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Journal Articles

Courts

1984

Articles 1 - 3 of 3

Full-Text Articles in Law

Can Mother Vote In The Union Election? The Board's Authority To Define The Appropriate Bargaining Unit: An Analysis Of Nlrb V. Action Automotive, Inc., Barbara J. Fick Jan 1984

Can Mother Vote In The Union Election? The Board's Authority To Define The Appropriate Bargaining Unit: An Analysis Of Nlrb V. Action Automotive, Inc., Barbara J. Fick

Journal Articles

This article previews the Supreme Court case NLRB v. Action Automotive, Inc., 469 U.S. 490 (1985). The author expected the Court to address whether the NLRB can exclude from the bargaining unit an employee-relative of the owners/managers of a closely held corporation when that employee does not enjoy any special work benefits because of that relationship.


Labor Racketeering And Labor Law: State Regulation V. Federal Rights: An Analysis Of Brown V. Hotel And Restaurant Employees Union Local 54, Barbara J. Fick Jan 1984

Labor Racketeering And Labor Law: State Regulation V. Federal Rights: An Analysis Of Brown V. Hotel And Restaurant Employees Union Local 54, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Brown v. Hotel and Restaurant Employees, 468 U.S. 491 (1984). The author expected the Court to decide which interest prevails where there is a conflict between New Jersey's regulation of labor unions in order to reduce the influence of organized crime in the labor sector and federally granted rights to organize and bargain collectively.


Withdrawing Jurisdiction From Federal Courts, Charles E. Rice Jan 1984

Withdrawing Jurisdiction From Federal Courts, Charles E. Rice

Journal Articles

Courts today accept two incorrect assumptions when interpreting the federal constitution. First, they assume that the judiciary is the sole branch with the definitive power in interpreting the Constitution. Second, they assume that the Supreme Court's decisions on constitutional interpretation are the law of the land and equal to the language of the Constitution itself. This Article proposes that Congress ought to exercise its removal power of appellate jurisdiction from the federal courts in certain areas of law to limit the Supreme Court’s power in creating law that expands the Constitution, which is mistakenly viewed today with equal stature as …