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Full-Text Articles in Law
Payment Finality And Discharge In Funds Transfers, Benjamin Geva
Payment Finality And Discharge In Funds Transfers, Benjamin Geva
Chicago-Kent Law Review
The article explores the occurrence of "final payment" in funds transfers in the form of "accountability" by a bank instructed to pay to a payee/beneficiary. Both the accountability of the drawee/payor bank in a check-collection debit-pull system and that of the beneficiary's bank in a wire-transfer credit-push system are discussed. The article further examines the relationship between "final payment" and the discharge of an obligation paid by means of the "funds transfer." It analyzes relevant provisions of Articles 3, 4, and 4A of the Uniform Commercial Code, sometimes against the background of general common law principles. The article proposes minor …
Expanding Nlra Protection Of Employee Organizational Blogs: Non-Discriminatory Access And The Forum-Based Disloyalty Exception, Andrew F. Hettinga
Expanding Nlra Protection Of Employee Organizational Blogs: Non-Discriminatory Access And The Forum-Based Disloyalty Exception, Andrew F. Hettinga
Chicago-Kent Law Review
As they fight for better working conditions both in the union and non-union context, employees increasingly use online web logs or "blogs" to better organize themselves. For organizational purposes, these blogs present numerous advantages over more traditional speech forms. This article adds to the growing voices calling for explicit protection of employee blogs under Section 7 of the National Labor Relations Act ("NLRA"), which protects "concerted" employee action taken "for mutual aid and protection" from employer retaliation, provided that such blogs otherwise comply with NLRA requirements. Furthermore, by analogizing to past NLRA jurisprudence concerning traditional organizational speech, this article argues …
Knowledge Work: New Metaphors For The New Economy, Catherine L. Fisk
Knowledge Work: New Metaphors For The New Economy, Catherine L. Fisk
Chicago-Kent Law Review
Metaphor and narrative have played a crucial role in shaping perceptions of the nature of employment relations. Lawyers, judges, and firms have long been "narrative entrepreneurs," deploying metaphor and story strategically to shape the legal culture of work. When AT&T cut 40,000 jobs in one year, its Vice President of Human Resources said from then on all workers should regard themselves as "self-employed . . . vendors who come to this company to sell their skills." The metaphor suggested that all formerly career employees were now "contingent" in the sense that they suddenly had the same employment contract as day …