Labor and Employment Law Commons^™

Private Military Contractor Liability And Accountability After Abu Ghraib, 38 J. Marshall L. Rev. 1237 (2005), Mark W. Bina

UIC Law Review

No abstract provided.

Remands In Trade Adjustment Assistance Cases, 39 J. Marshall L. Rev. 9 (2005), Munford Page Hall Ii

UIC Law Review

No abstract provided.

After 70 Years Of The Nlrb: Warm Congratulations -- And A Few Reservations, Theodore J. St. Antoine

Articles

The following essay is based on a talk the speaker was invited to deliver to the National Labor Relations Board on June 3 in Washington, D.C., on the occasion of the agency's 70th anniversary.

The Doctrine Of Judicial Deference And The Independence Of The Federal Mine Safety And Health Review Commission, R. Henry Moore

West Virginia Law Review

No abstract provided.

Expensing Isn't The Only Option: Alternatives To The Fasb's Stock Option Expensing Proposal, Benjamin A. Templin

ExpressO

This paper reviews the arguments for and against the Financial Accounting Standard Board's (FASB) proposal to require that corporations expense options. It identifies two major goals of the proposed rule -- 1) clarity in financial statements and 2) a reduction of corporate fraud by removing the incentive of options. To address these two goals, I adopt a framework of Information Reforms v. Rules of the Game Reforms. The article starts with a history of FASB Statement No. 123 Accounting for Stock-based Compensation and also analyzes the Congressional legislation that attempts to block the measure, the Stock Option Accounting Reform Act. …

Reasonable Accommodation Under The Ada: Are Employers Required To Participate In The Interactive Process? The Courts Say "Yes" But The Law Says "No", John R. Autry

Chicago-Kent Law Review

The Americans with Disabilities Act ("ADA") generally requires employers to "reasonably accommodate" a "qualified" employee's disability. Unfortunately, the ADA is silent as to the appropriate method for fashioning reasonable accommodations. The Equal Employment Opportunity Commission ("EEOC") issued regulations endorsing an "interactive process" by which an employer and its "qualified" disabled employee work together to devise the proper accommodation. However, the Supreme Court has yet to determine whether courts must defer to these regulations, leaving the circuit courts of appeals to issue differing opinions on whether the EEOC's interactive process is best characterized as a requirement or merely a suggestion.

Thus, …

The Paradox Of The Misuse Of Administrative Law In Erisa Benefit Claims, 37 J. Marshall L. Rev. 727 (2004), Mark D. Debofsky

UIC Law Review

No abstract provided.

Isolated And Politicized: The Nlrb's Uncertain Future The National Labor Relations Board In Comparative Context: Introduction, James J. Brudney

Faculty Scholarship

The National Labor Relations Board has managed to remain unusually detached or isolated in its decision-making even as it has come to operate in an openly partisan manner. There is a certain paradoxical quality to the coexistence of these two descriptors for Board conduct: isolation in agency performance ordinarily suggests a neutral separation from the political process whereas politicization implies a close connection to the elected branches. The explanation for this odd pairing involves a number of factors: some reflect political realities beyond the agency's ability to control, others relate to the structure of the NLRA, and still others are …

Back To Basics: A Call To Reevalute The Unemployment Insurance Disqualification For Misconduct, 37 J. Marshall L. Rev. 27 (2003), Lisa Lawler Graditor

UIC Law Review

No abstract provided.

After "Hiding The Ball" Is Over: How The Nlrb Must Change Its Approach To Decision-Making, Michael Hayes

All Faculty Scholarship

Is the National Labor Relations Board (the NLRB or the Board), the agency that oversees federal labor law, still relevant? When this question is considered, as it frequently is by scholars, lawyers and officials of the NLRB itself, the focus typically is on whether changes in the workplace, the economy and society are diminishing the relevance of the Board. But there is a new and more immediate threat to the relevance of the Board that so far has been mostly ignored - that the Board is in danger of being rendered a superfluous legal institution in the scheme of American …

Petition For A Writ Of Certiorari, Minority Media And Telecommunications Council V. Md/Dc/De Broadcasters Ass'n, No. 01-639 (U.S. Oct. 17, 2001), Angela J. Campbell, Amy S. Wolverton

U.S. Supreme Court Briefs

No abstract provided.

Stock Market Volatility And 401 (K) Plans, Colleen E. Medill

University of Michigan Journal of Law Reform

Many workers today depend on their 401(k) plan to provide them with an adequate income during retirement. For these workers to achieve retirement income security, their 401(k) plan investments must perform well over their working lifetime. Employers' selection of investment options for the 401(k) plan, a fiduciary duty under the Employee Retirement Income Security Act of 1974 (ERISA), plays a critical role in determining investment performance. In this Article, Professor Medill uses a series of hypothetical litigation scenarios to illustrate how interpretation of the employer's duty of prudence and duty of loyalty under ERISA present different policy choices for the …

Global Governance, Legal Pluralism And The Decentered State: A Labor Law Critique Of Codes Of Corporate Conduct, Adelle Blackett

Indiana Journal of Global Legal Studies

No abstract provided.

To Allow To Sue, Or Not To Allow To Sue: Zimmerman V. Oregon Department Of Justice Decides Title Ii Of The Americans With Disabilities Act Does Not Apply To Employment Discrimination, Cabrelle Abel

Seattle University Law Review

The article analyzes Title II and explains why, in the interests of judicial economy, the Zimmerman court correctly held that Title II does not apply to employment discrimination. First, the article discusses the particular wording of the ADA, specifically comparing the language of Title I to the language of Title II. Next, the article briefly considers the Rehabilitation Act of 1973, because Title II should be interpreted consistently with that Act. Then, using the analysis announced by the Supreme Court in Chevron v. Natural Resources Defense Council, Inc. the article examines the Title II regulations promulgated by the Department of …

Deference And Disability Discrimination, Rebecca Hanner White

Michigan Law Review

For thirty-five years, the civil rights community has paid scant attention to administrative law principles. Those interested in advancing on-the-job equality for this country's working men and women (or in preserving employer autonomy vis-a-vis federal encroachment) have all but ignored what many consider the arcane technicalities of administrative law. This state of affairs is strange when one considers that administration and enforcement of each of our major federal laws outlawing employment discrimination have been confided to an administrative agency, the Equal Employment Opportunity Commission ("EEOC"). The EEOC, however, has historically been given short shrift by litigants and by the judiciary. …

Battle On The Benches: The Wagner Act And The Federal Circuit Courts Of Appeals, 1935-1942, Douglas J. Feeney-Gallagher

Seattle University Law Review

This paper examines the efforts of some circuit court judges to preserve the integrity of the judicial branch against the encroaching power of the New Deal administrative agencies, especially as represented by the National Labord Relations Board (NLRB). This paper offers a historical overview of the relationship between two circuits and the NLRB; one circuit welcomed the Board's aggressive enforcement of the Act, while the other expressed hostility towards the labor agency's powers and interpretation of the Wagner Act. An examination of the NLRB opinions in these two circuits illustrates the opposing judicial attitudes toward the new turn in labor …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Confusion Reigns Supreme: The United States Supreme Court's Refusal To Grant Certiorari In L.R. Willson And Sons, Inc. V. Oshrc Perpetuates The Split Among Circuits In Osha Employee Misconduct Cases, Heather Malone Garrison

West Virginia Law Review

No abstract provided.

The Evolving Duties Of Trade Unions Toward Their Members: Defining The Duties And Determining The Standards, B. Richard Bell

LLM Theses

This thesis examines the continuing development of a union's duty to fairly represent its members, the duty owed by a union to its members based upon negligence principles and the recent development of the duty to accommodate in the field of human rights legislation. As the federal government and seven of the ten Canadian provinces moved to codify the union duty of fair representation the lower courts saw a continuing need for judicial supervision in the area of intra-union conflict. However, the Supreme Court of Canada appears to have willingly accepted ouster of the courts' inherent jurisdiction in favour of …

House Rules: Is A Supermajority Requirement For Tax Hikes Constitutional?, John O. Mcginnis, Michael B. Rappaport, Susan Low Bloch

Articles

No abstract provided.

Advanced Workers' Compensation In Oregon, Oregon Law Institute, Douglas A. Swanson, Krishna Balasubramani, Jodie A. Phillips, Robert A. Davis, Honna P. Garaventa, John M. Howell, Darren L. Otto, Kathryn A. Poland, Susan Dobrof, Thomas P. Busch, Barbara A. Brainard, Lesley K. Bonney

Oregon Law Institute, 1996

Course Materials from the November 1, 1996 Program in Portland

1996 Employment Law Update, Oregon Law Institute, Marcia Ohlemiller, Joseph Wetzel, Helen Russon, Eileen Drake, Jeffrey M. Batchelor, Richard F. Liebman, Martha L. Walters, Bradley F. Tellam

Oregon Law Institute, 1996

Course Materials from the October 18, 1996 Program in Portland

Grasping The Intangible: A Guide To Assessing Nonpecuniary Damages In The Eeoc Administrative Process , Douglas M. Staudmeister

American University Law Review

No abstract provided.

The Allocation Of Authority Under The Mine Act: Is The Authority To Decide Questions Of Policy Vested In The Secretary Of Labor Or In The Review Commission, W. Christian Schumann

West Virginia Law Review

No abstract provided.

Essay: Torquemada And Unemployment Compensation Appeals, William W. Milligan

University of Michigan Journal of Law Reform

The premise of this Essay is that unemployment compensation appeals hearings take the form of inquests rather than follow the traditional adversarial model. Given this, the hearing officer carries a special burden of ensuring that due process is afforded. State review systems should structure the process so that the difference, along with the unique burden, is made explicit.

Due Process Implications Of Telephone Hearings: The Case For An Individualized Approach To Scheduling Telephone Hearings, Allan A. Toubman, Tim Mcardle, Linda Rogers-Tomer

University of Michigan Journal of Law Reform

As the executive branch shrinks and reduces expenditures, its adjudicative functions adjust to the new fiscal reality. Telephone hearings are, therefore, increasingly being used in order to control costs. This Article examines the impact of telephone hearings on the due process elements of unemployment compensation 'fair" hearings. The Authors review the applicable federal and state law and find that there is no absolute bar to using the telephone to conduct administrative hearings. They test the empirical effect of the telephone on hearings in California and Maine. Their analysis of hundreds of hearings indicates that parties to telephone hearings are less …

Representation Of Claimants At Unemployment Compensation Proceedings: Identifying Models And Proposed Solutions, Maurice Emsellem, Monica Halas

University of Michigan Journal of Law Reform

Emsellem and Halas posit that claimants need representation at unemployment compensation proceedings. Evaluating statistical and survey data, the authors find that representation significantly improves a claimant's chance of receiving unemployment compensation. Improved recovery rates, they argue, benefit not only claimants but also society. The authors analyze the factors inducing employer appeals of compensation awards. They also review the systemic issues that accompany the provision of representation to those unable to afford it or to those unfamiliar with the unemployment compensation process. Finally, the authors present models of expanding claimant representation.

New Public Law Legislation, Oregon Law Institute, Paul Snider, Karen M. Vickers, Lynn Rosik, Marianna Kanwit, Maria Keltner

Oregon Law Institute, 1995

Course Materials from the September 15, 1995 Program in Portland

Administrative And Private Searches For Smoking Articles Conducted Pursuant To The Federal Mine Safety And Health Act: Constitutional Considerations, David J. Hardy, Maris E. Mccambley

West Virginia Law Review

No abstract provided.

On Resegregating The Worlds Of Statute And Common Law, Peter L. Strauss

Faculty Scholarship

In the early afternoon of a humid, 97 degree summer day, James Gottshall was part of a crew of mostly 50- to 60-year-old men replacing track for Conrail. Michael Norvick, the crew supervisor, pressed the men to finish the work. He discouraged observance of the scheduled breaks. Richard Johns collapsed in the heat; Norvick ordered the men back to work as soon as a cold compress had revived him. Five minutes later Johns collapsed again, the victim of a heart attack. Gottshall began 40 minutes of ultimately fruitless cardiopulmonary resuscitation on Johns, his friend for 15 years. Norvick was unable …