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Full-Text Articles in Law
Neutralitaet Des Arbeitgebers Im Us-Amerikanischen Arbeitsrecht?, Thomas Kohler
Neutralitaet Des Arbeitgebers Im Us-Amerikanischen Arbeitsrecht?, Thomas Kohler
Thomas C. Kohler
It is for workers alone to decide whether to organize for purposes of collective bargaining. However, this does not mean that employers are strictly obligated to remain neutral. Within the at times imprecise limits of Art. ?8(a)(1), an employer can mount a campaign against its employees’ efforts to organize. Once issues pertaining to this were quite dull – but they are no longer so today. Today, employer neutrality is a very lively and hotly contested topic. The NLRB has been heavily criticized by congressional Republicans; the future of its drafts and rules is hazy. The legitimacy of collective bargaining has …
This Is A Time For Hope And Change, Kevin D. Brown
This Is A Time For Hope And Change, Kevin D. Brown
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana
Working On Immigration: Three Models Of Labor And Employment Regulation, Rick Su
Working On Immigration: Three Models Of Labor And Employment Regulation, Rick Su
Journal Articles
The desire to tailor our immigration system to the economic interests of our nation is as old as its founding. Yet after more than two centuries of regulatory tinkering, we seem no closer to finding the right balance. Contemporary observers largely ascribe this failure to conflicts over immigration. Shifting the focus, I suggest here that longstanding disagreements in the world of economic regulations — in particular, tensions over the government’s role in regulating labor conditions and employment practices — also explains much of the difficulty behind formulating a policy approach to immigration. In other words, we cannot reach a political …
The New Danger Of Being Fired: Section 525(B)’S Disproportionate Effect On Older Workers And A Call To Amend, Jina Kim Yun
The New Danger Of Being Fired: Section 525(B)’S Disproportionate Effect On Older Workers And A Call To Amend, Jina Kim Yun
Northwestern Journal of Law & Social Policy
This Note explores an increasingly perverse effect of an anti-discriminatory provision of the Bankruptcy Code on numerous Americans who have declared personal bankruptcies after the recent economic recession of 2007. Under § 525(b) of the Bankruptcy Code, a private employer is not prohibited from barring a former debtor from prospective employment based on a past insolvency. This provision has had an immense impact on the large number of former debtors seeking the fresh start that bankruptcy law is meant to provide. With the dramatic increase in the number of personal bankruptcies, this Note argues that such an impact is overly …
Swimming In The Crosscurrents Of History: Labor And Employment Law Under The Obama Administration, Kenneth G. Dau-Schmidt, Matthew Kelley
Swimming In The Crosscurrents Of History: Labor And Employment Law Under The Obama Administration, Kenneth G. Dau-Schmidt, Matthew Kelley
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana
Employer Neutrality?, Thomas Kohler
Employer Neutrality?, Thomas Kohler
Thomas C. Kohler
It is for workers alone to decide whether to organize for purposes of collective bargaining. However, this does not mean that employers are strictly obligated to remain neutral. Within the at times imprecise limits of Art. ?8(a)(1), an employer can mount a campaign against its employees’ efforts to organize. Once issues pertaining to this were quite dull – but they are no longer so today. Today, employer neutrality is a very lively and hotly contested topic. The NLRB has been heavily criticized by congressional Republicans; the future of its drafts and rules is hazy. The legitimacy of collective bargaining has …
Whistleblowers And The Obama Presidency: The National Security Dilemma, Richard E. Moberly
Whistleblowers And The Obama Presidency: The National Security Dilemma, Richard E. Moberly
Richard E. Moberly
As a candidate for President, Barack Obama promised to protect whistleblowers because they are, in his words, “watchdogs of wrongdoing and partners in performance.” Three years into his Presidency, Obama’s record often demonstrates strong support for employees who disclose government misconduct. He appointed whistleblower-rights supporters to key administrative posts and fought to include robust whistleblower protections in his key legislative accomplishments, such as the economic stimulus package, health care reform and the financial reform bill. However, the Obama Administration’s treatment of national security whistleblowers has been decidedly less emphatic and more nuanced. His Administration aggressively prosecuted unauthorized disclosures related to …