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Full-Text Articles in Law
Labor Law's Impact On The Post-Dobbs Workplace, Jeffrey M. Hirsch
Labor Law's Impact On The Post-Dobbs Workplace, Jeffrey M. Hirsch
Employee Rights and Employment Policy Journal
The Supreme Court’s Dobbs decision has left many workers, especially in states with restrictive abortion-related laws, in a precarious position. Labor laws and unions, however, provide one avenue for providing these workers with more protections. Unions can demand bargaining to protect or expand health care, leave, and other terms of employment that give workers with means to obtain abortion-related care. Unions can also provide members legal defense and other support if they face prosecutions. Additionally, both union and non-union workers who make up the vast majority of workers in states with restrictive laws may have labor law protection for discussing …
Whither The Wagner Act: On The Waning View Of Labor Law And Leviathan, Brandon R. Magner
Whither The Wagner Act: On The Waning View Of Labor Law And Leviathan, Brandon R. Magner
Employee Rights and Employment Policy Journal
The National Labor Relations Act’s (NLRA) well-documented weaknesses in substance and enforcement, combined with legislators’ inability to adapt the Act to the modern economy, have understandably created many cynics in the field of labor law. For several decades, legal scholars have almost unanimously derided the NLRA and the agency which administers it, the National Labor Relations Board (NLRB), for failing to prevent rampant anti-union conduct by employers and the collapse of the union formation process through the Board’s election machinery. This “ossification” of the law, as it has come to be known, is considered to be a key contributor to …
Payment Finality And Discharge In Funds Transfers, Benjamin Geva
Payment Finality And Discharge In Funds Transfers, Benjamin Geva
Chicago-Kent Law Review
The article explores the occurrence of "final payment" in funds transfers in the form of "accountability" by a bank instructed to pay to a payee/beneficiary. Both the accountability of the drawee/payor bank in a check-collection debit-pull system and that of the beneficiary's bank in a wire-transfer credit-push system are discussed. The article further examines the relationship between "final payment" and the discharge of an obligation paid by means of the "funds transfer." It analyzes relevant provisions of Articles 3, 4, and 4A of the Uniform Commercial Code, sometimes against the background of general common law principles. The article proposes minor …
Expanding Nlra Protection Of Employee Organizational Blogs: Non-Discriminatory Access And The Forum-Based Disloyalty Exception, Andrew F. Hettinga
Expanding Nlra Protection Of Employee Organizational Blogs: Non-Discriminatory Access And The Forum-Based Disloyalty Exception, Andrew F. Hettinga
Chicago-Kent Law Review
As they fight for better working conditions both in the union and non-union context, employees increasingly use online web logs or "blogs" to better organize themselves. For organizational purposes, these blogs present numerous advantages over more traditional speech forms. This article adds to the growing voices calling for explicit protection of employee blogs under Section 7 of the National Labor Relations Act ("NLRA"), which protects "concerted" employee action taken "for mutual aid and protection" from employer retaliation, provided that such blogs otherwise comply with NLRA requirements. Furthermore, by analogizing to past NLRA jurisprudence concerning traditional organizational speech, this article argues …
Knowledge Work: New Metaphors For The New Economy, Catherine L. Fisk
Knowledge Work: New Metaphors For The New Economy, Catherine L. Fisk
Chicago-Kent Law Review
Metaphor and narrative have played a crucial role in shaping perceptions of the nature of employment relations. Lawyers, judges, and firms have long been "narrative entrepreneurs," deploying metaphor and story strategically to shape the legal culture of work. When AT&T cut 40,000 jobs in one year, its Vice President of Human Resources said from then on all workers should regard themselves as "self-employed . . . vendors who come to this company to sell their skills." The metaphor suggested that all formerly career employees were now "contingent" in the sense that they suddenly had the same employment contract as day …