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Full-Text Articles in Law
Taxing Housework, Nancy Staudt
Taxing Housework, Nancy Staudt
Faculty Working Papers
This article examines the tax policy rationale for excluding non-market household labor from the tax base and argues that the conventional rationals no longer withstand scrutiny. The article goes on to argue that it is possible to include non-market household labor into the tax base, while at the same time avoiding the imposition of costs upon the (mostly) women who supply the labor. Moreover, and mort important, tax policy reform along these line would increase householder laborers' access to public retirement benefits and signal the important of the work to society generally.
State Of Maryland V. Louis Hyman: Did Progressivism, Concern For Public Health, And The Great Baltimore Fire Influence The Court Of Appeals?, Justin Haas
Legal History Publications
In the latter half of the nineteenth century, increased immigration from eastern Europe and a growing garment industry in Baltimore led to vast growth in so-called sweatshops: cramped workspaces in which clothing was partially or completely sewn for market. As the sweatshops grew, integrated clothing factories were also emerging, finally becoming a real force in the Baltimore garment industry around the turn of the twentieth century. As the integrated factories grew, the workers joined in the growing organized labor movement, and then began to push for greater protections for the health and safety of workers, as well as fair wages. …
Justice Sonia Sotomayor And The Relationship Between Leagues And Players: Insights And Implications, Michael Mccann
Justice Sonia Sotomayor And The Relationship Between Leagues And Players: Insights And Implications, Michael Mccann
Law Faculty Scholarship
This Essay examines U.S. Supreme Court Justice Sonia Sotomayor’s important role in shaping U.S. sports law. As a judge on the U.S. District Court for the Southern District of New York and later on the U.S. Court of Appeals for the Second Circuit, Sotomayor authored opinions that resolved two major sports law disputes: whether Major League Baseball (“MLB”) owners could unilaterally impose new labor conditions on MLB players during the 1994 baseball strike and whether Ohio State University sophomore Maurice Clarett was obligated to wait three years from the completion of high school to become eligible for the National Football …
Three Transnational Discourses Of Labor Law In Domestic Reforms, Alvaro Santos
Three Transnational Discourses Of Labor Law In Domestic Reforms, Alvaro Santos
Georgetown Law Faculty Publications and Other Works
Current labor law debates, in the United States and elsewhere, reflect entrenched discursive positions that make potential reform seem impossible. This Article identifies and examines the three most influential positions, which it names the “social,” “the neoliberal,” and the “rights-based” approach. It shows that these discursive positions are truly transnational in character. In contrast with conventional wisdom, which accepts the incompatibility of these positions, this Article creates a conceptual framework that productively combines elements from each to enrich the debates over labor law reform and to foster institutional imagination. Applying this framework, the Article examines the collective bargaining systems of …
Viva State Employment Law - State Law Retaliation Claims In A Post-Crawford/Burlington Northern World, Alex B. Long
Viva State Employment Law - State Law Retaliation Claims In A Post-Crawford/Burlington Northern World, Alex B. Long
Scholarly Works
No abstract provided.
People Are Not Bananas: How Immigration Differs From Trade, Jennifer Gordon
People Are Not Bananas: How Immigration Differs From Trade, Jennifer Gordon
Faculty Scholarship
No abstract provided.
The Relative Bargaining Power Of Employers And Unions In The Global Information Age: A Comparative Analysis Of The United States And Japan, Kenneth G. Dau-Schmidt, Benjamin C. Ellis
The Relative Bargaining Power Of Employers And Unions In The Global Information Age: A Comparative Analysis Of The United States And Japan, Kenneth G. Dau-Schmidt, Benjamin C. Ellis
Articles by Maurer Faculty
In this paper, we examine and compare the impact of American and Japanese labor law on the relative bargaining power of the labor and management within the context of the new global economy based on information technology. We begin by providing a simple economic definition of bargaining power and examining how it can be influenced by economic and legal factors. Next, we discuss the impact of new information technology and the global economy on the employment relationship and how this has decreased union bargaining power relative to management bargaining power. Finally, we compare various facets of American and Japanese labor …
How To Make The Much-Needed Employee Free Choice Act Politically Acceptable, Charles B. Craver
How To Make The Much-Needed Employee Free Choice Act Politically Acceptable, Charles B. Craver
GW Law Faculty Publications & Other Works
The proposed Employee Free Choice Act (AFCA) would make it easier for employees to select bargaining agents by allowing unions to become certified based upon authorization cards instead of secret ballot Labor Board elections. This practice would be similar to the practice employed by the Labor Board under the original NLRA from 1935 until 1947. To ensure that a majority of workers really desire representation, EFCA could require that 60% or 67% of employees in proposed bargaining units sign authorization cards before the designated union could be certified. EFCA would also require first contract arbitration in the many instances in …
The Depression Era Sit-Down Strikes And The Limits Of Liberal Labor Law, Ahmed A. White
The Depression Era Sit-Down Strikes And The Limits Of Liberal Labor Law, Ahmed A. White
Publications
This paper explores the history of sit-down strikes from the New Deal Era and beyond and traces their influence on the substance of modern labor law. It argues that, even as the sit-down strikes proved essential to the development of a meaningful system of labor rights, the strikes also had a very different effect. As this paper undertakes to demonstrate, legal and political attacks on labor rights that were originally aimed at the sit-down strikes metastasized into a more general campaign to prohibit a range of militant strike practices, even those bearing little outward resemblance to the original sit-down strikes. …