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Articles 1 - 11 of 11
Full-Text Articles in Law
Who Speaks For The Working Poor: A Preliminary Look At The Emerging Tetralogy Of Representation Of Low-Wage Service Workers, Alan Hyde
Cornell Journal of Law and Public Policy
No abstract provided.
The Transformation Of The Professional Workforce, Marion Crain
The Transformation Of The Professional Workforce, Marion Crain
Chicago-Kent Law Review
For professionals, work is not a commodity to be sold on the market, but a calling that constitutes personal identity while simultaneously conferring a relatively privileged class status. Historically, the professions avoided commodification through a social bargain in which they exchanged their professional expertise and dedication to public service for autonomy, the ability to self-regulate through peer review, and monopoly power over their knowledge base. Over the last twenty-five years, market instability and technological development have fundamentally altered the conditions under which this social bargain was formed, and the professional class has been transformed from self-employed to salaried employee status. …
Commentary: Organized Professionals Can Be Effective Producers, Robert M. Tobias
Commentary: Organized Professionals Can Be Effective Producers, Robert M. Tobias
Chicago-Kent Law Review
No abstract provided.
Mediation And The Transformation Of American Labor Unions, Ann C. Hodges
Mediation And The Transformation Of American Labor Unions, Ann C. Hodges
Missouri Law Review
First, the Article analyzes the changes in the workplace that led to various proposals for reform. Then the Article looks at the potential for mediation of claims that do not arise out of the collective bargaining agreement, analyzing the possible benefits form the point of view of employers, employees and unions. Next, some of the issues and obstacles to mediation are reviewed. Ultimately, the Article concludes that the benefits of mediation outweigh the disadvantages and that in most collective bargaining relationships the obstacles should not prevent either negotiation of such provision or their successful use for at least some cases.
Graduate Assistants At The Bargaining Table, But For How Long?, Stephen L. Ukeiley
Graduate Assistants At The Bargaining Table, But For How Long?, Stephen L. Ukeiley
Hofstra Labor & Employment Law Journal
No abstract provided.
The Nhl Labour Dispute And The Common Law, The Competition Law, And Public Policy, Stephen F. Ross
The Nhl Labour Dispute And The Common Law, The Competition Law, And Public Policy, Stephen F. Ross
Journal Articles
This article develops the claim that, absent an agreement with the union, the imposition of a salary cap or punitive luxury tax would constitute an unreasonable restraint of trade, as well as a violation of section 48 of the Competition Act that the Canadian courts should enjoin. The article analyzes decisions of Canadian and other British Commonwealth courts concerning general principles of the common law as well as their specific application in the context of the sports industry. Second, the paper discusses why the same standard applies to restraints challenged under section 48 of the Competition Act. Next. the …
Workplace Justice Without Unions, Hoyt N. Wheeler, Brian S. Klaas, Douglas M. Mahony
Workplace Justice Without Unions, Hoyt N. Wheeler, Brian S. Klaas, Douglas M. Mahony
Upjohn Press
Wheeler, Klaas, and Mahony provide a thorough analysis of organizational justice systems by exploring nonunion systems of workplace justice and comparing them with the union system, American courts, and systems in 11 other countries.
Illegal Defense: The Irrational Economics Of Banning High School Players From The Nba Draft, Michael Mccann
Illegal Defense: The Irrational Economics Of Banning High School Players From The Nba Draft, Michael Mccann
Law Faculty Scholarship
Each year, the National Basketball Association (NBA) conducts its annual entry draft (NBA Draft), which is the exclusive process by which premiere amateur players gain entrance into the NBA. To the dismay of many commentators, a number of drafted players will have just completed their senior year of high school. Routinely, these players are dismissed as immature, unprepared, and ill-advised, even though most will sign guaranteed, multi-million dollar contracts before their college educations would have begun. In stark contrast to popular myth, this Article finds that players drafted straight out of high school are not only likely to do well …
Religious Organizations And Mandatory Collective Bargaining Under Federal And State Labor Laws: Freedom From And Freedom For, Kathleen A. Brady
Religious Organizations And Mandatory Collective Bargaining Under Federal And State Labor Laws: Freedom From And Freedom For, Kathleen A. Brady
Villanova Law Review
No abstract provided.
An End Run Around Antitrust Law: The Second Circuit's Blanket Application Of The Non-Statutory Labor Exemption In Clarett V. Nfl, Scott A. Freedman
An End Run Around Antitrust Law: The Second Circuit's Blanket Application Of The Non-Statutory Labor Exemption In Clarett V. Nfl, Scott A. Freedman
Santa Clara Law Review
No abstract provided.
Labor And Employment Law In Two Transitional Decades, Theodore J. St. Antoine
Labor And Employment Law In Two Transitional Decades, Theodore J. St. Antoine
Articles
Labor law became labor and employment law during the past several decades. The connotation of "labor law" is the regulation of union-management relations and that was the focus from the 1930s through the 1950s. In turn, voluntary collective bargaining was supposed to be the method best suited for setting the terms and conditions of employment for the nation's work force. Since the 1960s, however, the trend has been toward more governmental intervention to ensure nondiscrimination, safety and health, pensions and other fringe benefits, and so on. "Employment law" is now the term for the direct federal or state regulation of …