Law Commons^™

Diagnostic Inflation For The People, Benjamin Douglas

Benjamin Douglas

Workplace stress can cause diagnosable mental health problems, and there is every reason to grant psychologically injured workers the same benefits accorded to other injured workers. Nevertheless, numerous jurisdictions deny or restrict these benefits, using arguments that do not stand up to scrutiny. The real reason for the double standard is not rooted in science, medicine or reason, but in employers' need to preserve low expectations for workers' mental well-being, which enables greater employer control over their employees, and shifts the costs of failing mental health to the rest of society. To reclaim workers' compensation for those who are suffering …

Sports Scandals From The Top-Down: Comparative Analysis Of Management, Owner, And Athlete Discipline In The Nfl & Nba, Jaimie K. Mcfarlin, Joshua S.E. Lee

Jaimie K. McFarlin

This article serves to discuss the current landscape of professional sports discipline and commissioner power in the NFL & NBA, specifically understanding the discipline of management and ownership in the major leagues as compared to player discipline when franchise ownership interests and commissioner power conflict. Furthermore, these particular events illuminate the differences between discipline in professional sports and non-sports contexts.

2015 Seri Call For Papers, Michele Faioli

Michele Faioli

No abstract provided.

But We Were Born Free: The Racial & Sexual Quota As A Constitutiional Bill Of Attainder, David D. Butler

David D. Butler

Racial & Sexual Quota Schemes meet or equal every constitutionial forbidden practice ennumerated in the bar against government's use of bills of attainder or bills of pains and penalities.

Workshop Libro Verde Bilateralità 26.5.14 Roma, Michele Faioli

Michele Faioli

No abstract provided.

The Hidden Ball Trick: How Major League Baseball Endured Through Its Tumultuous Labor History, Derek Carrillo

DEREK CARRILLO

No abstract provided.

Labor Rights And Free Trade; Social Development Parallel To Economic Development, Hassan Razavi

Hassan Razavi

The trade-based distributional policies have reinforced the issue of social standards in societies and the encroachment of free trade on other international standards particularly the labor standards has linked this matter with the issue of comparative advantage, thus opening the door for claims which are not made in good faith. This research studies the linkage of free trade and social standards under the WTO umbrella and based on justice theories, develop a framework in which the claims for both the protection of human rights and economic growth could be met by developing the idea of parallelism within the current regime …

Seconda Giornata Della Bilateralità - 5 Dicembre 2013, Michele Faioli

Michele Faioli

Workshop di presentazione della ricerca sulla bilateralità italiana e europea

Let's Deconstrct The Meaning Of Dependent Work To Enlarge The Scope Of Labour Law, Barbara Grandi

barbara grandi

please note that the article might include a graph, which is in a power point format that cannot be attached here

Past As Prologue In The Affirmative Action Jurisprudence Of The Supreme Court: Reflections On Fisher V. University Of Texas, David L. Gregory

David L. Gregory

Fisher v. Texas is the latest, and not the last, word of the Supreme Court on Affirmative Action. After forty years of contentious litigation in more than a dozen highly-charged cases, the near-unanimous Fisher Court undoubtedly understands the operational parameters of affirmative action. The Fisher Court is approaching the mid-point of Justice O’Connor’s 25 years to reach the utopian end of affirmative action. Perhaps the loudest silence in the Fisher Court’s recent history was the complete absence of any reference to Justice O’Connor’s 25 years chronology. Affirmative action is not a perfect methodology; rather, it is a flawed theory. But, …

Overruling Precedent: "A Derelict In The Stream Of The Law", Michael Leroy

Michael H LeRoy

Will the Supreme Court overrule Hoffman Plastic Compounds v. N.L.R.B., 535 U.S. 137 (2002), its precedent that treats unlawful alien workers as criminals and denies them backpay for a violation of a labor law? More generally, what are the statistical indicators of a precedent that the Supreme Court overrules— and how well does Hoffman Plastic fit that profile? To answer these research questions, I analyze two unique databases— 128 federal and state rulings from 2002-2012 that involved Hoffman Plastic’s remedy issue, and a sample of 154 Supreme Court pairings of an overruled precedent, and the decision that explicitly …

The Rule Of Law Goes To Work: How Collective Bargaining May Promote Access To Justice In The U.S., Canada, And Around The World, Christopher David Ruiz Cameron

Christopher David Ruiz Cameron

No abstract provided.

Unions, Corporations, And The First Amendment: A Response To Professors Fisk And Chemerinsky, Todd E. Pettys

Todd E. Pettys

In this response to Professor Fisk and Chemerinsky’s critique of the Supreme Court’s ruling in Knox v. SEIU Local 1000, I make two arguments. First, I challenge the premise of shareholder-employee equivalency that undergirds key portions of Fisk and Chemerinsky’s analysis. Second, I contest the claim that Knox contributes to incoherence in the Court’s First Amendment jurisprudence. Specifically, I challenge Fisk and Chemerinsky’s argument that Knox is difficult to reconcile with the Court’s leading precedents on the speech rights of government employees, and I raise doubts about their reading of the Court’s compelled-speech cases involving complaints that one’s resources are …

Is Welching On Public Pension Promises An Option For Illinois? An Analysis Of Article Xiii, Section 5 Of The Illinois Constitution, Eric M. Madiar

Eric M. Madiar

Illinois has the largest unfunded public pension liabilities of any state in the nation. This article considers whether the Illinois General Assembly may, without violating Article XIII, Section 5 of the 1970 Illinois Constitution, unilaterally cut the pension benefits of current public employees as a means to reduce the $96.8 billion the State owes to its five public pension systems. Article XIII, Section 5 (i.e., the “Pension Clause”) of the Illinois Constitution provides that: “Membership in any pension or retirement system of the State, any unit of local government or school district, or any agency or instrumentality thereof, shall be …

Social Protection Afforded To Irregular Migrant Workers: Thoughts On International Norms, The Southern African Development Community, Botswana And South Africa, Bruno Ps Van Eck, Felicia Snyman

Bruno PS Van Eck

The majority of migrant workers target those countries in southern Africa that have stronger economies. Irregular migrants are in a particularly vulnerable position, and this article discusses the protection that this category of persons may expect to experience in the southern African region. The authors recommend that the broad notion of “social protection”, rather than the narrower concept “social security” should be emphasized. International, continental and regional instruments providing protection to irregular migrants are traversed and the constitutional and legislative frameworks in relation to social protection in Botswana and South Africa are compared. The article concludes that there are significant …

Famiglia, Conciliazione Vita/Lavoro, Diritto Del Lavoro, Michele Faioli

Michele Faioli

No abstract provided.

Testing The Effects Of Striker Replacement And Employer Implementation Of Final Offers On Employer And Union Bargaining Power, Ellen Dannin

Ellen Dannin

Many sorts of quantitative and qualitative empirical research are regularly used to answer questions related to work and workplace issues. However, some issues involving human behavior may be difficult to capture using standard empirical methods. Common barriers include access to people or information; problems with accurate or honest reporting; behavior that occurs over long periods of time; cost; and ethical barriers as to research using human subjects.

Important information related to collective bargaining can be difficult to collect for all of these reasons. Participants in collective bargaining may not want outsiders present for all or critical parts of negotiations. They …

Testing The Effects Of Striker Replacement And Employer Implementation Of Final Offers On Employer And Union Bargaining Power, Ellen Dannin

Ellen Dannin

Many sorts of quantitative and qualitative empirical research are regularly used to answer questions related to work and workplace issues. However, some issues involving human behavior may be difficult to capture using standard empirical methods. Common barriers include access to people or information; problems with accurate or honest reporting; behavior that occurs over long periods of time; cost; and ethical barriers as to research using human subjects.

Important information related to collective bargaining can be difficult to collect for all of these reasons. Participants in collective bargaining may not want outsiders present for all or critical parts of negotiations. They …

Reproductive Technology Development Of Artificial Wombs And Its Prospective Impact On Employment Law: How Federal Legislation Must Redefine “Birth” After Ectogenesis To Rectify 29 U.S.C.A. § 2612 Of The Family And Medical Leave Act Of 1993, Daniel J. Burns

Daniel J Burns

There are countless issues stemming recent advancements in the field of reproductive technology. This article focuses specifically on redefining “birth” to appropriately reflect how external fetal gestation will inevitably impact the future of both maternity and paternity leave in the United States and provides recommendations on how to rectify the currently ambiguous federal legislation.

The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory

David L. Gregory

Wilma Liebman is the exemplar of the dedicated, intrepid public servant. This article will focus especially upon her influential, courageous leadership of the National Labor Relations Board. Appointed to the NLRB by President Clinton on November 14, 1997, she became the often lone voice of dissent against the wave of anti-union, pro-employer decisions rendered by the arch conservative NLRB majority throughout the tenure of President George W. Bush. In an exquisite twist of political fate, one of the first official acts of President Obama was his appointment of Wilma Liebman to Chair the NLRB. With the nearly absolute and deeply …

The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory

David L. Gregory

Wilma Liebman is the exemplar of the dedicated, intrepid public servant. This article will focus especially upon her influential, courageous leadership of the National Labor Relations Board. Appointed to the NLRB by President Clinton on November 14, 1997, she became the often lone voice of dissent against the wave of anti-union, pro-employer decisions rendered by the arch conservative NLRB majority throughout the tenure of President George W. Bush. In an exquisite twist of political fate, one of the first official acts of President Obama was his appointment of Wilma Liebman to Chair the NLRB. With the nearly absolute and deeply …

Risks Of Criminal Liability For Union Business Agents, Edwin Render

Edwin R. Render

This paper discusses some of the risks of violating criminal laws that union stewards and business agents encounter in connection with representing employees. It is not about RICO. The analysis is particularly focused on the types of crimes they might commit inadvertently in grievance meetings with management, when preparing and presenting cases in labor arbitrations and in representing and advising employees in matters such as worker’s compensation and unemployment compensation proceedings. The potential for criminal liability is discussed for business agents and union stewards in both the public and private sectors. While most business agents or stewards would not intentionally …

Union Business Agents, Edwin Render

Edwin R. Render

This paper discusses some of the risks of violating criminal laws that union stewards and business agents encounter in connection with representing employees. It is not about RICO. The analysis is particularly focused on the types of crimes they might commit inadvertently in grievance meetings with management, when preparing and presenting cases in labor arbitrations and in representing and advising employees in matters such as worker’s compensation and unemployment compensation proceedings. The potential for criminal liability is discussed for business agents and union stewards in both the public and private sectors. While most business agents or stewards would not intentionally …

The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory

David L. Gregory

Wilma Liebman is the exemplar of the dedicated, intrepid public servant. This article will focus especially upon her influential, courageous leadership of the National Labor Relations Board. Appointed to the NLRB by President Clinton on November 14, 1997, she became the often lone voice of dissent against the wave of anti-union, pro-employer decisions rendered by the arch conservative NLRB majority throughout the tenure of President George W. Bush. In an exquisite twist of political fate, one of the first official acts of President Obama was his appointment of Wilma Liebman to Chair the NLRB. With the nearly absolute and deeply …

The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory

David L. Gregory

Wilma Liebman is the exemplar of the dedicated, intrepid public servant. This article will focus especially upon her influential, courageous leadership of the National Labor Relations Board. Appointed to the NLRB by President Clinton on November 14, 1997, she became the often lone voice of dissent against the wave of anti-union, pro-employer decisions rendered by the arch conservative NLRB majority throughout the tenure of President George W. Bush. In an exquisite twist of political fate, one of the first official acts of President Obama was his appointment of Wilma Liebman to Chair the NLRB. With the nearly absolute and deeply …

The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory

David L. Gregory

Wilma Liebman is the exemplar of the dedicated, intrepid public servant. This article will focus especially upon her influential, courageous leadership of the National Labor Relations Board. Appointed to the NLRB by President Clinton on November 14, 1997, she became the often lone voice of dissent against the wave of anti-union, pro-employer decisions rendered by the arch conservative NLRB majority throughout the tenure of President George W. Bush. In an exquisite twist of political fate, one of the first official acts of President Obama was his appointment of Wilma Liebman to Chair the NLRB. With the nearly absolute and deeply …

The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory

David L. Gregory

Wilma Liebman is the exemplar of the dedicated, intrepid public servant. This article will focus especially upon her influential, courageous leadership of the National Labor Relations Board. Appointed to the NLRB by President Clinton on November 14, 1997, she became the often lone voice of dissent against the wave of anti-union, pro-employer decisions rendered by the arch conservative NLRB majority throughout the tenure of President George W. Bush. In an exquisite twist of political fate, one of the first official acts of President Obama was his appointment of Wilma Liebman to Chair the NLRB. With the nearly absolute and deeply …

The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory

David L. Gregory

Wilma Liebman is the exemplar of the dedicated, intrepid public servant. This article will focus especially upon her influential, courageous leadership of the National Labor Relations Board. Appointed to the NLRB by President Clinton on November 14, 1997, she became the often lone voice of dissent against the wave of anti-union, pro-employer decisions rendered by the arch conservative NLRB majority throughout the tenure of President George W. Bush. In an exquisite twist of political fate, one of the first official acts of President Obama was his appointment of Wilma Liebman to Chair the NLRB. With the nearly absolute and deeply …

The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory

David L. Gregory

Wilma Liebman is the exemplar of the dedicated, intrepid public servant. This article will focus especially upon her influential, courageous leadership of the National Labor Relations Board. Appointed to the NLRB by President Clinton on November 14, 1997, she became the often lone voice of dissent against the wave of anti-union, pro-employer decisions rendered by the arch conservative NLRB majority throughout the tenure of President George W. Bush. In an exquisite twist of political fate, one of the first official acts of President Obama was his appointment of Wilma Liebman to Chair the NLRB. With the nearly absolute and deeply …

The Labor Law Jurisprudence Of Wilma Liebman, David L. Gregory

David L. Gregory

Wilma Liebman is the exemplar of the dedicated, intrepid public servant. This article will focus especially upon her influential, courageous leadership of the National Labor Relations Board. Appointed to the NLRB by President Clinton on November 14, 1997, she became the often lone voice of dissent against the wave of anti-union, pro-employer decisions rendered by the arch conservative NLRB majority throughout the tenure of President George W. Bush. In an exquisite twist of political fate, one of the first official acts of President Obama was his appointment of Wilma Liebman to Chair the NLRB. With the nearly absolute and deeply …