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Articles 31 - 60 of 110
Full-Text Articles in Law
Economic Analysis Of Labor And Employment Law In The New Economy, Kenneth G. Dau-Schmidt, Alan Hyde, Michael Risch, Jagdeep Bhandari, Richard Block
Economic Analysis Of Labor And Employment Law In The New Economy, Kenneth G. Dau-Schmidt, Alan Hyde, Michael Risch, Jagdeep Bhandari, Richard Block
Articles by Maurer Faculty
No abstract provided.
Advocating For The Employment Rights Of Victims Of Domestic Violence And Sexual Assault, Deborah A. Widiss, Robin R. Runge
Advocating For The Employment Rights Of Victims Of Domestic Violence And Sexual Assault, Deborah A. Widiss, Robin R. Runge
Articles by Maurer Faculty
No abstract provided.
The Changing Face Of Collective Representation: The Future Of Collective Bargaining, Kenneth G. Dau-Schmidt
The Changing Face Of Collective Representation: The Future Of Collective Bargaining, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
No abstract provided.
Governance Of The Workplace: The Contemporary Regime Of Individual Contract, Kenneth G. Dau-Schmidt, Timothy A. Haley
Governance Of The Workplace: The Contemporary Regime Of Individual Contract, Kenneth G. Dau-Schmidt, Timothy A. Haley
Articles by Maurer Faculty
No abstract provided.
High Velocity Labor Economics: A Review Essay Of Working In Silicon Valley: Economic And Legal Analysis Of A High-Velocity Labor Market, Kenneth G. Dau-Schmidt
High Velocity Labor Economics: A Review Essay Of Working In Silicon Valley: Economic And Legal Analysis Of A High-Velocity Labor Market, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
No abstract provided.
Employment Protection For Domestic Violence Victims, Deborah A. Widiss, Wendy R. Weiser
Employment Protection For Domestic Violence Victims, Deborah A. Widiss, Wendy R. Weiser
Articles by Maurer Faculty
No abstract provided.
Erisa Preemption And The Case For A Federal Common Law Of Agency Governing Employer-Administrators, Joshua Fairfield
Erisa Preemption And The Case For A Federal Common Law Of Agency Governing Employer-Administrators, Joshua Fairfield
Articles by Maurer Faculty
No abstract provided.
Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel
Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel
Articles by Maurer Faculty
No abstract provided.
Labor Law And Industrial Peace: A Comparative Analysis Of The United States, The United Kingdom, Germany, And Japan Under The Bargaining Model, Kenneth G. Dau-Schmidt
Labor Law And Industrial Peace: A Comparative Analysis Of The United States, The United Kingdom, Germany, And Japan Under The Bargaining Model, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
In this Article, Professor Dau-Schmidt provides a comparative analysis of the labor laws of the United States, the United Kingdom, Germany, and Japan for the purposes of identifying which characteristics of a country's labor laws are likely to reduce strike incidence and intensity and promote industrial peace. To identify which characteristics of a country's law are likely to encourage industrial peace, Professor Dau-Schmidt presents game theory arguments based on his analysis of unions and collective bargaining. Dau-Schmidt then provides a simple empirical test as to the relative success of different countries' laws in advancing industrial peace by comparing data on …
The Failure Of Gissel Bargaining Orders, Terry A. Bethel, Catherine Melfi
The Failure Of Gissel Bargaining Orders, Terry A. Bethel, Catherine Melfi
Articles by Maurer Faculty
No abstract provided.
Laboring In The Academic Marketplace: The Case For Tenure, Kenneth G. Dau-Schmidt
Laboring In The Academic Marketplace: The Case For Tenure, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
No abstract provided.
Employment Security: A Comparative Institutional Debate, Kenneth G. Dau-Schmidt
Employment Security: A Comparative Institutional Debate, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
No abstract provided.
Book Review. Sexual Abuse By Professionals: A Legal Guide By Steven B. Bisbing, Et.Al., Juliet Casper Smith
Book Review. Sexual Abuse By Professionals: A Legal Guide By Steven B. Bisbing, Et.Al., Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
Book Review. Fetal Protection In The Workplace And At Women's Expense, Julia C. Lamber
Book Review. Fetal Protection In The Workplace And At Women's Expense, Julia C. Lamber
Articles by Maurer Faculty
No abstract provided.
The Excludability Of Employment Discrimination Awards Under Code Section 104(A)(2) After Burke V. United States And Commissioner V. Schleier, Leandra Lederman
The Excludability Of Employment Discrimination Awards Under Code Section 104(A)(2) After Burke V. United States And Commissioner V. Schleier, Leandra Lederman
Articles by Maurer Faculty
No abstract provided.
Book Review. Turbulence!: Challenges And Opportunities In The World Of Work: Are You Prepared For The Future? By Roger E. Herman, Juliet Casper Smith
Book Review. Turbulence!: Challenges And Opportunities In The World Of Work: Are You Prepared For The Future? By Roger E. Herman, Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
The Labor Market Transformed: Adapting Labor And Employment Law To The Rise Of The Contingent Work Force, Kenneth G. Dau-Schmidt
The Labor Market Transformed: Adapting Labor And Employment Law To The Rise Of The Contingent Work Force, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
The American labor market has been at the forefront of change in adapting the new information technology and engaging in global trade. These changes have led to new and increased use of contingent employment relationships such as part-time, temporary and subcontracted work which do not neatly fall under the definition of employee in most American protective legislation. With the advent of increasing numbers of contingent workers, these labor and employment laws must be reevaluated. In expanding upon Dr Richard S. Belous' previous critical analysis, this paper argues for a broader statutory definition of employee in current and future protective legislation …
Struggling Through The Thicket: Section 301 And The Washington Supreme Court, Mark L. Adams
Struggling Through The Thicket: Section 301 And The Washington Supreme Court, Mark L. Adams
Articles by Maurer Faculty
In this article, Professor Adams examines preemption doctrine under section 301 of the Labor Management Relations Act, focusing primarily on the Washington Supreme Court's 1992 decision in Commodore v. University Mechanical Contractors, Inc. The author traces the history of section 301 cases, comparing two different theories regarding its correct application. Under one theory, an employee's state law claim will be preempted if the underlying right is negotiable or if the employer's defenses implicate the collective bargaining agreement. Under the second theory, an employee's state law claim is preempted only when the right at issue derives from the provisions of a …
And Promises To Keep: The Future In Employment Discrimination, Julia C. Lamber
And Promises To Keep: The Future In Employment Discrimination, Julia C. Lamber
Articles by Maurer Faculty
No abstract provided.
Wrongful Discharge: Litigation Or Arbitration?, Terry A. Bethel
Wrongful Discharge: Litigation Or Arbitration?, Terry A. Bethel
Articles by Maurer Faculty
No abstract provided.
Overqualified, Unqualified Or Just Right: Thinking About Age Discrimination And Taggart V. Time, Julia C. Lamber
Overqualified, Unqualified Or Just Right: Thinking About Age Discrimination And Taggart V. Time, Julia C. Lamber
Articles by Maurer Faculty
No abstract provided.
Recent Employment Law Decisions Of The Seventh Circuit And The Indiana Courts, Terry A. Bethel
Recent Employment Law Decisions Of The Seventh Circuit And The Indiana Courts, Terry A. Bethel
Articles by Maurer Faculty
No abstract provided.
A Bargaining Analysis Of American Labor Law And The Search For Bargaining Equity And Industrial Peace, Kenneth G. Dau-Schmidt
A Bargaining Analysis Of American Labor Law And The Search For Bargaining Equity And Industrial Peace, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
No abstract provided.
Labor And Employment Discrimination Cases In The Supreme Court 1989 Term, Julia C. Lamber, Terry A. Bethel
Labor And Employment Discrimination Cases In The Supreme Court 1989 Term, Julia C. Lamber, Terry A. Bethel
Articles by Maurer Faculty
No abstract provided.
Recent Supreme Court Employment Law Decisions, 1990-91, Terry A. Bethel
Recent Supreme Court Employment Law Decisions, 1990-91, Terry A. Bethel
Articles by Maurer Faculty
No abstract provided.
Union Security Agreements Under The National Labor Relations Act: The Statute, The Constitution, And The Court's Opinion In Beck, Kenneth G. Dau-Schmidt
Union Security Agreements Under The National Labor Relations Act: The Statute, The Constitution, And The Court's Opinion In Beck, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
The Supreme Court's recent decision in Communications Workers of America v. Beck interpreted section 8(a)(3) of the National Labor Relations Act (NLRA) to prohibit the observance of agency shop agreements. By interpreting the statute in this way, the Court avoided the question of whether union security agreements under the NLRA are subject to constitutional scrutiny. The Court's determination that section 8(a)(3) does not allow agency shop agreements was an important decision affecting the enforceability of union security agreements in the vast majority of private sector bargaining agreements.
In this Article, Professor Dau-Schmidt criticizes the Court's interpretation of section 8(a)(3) in …
Panel Discussion: Second Annual Corporate Symposium, Kenneth G. Dau-Schmidt, John J. Murphy
Panel Discussion: Second Annual Corporate Symposium, Kenneth G. Dau-Schmidt, John J. Murphy
Articles by Maurer Faculty
This Panel Discussion took place as a part of the Second Annual Corporate Symposium, Beyond Collective Bargaining and Employment at Will: Discharging Employees in the 1990s, at the University of Cincinnati College of Law, Cincinnati, Ohio, on March 9, 1989.
A Probit Model Of Nlrb Bargaining Order Cases In The Appellate Courts, Terry A. Bethel, C. A, Melfi
A Probit Model Of Nlrb Bargaining Order Cases In The Appellate Courts, Terry A. Bethel, C. A, Melfi
Articles by Maurer Faculty
This study examines NLRB bargaining orders that have gone to appeals courts and ascertains what factors influence whether or not the order is enforced and to what degree these factors influence the likelihood of enforcement. Substantial information has been collected from each reported appellate decision that reviewed NLRB bargaining orders issued over a four-year period. A probit regression model is employed to examine whether factors related to an employer's unfair labor practice campaign are involved in the circuit court's enforcement decisions or if more weight is given to unrelated factors, such as the circuit in which the appeal is heard …
Judicial Enforcement Of Nlrb Bargaining Orders: What Influences The Courts?, Terry A. Bethel, Catherine A. Melfi
Judicial Enforcement Of Nlrb Bargaining Orders: What Influences The Courts?, Terry A. Bethel, Catherine A. Melfi
Articles by Maurer Faculty
No abstract provided.
Recent Labor Law Decisions Of The Supreme Court, Terry A. Bethel
Recent Labor Law Decisions Of The Supreme Court, Terry A. Bethel
Articles by Maurer Faculty
This Article highlights the more notable labor and employment law decisions by the Supreme Court since the beginning of 1984.' Although the Court worked no major changes,2 it has been "tinkering and tailoring,"3 deferring to administrative interpretation or refining its own analysis from previous opinions. Even so, the Court has acted in important areas, and its decisions raise significant questions.