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Full-Text Articles in Law

When Does The National Labor Relations Act Preempt A State Tort Claim For Property Damage Arising From Workers’ Alleged Failure To Take Precautions To Protect Employer Property Before Going On Strike?, Anne Marie Lofaso Jan 2023

When Does The National Labor Relations Act Preempt A State Tort Claim For Property Damage Arising From Workers’ Alleged Failure To Take Precautions To Protect Employer Property Before Going On Strike?, Anne Marie Lofaso

Law Faculty Scholarship

Glacier Northwest’s unionized ready-mix concrete truck drivers went on strike after the parties had reached an impasse and their collective bargaining agreement had expired. Several strikers returned their trucks fully loaded, rendering the concrete useless, although the trucks were not damaged. This case presents a question whether the drivers’ strike, which is regulated by federal law, subjects their union to a state law tort claim for damage to the concrete.


Is A Locomotive In Use And Therefore Subject To Locomotive Inspection Act Liability When It Makes A Temporary Stop?, Anne Marie Lofaso Mar 2022

Is A Locomotive In Use And Therefore Subject To Locomotive Inspection Act Liability When It Makes A Temporary Stop?, Anne Marie Lofaso

Law Faculty Scholarship

Case at a Glance: LeDure v. Union Pacific Railroad Company. Bradley LeDure, a long-time locomotive engineer for Union Pacific, slipped on the slick surface of a locomotive while it was idle but powered on, seriously injuring himself. If Union Pacific violated safety regulations under the Locomotive Inspection Act, then it would be negligent per se. But that theory of liability is only available if the locomotive was in use at the time of the accident. The case presents a question of statutory interpretation of the term use.


The Travel Ban At The Supreme Court: Deference Seems To Prevail, Peter Margulies Apr 2018

The Travel Ban At The Supreme Court: Deference Seems To Prevail, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Travel Ban Update: Ninth Circuit Holds Eo-3 Exceeds President’S Power, Peter Margulies Dec 2017

Travel Ban Update: Ninth Circuit Holds Eo-3 Exceeds President’S Power, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Fourth Circuit Travel Ban Argument: Framing The Challengers’ Case For The Supreme Court, Peter Margulies Dec 2017

The Fourth Circuit Travel Ban Argument: Framing The Challengers’ Case For The Supreme Court, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Travel Ban Update: Without Addressing The Merits, The Supreme Court Stays Injunction Pending Further Proceedings, Peter Margulies Dec 2017

Travel Ban Update: Without Addressing The Merits, The Supreme Court Stays Injunction Pending Further Proceedings, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Executive Power And The Scotus Argument On President Obama’S Immigration Plan, Peter Margulies Apr 2016

Executive Power And The Scotus Argument On President Obama’S Immigration Plan, Peter Margulies

Law Faculty Scholarship

No abstract provided.