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Implied Rights Of Action, Tamar Frankel
Implied Rights Of Action, Tamar Frankel
Faculty Scholarship
In Transamerica Mortgage Advisors, Inc. (TAMA) v. Lewis,1 the United States Supreme Court declined to imply a private right of action for damages under the Investment Advisers Act of 1940.2 Transamerica is the most recent of a series of Supreme Court decisions limiting the availability and scope of implied private actions under the federal securities laws.3 It stands in sharp contrast to J.L Case Co. v. Borak,4 a 1964 decision in which the Court seemed to extend an open invitation to "private attorneys general" to supplement SEC enforcement with private damage actions.
The Court's withdrawal from …
Union Waiver Of Employee Rights Under The National Labor Relations Act, Michael C. Harper
Union Waiver Of Employee Rights Under The National Labor Relations Act, Michael C. Harper
Faculty Scholarship
The author formulates a principle, based on the Supreme Court decision in NLRB v. Magnavox, to distinguish which employee rights protected by section 7 may not be waived by unions in collective bargaining agreements. In this article, the non-waiver principle is applied to the right to strike. In the next issue, Professor Harper will address application of the principle to Board deferral to arbitration, drawing on former Board Chairman Murphy's swing vote opinion in General American Transportation Corp.
Union Waiver Of Nlra Rights: Part 2-- A Fresh Approach To Board Deferral To Arbitration, Michael C. Harper
Union Waiver Of Nlra Rights: Part 2-- A Fresh Approach To Board Deferral To Arbitration, Michael C. Harper
Faculty Scholarship
The author applies the non-waiverprinciple developed in Part I of this article to Board deferral to arbitration. Former Chairman Murphy's concurring opinion in General American Transportation Corp. is evaluated in light of the non- waiver princple. The author analyzes the issues not properly resolved in that opinion, while demonstrating its basic insight.
In Part 1 of this essay, I explored the implications of the Supreme Court's holding in NLRP v. Magnavox Co. that exclusive bargaining agents do not have the authority to waive certain rights protected by section 7 of the National Labor Relations Act. Drawing on Magnavox, …