Law Commons^™

Potential Conflicts Between Obligations Imposed On Employers And Unions By The National Labor Relations Act And The Americans With Disabilities Act, Jerry M. Hunter

Northern Illinois University Law Review

In this article, the author outlines the potential conflicts between the requirements of the Americans with Disabilities Act and the National Labor Relations Act. First, a potential conflict arises between the NLRA obligation to bargain and the reasonable accommodation obligation under the ADA. Second, the confidentiality requirement of the ADA and the duty to provide information under the NLRA poses an additional potential conflict. The author discusses the potential for allegations that unions have violated their duty of fair representation under the NLRA from both disabled and nondisabled employees, concluding that resolution of such grievances can be achieved through traditional …

Trading At Divorce: Preferences, Legal Rules And Transactions Costs, Margaret F. Brinig, Michael V. Alexeev

Journal Articles

For almost ten years, legal commentators have been aware of the possibility of applying economic bargaining principles to the problems of negotiations at the time of divorce. Although some cases and journal articles have mentioned the Mnookin and Komhauser article suggesting that custodial time and financial assets might be exchanged, attempts to apply the analysis have been confined to description. No one has attempted an empirical study to see if there really are trade-offs between custodial time and marital assets at the time of divorce, and there has been no formal model describing the process.

Furthermore, there has been no …