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Full-Text Articles in Law
A Theory Of Minimum Contract Terms, With Implications For Labor Law, Keith N. Hylton
A Theory Of Minimum Contract Terms, With Implications For Labor Law, Keith N. Hylton
Faculty Scholarship
This Paper deals with a topic at the core of labor, property, and contract law: to what extent should individuals be free to enter into agreements of their choice? In many instances, the state intervenes to tell parties that they may not execute or enforce certain agreements, or that they must incorporate certain "minimum terms." A broad view of property rights would support the position that individuals are free to enter into whatever agreements suit them. A narrow view, on the other hand, is consistent with the claim that the state may require contracting parties to comply with a set …
Reply: The Need For Real Striker Replacement Reform, Rafael Gely, Leonard Bierman
Reply: The Need For Real Striker Replacement Reform, Rafael Gely, Leonard Bierman
Faculty Publications
Introduction In a recent article in the North Carolina Law Review, Louisiana State University Law Professor William R. Corbett proposes an innovative solution to the contentious issue of the right of employers to permanently replace economic strikers pursuant to the National Labor Relations Act (“NLRA” or “Act”). Professor Corbett's proposal is based on two arguments. First, he argues that the current legal distinction between “economic” and “unfair labor practice” strikes -- whereby employers are prevented from permanently replacing employees striking over employer unfair labor practices but may permanently replace employees striking over economic issues -- is a useful one and …
Begging The Federal Question: Removal Jurisdiction In Wrongful Discharge Cases, Michael D. Moberly
Begging The Federal Question: Removal Jurisdiction In Wrongful Discharge Cases, Michael D. Moberly
Seattle University Law Review
This Article analyzes the federal question jurisdiction issue in the context of state law claims for wrongful discharge in violation of public policy articulated in federal law. Part II of this Article contains a general discussion of the public policy exception to the employment at will rule. Part III discusses removal and federal question jurisdiction. Part IV analyzes cases relevant to the issue of federal question removal jurisdiction in the wrongful discharge context, including the United States Supreme Court's decisions in Merrell Dow Pharmaceuticals v. Thompson and Christianson v. Colt Industries Operating Corp. This Article concludes that a wrongful discharge …
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
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