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Full-Text Articles in Law

A Brief Analysis Of After-Acquired Evidence In Employment Cases: A Proposed Model For Alaska (And Points South), Gregory S. Fisher Dec 2000

A Brief Analysis Of After-Acquired Evidence In Employment Cases: A Proposed Model For Alaska (And Points South), Gregory S. Fisher

Alaska Law Review

No abstract provided.


Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel Jul 2000

Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel

Journal of Dispute Resolution

As negligent retention theories continue to grow, courts will inevitably address these questions. This article will offer a brief introduction to the tort of negligent retention and related doctrines and will discuss how courts will accommodate them within traditional labor law principles. Despite my impulsive reaction that negligent retention poses a threat to arbitration, I conclude that, for the most part, negligent retention and labor arbitration can coexist peacefully.


Tortious Interference With Business Relations: "The Other White Meat" Of Employment Law, Alex B. Long Apr 2000

Tortious Interference With Business Relations: "The Other White Meat" Of Employment Law, Alex B. Long

Scholarly Works

No abstract provided.


The Right To Strike In Essential Services Under United States Labor Law, Marley S. Weiss Jan 2000

The Right To Strike In Essential Services Under United States Labor Law, Marley S. Weiss

Faculty Scholarship

SUMMARY: I. Introduction. II. A Brief History of U.S. Collective Labor Relations Laws. III. The Structure of Labor-Management Relations in The U.S. IV. The Right to Strike. V. Private Sector “Essential Services” Provisions: LMRA National. VI. Conclusion.


Union-Negotiated Waivers Of An Employee's Federal Forum Rights To Statutory Claims: Are They An Effective Means To Exclusivity, Robert M. Smith Jan 2000

Union-Negotiated Waivers Of An Employee's Federal Forum Rights To Statutory Claims: Are They An Effective Means To Exclusivity, Robert M. Smith

Missouri Law Review

Virtually every collective bargaining agreement provides for the use of labor arbitration in the event that the employer, and the union representing the employee, are unable to reach a mutually agreeable result.' However, even after Wright v. Universal Maritime Service Corp.,3 it remains unclear whether an agreement to arbitrate can require arbitration to be an individual employee's exclusive forum for federal statutory claims. This Note analyzes the United States Supreme Court holding in Wright, and also analyzes both the case law leading up to the Court's decision, and the existing split among the federal circuits as to whether union-negotiated waivers …


Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel Jan 2000

Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.


Labor Law And Industrial Peace: A Comparative Analysis Of The United States, The United Kingdom, Germany, And Japan Under The Bargaining Model, Kenneth G. Dau-Schmidt Jan 2000

Labor Law And Industrial Peace: A Comparative Analysis Of The United States, The United Kingdom, Germany, And Japan Under The Bargaining Model, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

In this Article, Professor Dau-Schmidt provides a comparative analysis of the labor laws of the United States, the United Kingdom, Germany, and Japan for the purposes of identifying which characteristics of a country's labor laws are likely to reduce strike incidence and intensity and promote industrial peace. To identify which characteristics of a country's law are likely to encourage industrial peace, Professor Dau-Schmidt presents game theory arguments based on his analysis of unions and collective bargaining. Dau-Schmidt then provides a simple empirical test as to the relative success of different countries' laws in advancing industrial peace by comparing data on …


An Overview And Assessment Of The Law Regulating Internal Union Affairs, Michael J. Goldberg Dec 1999

An Overview And Assessment Of The Law Regulating Internal Union Affairs, Michael J. Goldberg

Michael J Goldberg

No abstract provided.