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Full-Text Articles in Law
Fear Of Foreigners: Nativism And Workplace Language Restrictions, Mark Adams
Fear Of Foreigners: Nativism And Workplace Language Restrictions, Mark Adams
Articles
No abstract provided.
Eti, Phone The Department Of Labor: Economically Targeted Investments, Ib 94-1 And The Reincarnation Of Industrial Policy, Edward A. Zelinsky
Eti, Phone The Department Of Labor: Economically Targeted Investments, Ib 94-1 And The Reincarnation Of Industrial Policy, Edward A. Zelinsky
Articles
In Interpretive Bulletin 94-1 (B 94-1), the Department of Labor defines economically targeted investments (ETIs) as investments which bear risk-adjusted, market rates of return and which also generate collateral economic benefits. lB 94-1 declares ETIs, so defined, to be consistent with the fiduciary provisions of the Employee Retirement Income Security Act of 1974 (ERISA). In his critique of lB 94-1, Professor Edward Zelinsky finds the ET1 concept unsound as a matter of policy and logic and incompatible with ERISA's statutory standards governing pension trustees' investment decisions. Professor Zelinsky views 1B 94-1 as resurrecting the discredited notion of industrial policy. He …
Title Vii Arbitration, Patrick O. Gudridge
Title Vii Arbitration, Patrick O. Gudridge
Articles
Supreme Court decisions establish two separate lines of analysis concerning whether arbitration agreements should pre-empt judicial remedies for parties already covered by employment and labor legislation. First, in cases like Gilmer v. Interstate/Johnson Corp., the Supreme Court espouses a procedural analysis: the Court considers the extent to which the arbitration procedures reflect judicial processes. In Alexander v. Gardner-Denver and its successors, on the other hand, the Court examines whether the applicable statutes explicitly pre-empt the arbitration agreement. This article argues that neither approach is helpful. Rather, 'courts should consider whether the relevant statute applies standards derived essentially from "inside" …
Aliquippa: The Company Town And Contested Power In The Construction Of Law, Kenneth M. Casebeer
Aliquippa: The Company Town And Contested Power In The Construction Of Law, Kenneth M. Casebeer
Articles
No abstract provided.