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Full-Text Articles in Law

Reconceiving Labour Law: The Labour Market Regulation Project, Andrew D. Frazer Nov 2008

Reconceiving Labour Law: The Labour Market Regulation Project, Andrew D. Frazer

Faculty of Law - Papers (Archive)

This paper reviews the recent work by Australian labour lawyers that has embraced the ‘new regulation’ and in particular the idea of law as regulation. This approach has recast the academic study of labour law as being concerned with regulation of the labour market. While much of this work has concentrated on expanding the field of labour law to include many areas of law affecting the labour market (beyond the employer-employee relationship), the work has also developed the view of law as a mechanism of state regulation. The paper examines how the ‘regulatory turn’ in Australian labour law has affected …


Ruffled Feathers At Hubbard Poultry Company, Tammy W. Cowart, Barbara Ross Wooldridge Jul 2008

Ruffled Feathers At Hubbard Poultry Company, Tammy W. Cowart, Barbara Ross Wooldridge

Accounting, Finance & Business Law Faculty Publications and Presentations

This case has a labor law and product liability focus and is suited for a human resource, employment or business law class at the undergraduate level. This case is based on an actual incident; the names of the workers and company have been changed.


Second Panel: Labor Markets, Income Inequality And Globalization, Fran Ansley Jul 2008

Second Panel: Labor Markets, Income Inequality And Globalization, Fran Ansley

Scholarly Works

No abstract provided.


Payment Finality And Discharge In Funds Transfers, Benjamin Geva Apr 2008

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 …


Are Contingent-Fee Attorneys Deterred?: How Courts Can More Effectively Police Adhesive Arbitration Agreements, Kenyon Harbison Mar 2008

Are Contingent-Fee Attorneys Deterred?: How Courts Can More Effectively Police Adhesive Arbitration Agreements, Kenyon Harbison

Kenyon D Harbison

If you’re like me, you become bound by a new arbitration agreement almost every day, sometimes without even knowing it. They are included with banking and credit card statements, in most employment contracts, and in most purchase agreements. When we make purchases online we ‘click’ our assent to them without reading them. When we receive them in the mail we signal our assent by failing to opt out. But what happens when we are injured, defrauded, or cheated, try to sue, and find we are instead subject to arbitration? What standards can we expect courts to apply if we challenge …


The Ilo Convention On Freedom Of Association And Its Future In The United States, Steve Charnovitz Jan 2008

The Ilo Convention On Freedom Of Association And Its Future In The United States, Steve Charnovitz

GW Law Faculty Publications & Other Works

This paper addresses the status of the international law convention on freedom of association in the United States. Although the United States supported the adoption of the Convention on Freedom of Association (#87) in the International Labour Organization in 1948, the U.S. government has not ratified that Convention. Instead, the Convention has sat on the shelf in the United States Senate since 1949, the longest unratified convention on the treaty calendar of the Senate Foreign Relations Committee. The paper analyzes the disadvantages for the United States in failing to become a party to this important treaty. The paper notes that …


Economic Analysis Of Labor And Employment Law In The New Economy, Kenneth G. Dau-Schmidt, Alan Hyde, Michael Risch, Jagdeep Bhandari, Richard Block Jan 2008

Economic Analysis Of Labor And Employment Law In The New Economy, Kenneth G. Dau-Schmidt, Alan Hyde, Michael Risch, Jagdeep Bhandari, Richard Block

Articles by Maurer Faculty

No abstract provided.


Educating Workers About Labor Rights And Global Wrongs Through Documentary Film, Fran Ansley Jan 2008

Educating Workers About Labor Rights And Global Wrongs Through Documentary Film, Fran Ansley

Scholarly Works

No abstract provided.


Doing Policy From Below: Worker Solidarity And The Prospects For Immigration Reform, Fran Ansley Jan 2008

Doing Policy From Below: Worker Solidarity And The Prospects For Immigration Reform, Fran Ansley

Scholarly Works

No abstract provided.


In The Cause Of Union Democracy, Michael J. Goldberg Dec 2007

In The Cause Of Union Democracy, Michael J. Goldberg

Michael J Goldberg

This article is part of a symposium entitled "The Employment and Labor Law Professor as Public Intellectual: Sharing our Work with the World," based on presentations at the 2008 meeting of the Association of American Law Schools. The article describes the cause to which I have devoted a good part of my career, both inside and outside the halls of academia: the struggle to make the labor movement more democratic and more responsive to its members. While this piece briefly describes how I became involved in this cause, and how my work on its behalf has contributed to both my …