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Full-Text Articles in Law

Can Compulsory Arbitration Be Reconciled With Section 7 Rights?, Ann C. Hodges Jan 2003

Can Compulsory Arbitration Be Reconciled With Section 7 Rights?, Ann C. Hodges

Law Faculty Publications

Employers are increasingly imposing arbitration agreements on their employees as a condition of employment. These agreements force the employees to arbitrate, rather than litigate, any legal claims arising out of their employment. For employees covered by the National Labor Relations Act, such agreements may impair their rights to engage in concerted activity, since litigation of employment claims is protected by Section 7. Employee rights to file class actions, consolidate claims, and seek broad injunctive relief are concerted actions that are particularly threatened by the move to compelled arbitration. The Article analyzes the impact of arbitration agreements on various forms of ...


Immigration Restrictions As Employment Discrimination, Howard F. Chang Jan 2003

Immigration Restrictions As Employment Discrimination, Howard F. Chang

Faculty Scholarship at Penn Law

In this paper, I analyze restrictions on immigration to the United States as a form of government-mandated employment discrimination against aliens. Through our immigration laws, we deny aliens access to valuable employment opportunities that are open to natives. Under our immigration and nationality laws, we base this discrimination explicitly on circumstances of birth beyond the control of the alien. I argue that immigration restrictions thereby violate our liberal ideals of equality, which require a cosmopolitan perspective that extends equal concern to all individuals. Furthermore, even if we assume a less demanding moral theory that allows us to give the interests ...


The United Student-Athletes Of America: Should College Athletes Organize In Order To Protect Their Rights And Address The Ills Of Intercollgiate Athletics?, Marc Jenkins Jan 2003

The United Student-Athletes Of America: Should College Athletes Organize In Order To Protect Their Rights And Address The Ills Of Intercollgiate Athletics?, Marc Jenkins

Vanderbilt Journal of Entertainment & Technology Law

This note will focus on the legal feasibility and practicality of forming a student-athlete players association or union. It assumes that a strike is a possible avenue the CAC may take in the future. Unlike the professional sports unions, the make-up of athletes on college campuses is in constant flux. This will obviously make it harder to initiate a strike. Part I of the note will concentrate on the realities of major college sports and the athletes that play them. This background will establish why student-athletes may want to form a players association. Part II will analyze the NCAA governing ...


“Salt” In The Wound? Making A Case And Formulating A Remedy When An Employer Refuses To Hire Union Organizers, Pamela A. Howlett Jan 2003

“Salt” In The Wound? Making A Case And Formulating A Remedy When An Employer Refuses To Hire Union Organizers, Pamela A. Howlett

Washington University Law Review

No abstract provided.


The Impact Of Sturgis On Bargaining Power For Contingent Workers In The U.S. Labor Market, Michael J. Hely Jan 2003

The Impact Of Sturgis On Bargaining Power For Contingent Workers In The U.S. Labor Market, Michael J. Hely

Washington University Journal of Law & Policy

No abstract provided.


Law And The Future Of Organized Labor In America, Keith Hylton Jan 2003

Law And The Future Of Organized Labor In America, Keith Hylton

Faculty Scholarship

This paper, prepared for "The Future of Organized Labor" conference at Wayne State University, examines two questions: what are the implications of the decline of unions for the future of labor law, and what are the implications of labor law for the decline of unions? After documenting the recent trends (decline in the private sector coupled with slight growth in the public sector), I argue that the change in the public-versus-private composition will lead unions to pursue legislative strategies that will further reduce the share of the private sector workforce in unions. A law reform program that has any chance ...