Law Commons^™

Unshackling Shawanna: The Battle Over Chaining Women Prisoners During Labor And Delivery, Elizabeth Alexander

University of Arkansas at Little Rock Law Review

No abstract provided.

Muffley Ex Rel. Nlrb V. Spartan Mining Co., Joseph S. Bowman

South Carolina Law Review

No abstract provided.

Lecture At Fordham Corporate Law Center By William Dudley, President Of Federal Reserve Bank Of New York, William Dudley

Fordham Journal of Corporate & Financial Law

No abstract provided.

Evolving Schizophrenic Nature Of Labor Arbitration, The, Martin H. Malin

Journal of Dispute Resolution

Commentators have rightly criticized Pyett for its complete disregard of decades of established precedent. In this article, however, I situate the Pyett decision in the context of an ongoing evolution in labor arbitration as that institution has tried to accommodate the intrusion of public law claims into a private system of workplace self-governance. I suggest that labor arbitration has developed a kind of schizophrenic existence, preserving its role as a substitute for strikes and other workplace strife in a private system of self-governance while accommodating an additional role as a substitute for litigation of public law claims. Nevertheless, I find …

Holistic Strategy For Coming To Grips With The Creeping Legalism Of Labor Arbitration, A, Stephen L. Hayford

Journal of Dispute Resolution

The commentary that follows is a call to advocates to take back responsibility for settling the disputes that arise during the life of the collective bargaining agreement by becoming more adept negotiators, able and willing to find and engage the truth and unafraid to lead and make difficult decisions. Only then will the legal machinations and contortions that increasingly plague labor arbitration be rendered unnecessary in most circumstances. I assert that the "creeping legalism" of labor arbitration is a symptom of the too-frequent failure of the contractual grievance procedure to resolve difficult disputes. The conundrum that phenomenon presents can be …

Labor Pains: The Effect Of A Work Stoppage In The Nfl On Its Coaches, Robert H. Lattinville, Robert A. Boland, Bennett Speyer

Marquette Sports Law Review

No abstract provided.

Of Labor Inspectors And Judges: Chilean Labor Law Enforcement After Pinochet (And What The United States Can Do To Help), César F. Rosado Marzán

Saint Louis University Law Journal

No abstract provided.

The Equal Protection Class Of One Claim: Olech, Enquist, And The Supreme Court's Misadventure, Robert C. Farrell

South Carolina Law Review

No abstract provided.

China's Labor Law Evolution: Towards A New Frontier, Monique Garcia

ILSA Journal of International & Comparative Law

The People's Republic of China (P.R.C.) is moving towards becoming the biggest economy in the world.

Sacrificial Lambs Of Globalization: Child Labor In The Twenty-First Century, Ranee Khooshie Lal Panjabi

Denver Journal of International Law & Policy

No abstract provided.

Redefining The Rights Of Undocumented Workers, Keith Cunningham-Parmeter

American University Law Review

Should a nation extend legal rights to those who enter the country illegally? The Supreme Court recently addressed this question when it held that unauthorized immigrants who are fired illegally for unionizing cannot recover monetary remedies. This has led to a significant decline in employment protections for unauthorized immigrants beyond the unionized sector. For example, some courts now question whether unauthorized immigrants can receive full remedies for sexual harassment, workplace discrimination, or on-the-job injuries.

Scholars have criticized these losses but have yet to formulate a coherent framework for evaluating the employment rights of unauthorized immigrants. This article does so by …

Making Friends Of Foes: Bringing Labor And Management Together Through Integrative Bargaining, Carly Duvall

Journal of Dispute Resolution

Collective bargaining's unique history and structure make it an ideal setting for integrative bargaining ("LB").1 First, most collective bargaining agreements have a set expiration date, which causes the parties to constantly return to the bargaining table to negotiate new terms. Second, collective bargaining in the labor-management setting has a long history in the United States, and unions and management tend to form long-lasting relationships. Finally, collective bargaining agreements address complex interests and are designed to meet the needs of a variety of constituents. These factors combine to produce a relationship involving several individuals, going back multiple generations, who are sure …

A New "U": Organizing Victims And Protecting Immigrant Workers, Leticia M. Saucedo

University of Richmond Law Review

This article explores the viability and potential effectiveness of immigration law's U visa to contribute to the protection of groups of workers in substandard and dangerous workplaces. Immigration law has increasingly become an obstacle to the enforcement of employment and labor law to protect immigrant workers.Moreover, employment and labor law, with their individual rights frameworks, have proven blunt instruments in eradicating the type of subordinating, sometimes slave-like conditions of immi-grant workers, especially those in low-wage industries. The federal government recently issued long-awaited regulations govern-ing U nonimmigrant visas for certain crime victims. Several of the enumerated eligible crimes in the U …

Regional Trade Arrangements And Labor Liberalization: (Lost) Opportunities For Experimentation?, Karen E. Bravo

Saint Louis University Public Law Review

No abstract provided.

Federal Labor Law Obstacles To Achieving A Completely Independent Drug Program In Major League Baseball, Robert D. Manfred Jr.

Marquette Sports Law Review

No abstract provided.

Labor And Employment Law, W. David Paxton, Gregory R. Hunt

University of Richmond Law Review

No abstract provided.

Educational Athletic Employment And Civil Rights: Examining Discrimination Based On Disability, Age, And Race, Diane Heckman

Marquette Sports Law Review

No abstract provided.

American Diagnostic Radiology Moves Offshore: Is This Field Riding The "Internet Wave" Into A Regulatory Abyss?, Archie A. Alexander Iii

Journal of Law and Health

Recent trends in the American workplace are suggesting that outsourcing is becoming more commonplace, and currently no job or its work product may be safe from outsourcing. American blue-collar workers are certainly not surprised by these trends because they have experienced outsourcing related job losses since the early 1970s. Even those white-collar jobs traditionally considered immune to outsourcing pressures, such as those held by medical specialists, are now threatened. Most workers know outsourcing as a process whereby a domestic firm transfers some portion of their work product or a job to a different firm that resides either onshore in America …

American Diagnostic Radiology Moves Offshore: Surfing The Internet Wave To Worldwide Access And Quality Perspectives: American Diagnostic Radiology Moves Offshore: Where Is The Internet Wave Taking This Field, Eric M. Nyberg, Charles F. Lanzieri

Journal of Law and Health

International reading of medical imaging studies, or offshore teleradiology, has been a successful, though limited, practice benefiting patients and physicians for over a decade. Domestic and international market forces will continue to expand the demand for teleradiology as an important complement to United States based diagnostic radiology, though a full exodus of diagnostic reading to offshore sites is unlikely and inappropriate. Considerable obstacles remain to taking the teleradiology market to scale; however, barriers related to licensure, liability, quality assurance, and reimbursement will likely yield to market forces to be resolved in recognition of the significant benefits teleradiology offers to consumers …

Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Workers’ Rights, Elizabeth Keyes

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Why The Bankruptcy Reform Act Left Labor Legacy Costs Alone, Daniel Keating

Missouri Law Review

This paper proceeds in four parts. Part I describes the world of labor legacy costs and how they end up intersecting with bankruptcy. Part II discusses what approaches Congress or the courts have already used to address the labor/bankruptcy intersection. Part III explores what Congress might have considered in the bankruptcy reform bill if it had been motivated to take a serious look at labor legacy costs in bankruptcy. Part IV explains possible theories as to why Congress chose not to reform the labor/bankruptcy intersection and why that decision was frustrating but prudent.

Harry Arthurs And The Philosopher's Stone, Peer Zumbansen

Osgoode Hall Law Journal

No abstract provided.

Who Made That?: Influencing Foreign Labour Practices Through Reflexive Domestic Disclosure Regulation, David J. Doorey

Osgoode Hall Law Journal

An important tool of "decentred" regulation, including reflexive law, is corporate information disclosure. Disclosure regulation can have an important normative influence on corporate behaviour because it introduces a risk element that must be managed by corporate leaders. The challenge for regulators is to identify the scope of disclosure that will cause corporate responses of the sort desired by the state. This article considers the potential role of disclosure regulation as a tool for influencing labour practices beyond the borders of the regulating state and, in particular, within the vast global supply chains of multinational corporations. In the context of improving …

The Wrong Solution: An Examination Of Present Bush's Proposed Temporary Worker Program., Tory A. Cronin

The Scholar: St. Mary's Law Review on Race and Social Justice

In 2004, President George Bush offered a new proposal to provide temporary work permits to undocumented immigrants. His proposal, however, falls short of his goals to create an immigration system which serves the American economy and reflects the American Dream. This temporary worker program would provide labor for positions which Americans are not filling currently. For some reason, Americans seem averse to holding certain jobs even though these jobs are readily available. President Bush’s proposal, which he asked Congress to draft, alleviates pressure on American employers who wish to fill low-demand jobs with foreign laborers. The proposal accomplishes this by …

Union Responses To The Challenges Of An Increasingly Globalized Economy, Stephen B. Moldof

Richmond Journal of Global Law & Business

No abstract provided.

Broken Fences: Legal And Practical Realities Of Immigration Reform In The Post-9/11 Age, Jeanne A. Butterfield

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Immigration: Mind Over Matter, Shoba Sivaprasad Wadhia

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Labor And Employment Law, Thomas M. Winn Iii, Lindsey H. Dobbs

University of Richmond Law Review

No abstract provided.

Penal Institutions Use Of Inmates For Private Gain: Authorize Use Of Inmates As Voluntary Labor For Privately Owned Profit-Making Employers Producing Goods And Services For Sale To Public And Private Purchasers; Authorize Georgia Correctional Industries Administration To Enter Into Service Contracts With Privately Owned Profit-Making Employers Producing Goods And Services For Sale To Public And Private Purchasers; Provide For Determinations By The Georgia Department Of Labor As To Whether Inmates Would Be Displacing Other Workers And Whether Labor Shortages Exist, Randall Wharton

Georgia State University Law Review

HB 1173 would have amended Chapters 1, 5, and 10 of Title 42 of the Official Code of Georgia Annotated to allow inmates to volunteer for certain jobs in private industries. Additionally, it would have allowed the private sale of inmate-produced goods, directed the Georgia Department of Labor to ensure that inmates did not displace other and that officials only use inmate labor in areas where labor shortages existed, and allowed penal authorities to enter into service contracts with privately owned profit-making employers producing goods and services for sale to public and private purchasers.

If It's Hardly Worth Doing, It's Hardly Worth Doing Right: How The Nlra's Goals Are Defeated Through Inadequate Remedies, Robert M. Worster Iii

University of Richmond Law Review

No abstract provided.