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Articles 1 - 11 of 11
Full-Text Articles in Law
Reagan Through Soviet Eyes, Larry Caldwell, Robert Legvold
Reagan Through Soviet Eyes, Larry Caldwell, Robert Legvold
Larry Caldwell
No abstract provided.
Subcontracting Disputes In Labor Arbitration: Productive Efficiency Versus Job Security, Roger Abrams, Dennis Nolan
Subcontracting Disputes In Labor Arbitration: Productive Efficiency Versus Job Security, Roger Abrams, Dennis Nolan
Roger I. Abrams
In this Article, Professors Abrams and Nolan discuss the principles which should be used by labor arbitrators in resolving subcontracting grievances under collective bargaining agreements. These disputes involve the fundamental and conflicting interests of labor and management in job security and productive efficiency. The authors conclude that the arbitrator's primary responsibility is to carry out the intent of the parties as evidenced in the provisions of their agreement.
American Labor Arbitration: The Maturing Years, Roger Abrams, Dennis Nolan
American Labor Arbitration: The Maturing Years, Roger Abrams, Dennis Nolan
Roger I. Abrams
In this article, Professor Nolan and Dean Abrams complete their discussion of the history of American labor arbitration up to the present day. In particular, they analyze the critical importance of the War Labor Board in the development of the labor arbitration process as the chosen means for resolving disputes that arise during the terms of collective bargaining agreements.
The Common Law, Labor Law, And Reality: A Response To Professor Epstein, Thomas Kohler, Julius Getman
The Common Law, Labor Law, And Reality: A Response To Professor Epstein, Thomas Kohler, Julius Getman
Thomas C. Kohler
No abstract provided.
American Labor Arbitration: The Early Years, Roger Abrams, Dennis Nolan
American Labor Arbitration: The Early Years, Roger Abrams, Dennis Nolan
Roger I. Abrams
In this article, Professor Nolan and Dean Abrams explore the origins of the modern labor arbitration process through its early years. Before the twentieth century, arbitration was used as a means for resolving bargaining disputes and industrial conflict. Only in the 1930s with the organization of major manufacturing industries would the current form of grievance arbitration emerge.
The Concept Of Person In The Law, Charles Baron
The Concept Of Person In The Law, Charles Baron
Charles H. Baron
The focus of the abortion debate in the United States tends to be on whether and at what stage a fetus is a person. I believe this tendency has been unfortunate and counterproductive. Instead of advancing dialogue between opposing sides, such a focus seems to have stunted it, leaving advocates in the sort of “I did not!” – “You did too!” impasse we remember from childhood. Also reminiscent of that childhood scene has been the vain attempt to break the impasse by appeal to a higher authority. Thus, the pro-choice forces hoped they had proved the pro-life forces “wrong” by …
The Common Law Of The Labor Agreement: Vacations, Roger Abrams
The Common Law Of The Labor Agreement: Vacations, Roger Abrams
Roger I. Abrams
In this article, Professor Abrams and Nolan continue their review of the common topics addressed by labor arbitrators. Vacations are a particularly challenging matter involving work qualification requirements and calculations of benefits issues. Abrams and Nolan suggest ways labor and management can design their vacation systems to avoid later problems in arbitration.
Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles Baron
Licensure Of Health Care Professionals: The Consumer's Case For Abolition, Charles Baron
Charles H. Baron
While state medical licensure laws ostensibly are intended to promote worthwhile goals, such as the maintenance of high standards in health care delivery, this Article argues that these laws in practice are detrimental to consumers. The Article takes the position that licensure contributes to high medical care costs and stifles competition, innovation and consumer autonomy. It concludes that delicensure would expand the range of health services available to consumers and reduce patient dependency, and that these developments would tend to make medical practice more satisfying to consumers and providers of health care services.
Resolving Holiday Pay Disputes In Labor Arbitration, Roger Abrams, Dennis Nolan
Resolving Holiday Pay Disputes In Labor Arbitration, Roger Abrams, Dennis Nolan
Roger I. Abrams
Originally, hourly employees were paid only for time actually workers, reducing their paychecks when management shut down operations during holidays. Tody paid holidays are a significant part of the compensation package and are generally assured under collective bargaining contracts. Disputes over the interpretation of holiday pay provisions comprise a significant portion of the arbitrator's caseload. This Article examines a series of recurring holiday pay issues and the body of arbitration opinions which treat them, and sets out decisional principles to guide in their resolution. The Article also suggests ways for the parties to avoid holiday pay controversies when negotiating collective …
Feeling Like A Lawyer, Michael Meltsner
Feeling Like A Lawyer, Michael Meltsner
Michael Meltsner
An address to the National Clinical Law Teachers Conference, arguing that clinic experience provides opportunities for understanding group and interpersonal relations that while essential to successful legal practice are largely disregarded in the mainstream law school curriculum and denigrated in certain constructs of the lawyer’s role.
Application Of International Human Rights Law In State And Federal Courts, Connie De La Vega, Stephen Rosenbaum, Kathryn Burke, Sandra Coliver
Application Of International Human Rights Law In State And Federal Courts, Connie De La Vega, Stephen Rosenbaum, Kathryn Burke, Sandra Coliver
Connie de la Vega
This article provides a substantive discussion of international human rights law and how it can be used in federal and state courts to protect human rights within and outside the United States. It provides a comprehensive analysis of cases and examples of possible areas in which international human rights standards may be used to interpret United States laws. Specifically, the article seeks to promote more extensive use of international human rights laws by United States lawyers. State and federal courts have traditionally used international law for the application and enforcement of treaties to which the United States has been a …