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Articles 1 - 23 of 23
Full-Text Articles in Law
Two Approaches To Equality, With Implications For Grutter, Keith N. Hylton
Two Approaches To Equality, With Implications For Grutter, Keith N. Hylton
Faculty Scholarship
The question “what is equality?”, applied to the distribution of resources across races, suggests the following answer: when there appears to be no need for a policy that focuses on improving the welfare of one race relative to another. There is another way to approach the same question: equality is when traditionally-recognized paths to advancement do not give preference to or disadvantage an individual because of his race. Notice the difference here is between end-state and process-based notions of equality, a distinction Nozick emphasized in his examination of justice in distribution. Nozick rejected end-state theories of justice in distribution. I …
Book Review: A Perspective On Labour Law. Ole Hasselbalch, Alan C. Neal, & Anders Victorin. Stockholm, London, New York: Transnational Publishers, 1984., J. Ralph Beaird
Book Review: A Perspective On Labour Law. Ole Hasselbalch, Alan C. Neal, & Anders Victorin. Stockholm, London, New York: Transnational Publishers, 1984., J. Ralph Beaird
Georgia Journal of International & Comparative Law
No abstract provided.
Labor Law 2.0: The Impact Of New Information Technology On The Employment Relationship And The Relevance Of The Nlra, Kenneth G. Dau-Schmidt
Labor Law 2.0: The Impact Of New Information Technology On The Employment Relationship And The Relevance Of The Nlra, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
The NLRA system of collective bargaining was born during the industrial age of the early twentieth century. As a result, key terms in the statute such as "employee," "employer," and "appropriate bargaining unit" were first interpreted in the context of long-term employment and large vertically integrated firms that dominated this era. Beginning in the late 1970s, the new information technology wrought a revolution in the organization of production increasing short-term contingent employment and the organization of firms horizontally in trading and subcontracting relationships across the globe. To maintain the relevance of collective bargaining to the modern workplace, the interpretation of …
Immigrant Workers, Human Capital Investment And The Shape Of Immigration Reform, Audrey Singer
Immigrant Workers, Human Capital Investment And The Shape Of Immigration Reform, Audrey Singer
Brookings Scholar Lecture Series
President Obama's speech in Las Vegas last month kicked off Congressional debates on immigration policy. While border security and illegal immigration are still high profile and thorny issues, slow economic growth following the Great Recession has helped to shift the focus to how the United States can change policy to better suit economic needs. Where do immigrants fit into the labor force, how can they fit better, and what is the likely shape of future policy changes?
The Nlrb’S First Rulemaking: An Exercise In Pragmatism, Mark H. Grunewald
The Nlrb’S First Rulemaking: An Exercise In Pragmatism, Mark H. Grunewald
Mark H. Grunewald
No abstract provided.
The Supreme Labor Court In Nazi Germany: A Jurisprudential Analysis, Marc Linder
The Supreme Labor Court In Nazi Germany: A Jurisprudential Analysis, Marc Linder
Marc Linder
No abstract provided.
Enforcing European Corporate Commitments To Freedom Of Association By Legal And Industrial Action In The United States: Enforcement By Industrial Action, Lance A. Compa, Fred Feinstein
Enforcing European Corporate Commitments To Freedom Of Association By Legal And Industrial Action In The United States: Enforcement By Industrial Action, Lance A. Compa, Fred Feinstein
Lance A Compa
[Excerpt] We believe it is important to discuss industrial action as one way to enforce commitments to abide by international labor standards in part because of the challenges of "hard" law enforcement, not only in an international context but also in the enforcement of domestic labor policies. Because of the challenges presented by "hard" enforcement of labor policy in both the domestic and international context, it is important to examine the dynamics that initially motivate the adoption of IFAs and other commitments to abide by international labor standards as an important aspect of their enforcement. What unions and other advocates …
Labor Policy And The Great Recession: An Economist's Perspective, Elyce J. Rotella
Labor Policy And The Great Recession: An Economist's Perspective, Elyce J. Rotella
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.
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
Solomon And Strikes: Labor Activity, The Contract Doctrine Of Impossibility Or Impracticability Of Performance, And Federal Labor Policy, Daniel P. O'Gorman
Solomon And Strikes: Labor Activity, The Contract Doctrine Of Impossibility Or Impracticability Of Performance, And Federal Labor Policy, Daniel P. O'Gorman
Hofstra Labor & Employment Law Journal
No abstract provided.
From The Rat To The Mouse: How Secondary Picketing Laws May Apply In The Computer Age, Thomas Moyher, Robert T. Szyba
From The Rat To The Mouse: How Secondary Picketing Laws May Apply In The Computer Age, Thomas Moyher, Robert T. Szyba
Hofstra Labor & Employment Law Journal
No abstract provided.
Mother Jones Meets Gordon Gekko: The Complicated Relationship Between Labor And Private Equity, Matthew T. Bodie
Mother Jones Meets Gordon Gekko: The Complicated Relationship Between Labor And Private Equity, Matthew T. Bodie
University of Colorado Law Review
In 2007, private equity firms came under increasing scrutiny for the favorable tax treatment accorded to their fund managers' compensation. Labor, particularly the Service Workers International Union ("SEIU), was instrumental in bringing this issue to the attention of the media and the public. However, SEIU's private equity campaign is just one way in which the union is pursuing its primary concern: increasing the ranks of its members. This Article examines the role that the SEIU private equity campaign plays both in the overall debate about private equity taxation as well as in the union's negotiations with private equity firms. It …
Fragmenting Work And Fragmenting Organizations: The Contract Of Employment And The Scope Of Labour Regulation, Judy Fudge
Osgoode Hall Law Journal
This article diagnoses the conceptual and normative crisis of the scope of labour protection as resulting from the conception of employment as a personal and bilateral contract between an employee and a unitary employer that is characterized by the employee's subordination. It argues that the related fragmentation of organizations and fragmentation of work reveals the extent of the problem with this legal conceptualization of employment. The article offers an approach to reconceptualizing the scope of labour protection that is based on an understanding of personal work arrangements and enterprises as activities. It justifies this approach in terms of the goals …
Graduate Assistants At The Bargaining Table, But For How Long?, Stephen L. Ukeiley
Graduate Assistants At The Bargaining Table, But For How Long?, Stephen L. Ukeiley
Hofstra Labor & Employment Law Journal
No abstract provided.
The Graduate Assistant Labor Movement, Nyu And Its Aftermath: A Study Of The Attitudes Of Graduate Teaching And Research Assistants At Seven Universities, Gerilynn Falasco, William J. Jackson
The Graduate Assistant Labor Movement, Nyu And Its Aftermath: A Study Of The Attitudes Of Graduate Teaching And Research Assistants At Seven Universities, Gerilynn Falasco, William J. Jackson
Hofstra Labor & Employment Law Journal
No abstract provided.
The Nlrb’S First Rulemaking: An Exercise In Pragmatism, Mark H. Grunewald
The Nlrb’S First Rulemaking: An Exercise In Pragmatism, Mark H. Grunewald
Duke Law Journal
No abstract provided.
Should American Labor Law Be Applied To Small Business - Introduction, Henry H. Perritt Jr.
Should American Labor Law Be Applied To Small Business - Introduction, Henry H. Perritt Jr.
Villanova Law Review
No abstract provided.
The Deprivatization Of Employee Benefit And Labor Law: The Surprising Conservative Erosion Of Trusts And Of The Competitive Labor Model, Michael T. Leibig
The Deprivatization Of Employee Benefit And Labor Law: The Surprising Conservative Erosion Of Trusts And Of The Competitive Labor Model, Michael T. Leibig
Law and Contemporary Problems
No abstract provided.
Leedom V. Kyne And The Implementation Of A National Labor Policy, James F. Wyatt Iii
Leedom V. Kyne And The Implementation Of A National Labor Policy, James F. Wyatt Iii
Duke Law Journal
No abstract provided.
The Successor Employer's Obligation To Bargain: Current Problems In The Presumption Of A Union's Majority Status, Peter Blasier
The Successor Employer's Obligation To Bargain: Current Problems In The Presumption Of A Union's Majority Status, Peter Blasier
Fordham Urban Law Journal
This Note examines federal labor policy as it relates to successor employers' duty to negotiate with the labor union of the previous employer. Specifically, this Note analyzes the impact that the successor employers' right to refuse to negotiate if it has a "good faith doubt" that the union retains its majority status has on employee's freedom of choice. Finally, it examines national labor policy and concludes that the policy of the National Labor Relations Board unduly "sacrifices the determination of actual employee free choice."
Book Notes, Law Review Staff
Book Notes, Law Review Staff
Vanderbilt Law Review
Debtors in Court: The Consumption of Government Services
By Herbert Jacobs. Chicago: American Politics Research Series, Rand McNally & Co., 1969, Pp. xv, 244.
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The Infamous of Nuremberg
By Col. Burton C. Andrus
London: Leslie Frewin, 1969. Pp. 211. $4.00
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Labor and the Legal Process
By Harry H. Wellington
NewHaven: Yale University Press, 1968. Pp. viii, 409. $10.00.
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Obscenity and Public Morality
By Harry M. Clor
Chicago:University of Chicago Press, 1969. Pp. xii, 315. $9.50.
Employer's Statutory Duty To Bargain
Strikes, Picketing And The Constitution, Archibald Cox
Strikes, Picketing And The Constitution, Archibald Cox
Vanderbilt Law Review
The law's first response to organized labor activities was to attempt to define by judicial decision the ends for which employees might resort to economic weapons against an employer,' the weapons which they might use in pursuit of lawful objectives, and the occasions on which resort to economic weapons would be curtailed, as in the case of a nationwide railroad strike, because of the danger of a public catastrophe. The effort was unsuccessful. The judge-made law was neither a reflection of the enduring sentiment of the community nor a response to its needs. The subsequent reaction, which took its initial …