Compensation Law, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.