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Full-Text Articles in Law

Protecting Workers From Genetic Discrimination, Karen H. Rothenberg Dec 2009

Protecting Workers From Genetic Discrimination, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.


The Incentives Matrix: The Comparative Effectiveness Of Rewards, Liabilities, Duties And Protections For Reporting Illegality, Yuval Feldman Sep 2009

The Incentives Matrix: The Comparative Effectiveness Of Rewards, Liabilities, Duties And Protections For Reporting Illegality, Yuval Feldman

Yuval Feldman

Social enforcement is becoming a key feature of regulatory policy. Increasingly, statutes rely on individuals to report misconduct, yet the incentives they provide to encourage such enforcement vary significantly. Despite the clear policy benefits that flow from understanding the factors that facilitates social enforcement, i.e., the act of individual reporting of illegal behavior, the field remains largely understudied. Using a series of experimental surveys of a representative panel of over 2000 employees, this article compares the effect of different regulatory mechanisms - monetary rewards, protective rights, positive obligations, and liabilities - on individual motivation and behavior. By exploring the interplay …


Lessons From The Laboratory: The Polar Opposites On The Public Sector Labor Law Spectrum, Ann C. Hodges Jul 2009

Lessons From The Laboratory: The Polar Opposites On The Public Sector Labor Law Spectrum, Ann C. Hodges

Cornell Journal of Law and Public Policy

No abstract provided.


Lessons From The Laboratory: The Polar Opposites On The Public Sector Labor Law Spectrum, Ann C. Hodges Jul 2009

Lessons From The Laboratory: The Polar Opposites On The Public Sector Labor Law Spectrum, Ann C. Hodges

Law Faculty Publications

Section I analyzes the legal framework and history of collective bargaining in Illinois, and Section II follows with a similar analysis for Virginia. Each section includes current data about public sector employees and union activity in the two states. Section III follows with a discussion of possible explanations for the differences in the law of the two states. Section IV looks at the lessons from this analysis for state and federal lawmakers, unions, employers, and labor relations advocacy groups.


The Way To Save Card Check, Michael J. Goldberg May 2009

The Way To Save Card Check, Michael J. Goldberg

Michael J Goldberg

No abstract provided.


Recent Decisions Of The Supreme Court In Labor Law, David S. Bogen Apr 2009

Recent Decisions Of The Supreme Court In Labor Law, David S. Bogen

David S. Bogen

No abstract provided.


The Warp And Woof Of Statutory Interpretation: Comparing Supreme Court Approaches In Tax Law And Workplace Law, James J. Brudney, Corey Ditslear Apr 2009

The Warp And Woof Of Statutory Interpretation: Comparing Supreme Court Approaches In Tax Law And Workplace Law, James J. Brudney, Corey Ditslear

Duke Law Journal

Debates about statutory interpretation-and especially about the role of the canons of construction and legislative history-are generally framed in one-size-fits-all terms. Yet federal judges-including most Supreme Court Justices-have not approached statutory interpretation from a methodologically uniform perspective. This Article presents the first in-depth examination of interpretive approaches taken in two distinct subject areas over an extended period of time. Professors Brudney and Ditslear compare how the Supreme Court has relied on legislative history and the canons of construction when construing tax statutes and workplace statutes from 1969 to 2008. The authors conclude that the Justices tend to rely on legislative …


Architectural Digest For International Trade And Labor Law: Regional Free Trade Agreements And Minimum Criteria For Enforceable Social Clauses, Marley S. Weiss Mar 2009

Architectural Digest For International Trade And Labor Law: Regional Free Trade Agreements And Minimum Criteria For Enforceable Social Clauses, Marley S. Weiss

Marley S. Weiss

Until the advent of binding “social clauses” in free trade arrangements, and incorporation of stronger social rights in the European Community treaties, the rapid widening and deepening of international commercial integration proceeded largely separate from international labor rights obligations. Inclusion of a “social clause” in a trade agreement ensures that the parties´ international labor rights commitments have equal dignity and binding force with their trade obligations. The threat of economic sanction for non-observance of labor commitments akin to the penalties for trade rule violations also may provide some “teeth” to induce compliance, unlike the lack of economic sanctions for violation …


A Look At Labor Law In The Land Down Under: Industrial Relations In Australia, David S. Bogen Feb 2009

A Look At Labor Law In The Land Down Under: Industrial Relations In Australia, David S. Bogen

David S. Bogen

No abstract provided.


Taming The Employment Sharks: The Case For Regulating Profit-Driven Labor Market Intermediaries In High Mobility Labor Markets, Harris Freeman, George Gonos Jan 2009

Taming The Employment Sharks: The Case For Regulating Profit-Driven Labor Market Intermediaries In High Mobility Labor Markets, Harris Freeman, George Gonos

Faculty Scholarship

Over the last quarter century, a profound restructuring of U.S. labor markets has occurred. Long-term job tenure, internal labor markets, and employer-sponsored benefits have waned under the pressures of neoliberal globalization. The trend is toward increasingly precarious, shorter-term, serial employment relationships that offer significantly lower wages, reduced job-related benefits, and formidable obstacles to the exercise of employment rights. This fundamental shift has moved so-called “non-standard” employment arrangements, once viewed as marginal, into the core economy. As a result, a remarkable array of profit-driven labor market intermediaries (LMIs) are now embedded in mainstream labor markets. Temporary help and staffing agencies, payrolling …


Embracing Paradox: Three Problems The Nlrb Must Confront To Resist Further Erosion Of Labor Rights In The Expanding Immigrant Workplace, Michael C. Duff Jan 2009

Embracing Paradox: Three Problems The Nlrb Must Confront To Resist Further Erosion Of Labor Rights In The Expanding Immigrant Workplace, Michael C. Duff

All Faculty Scholarship

This article discusses the Supreme Court's 2002 Hoffman Plastic Compounds opinion, normally considered in terms of its social justice ramifications, from the different perspective of NLRB attorneys tasked with pursuing enforcement of the National Labor Relations Act (NLRA) under the conceptually (and practically) odd rubric that some NLRA employees (unauthorized workers) have no remedy under the NLRA. The article focuses on three problems evincing paradox. First, NLRB attorneys prosecuting cases involving these workers will probably gain knowledge of unlawful background immigration conduct. To what extent must the attorneys disclose it, and to whom? Second, NLRB attorneys are extraordinarily reliant on …


Procedural Extremism: The Supreme Court's 2008-2009 Labor And Employment Cases, Melissa Hart Jan 2009

Procedural Extremism: The Supreme Court's 2008-2009 Labor And Employment Cases, Melissa Hart

Publications

It has become nearly a commonplace to say that the Supreme Court under the leadership of Chief Justice John Roberts is a court of “incrementalism.” The 2008 Term, however, featured several opinions that showcase the procedural extremism of the current conservative majority. In a series of sharply divided decisions, the Court re-shaped the law that governs the workplace - or more specifically the law that governs whether and how employees will be permitted access to the courts to litigate workplace disputes. At least as important as the Court’s changes to the substantive legal standards are the procedural hurdles the five …


What We Learn In Troubled Times: Deregulation And Safe Work In The New Economy, Susan Bisom-Rapp Jan 2009

What We Learn In Troubled Times: Deregulation And Safe Work In The New Economy, Susan Bisom-Rapp

Faculty Scholarship

Reviews of how federal agencies functioned during George W. Bush’s presidency reveal many instances of regulatory capture by industry. One prototypical example is the Occupational Safety and Health Administration (OSHA), the agency responsible for occupational safety and health (OSH) standard setting and enforcement. In contrast, a broad array of stakeholders during the Bush years gave good marks to an entirely separate agency, the National Institute for Occupational Safety and Health (NIOSH), which conducts research and develops recommendations to prevent workplace injury and illness. By reviewing the disparate performance of OSHA and NIOSH during the Bush administration, this article sheds light …


The 60th Anniversary Of The Prc: A Retrospective On The Chinese Legal System – Introduction, Benjamin L. Liebman Jan 2009

The 60th Anniversary Of The Prc: A Retrospective On The Chinese Legal System – Introduction, Benjamin L. Liebman

Faculty Scholarship

Since its establishment in 1987, the Columbia Journal of Chinese Law and its successor, the Columbia Journal of Asian Law, have played an important role in publishing English language scholarship about the law of China and Asia. An important part of this mission has been the publication of scholarship not only by scholars in the United States and Europe, but also by scholars from China and elsewhere in Asia. I am delighted that this special edition of the Journal, marking the sixtieth anniversary of the establishment of the People's Republic of China and thirty years of legal reforms in China, …


Overcoming Fears Of Erisa Preemption To Cover The Working Uninsured: Lessons Learned From Hawaii, California, And Massachusetts, Angela Tokuda Dec 2008

Overcoming Fears Of Erisa Preemption To Cover The Working Uninsured: Lessons Learned From Hawaii, California, And Massachusetts, Angela Tokuda

Angela Tokuda

As the debate for national health care reform continues to evolve, the question remains to what extent will national reform leave room to preserve state-level experimentation, especially in light of ERISA (Employee Retirement Income Security Act) preemption. ERISA preemption has remained a formidable obstacle to state efforts. However, three states, Hawaii, California and Massachusetts, have been successful in expanding health insurance coverage at the local level. Although each state utilizes different objectives to cover their uninsured population, each faces the same threat of ERISA preemption. Nonetheless, these states have come up with unique ways to avoid ERISA preemption. This paper …