Labor and Employment Law Commons^™

Employer And Consultant Reporting Under The Lmrda, J. Ralph Beaird

Scholarly Works

In light of the criticisms of the House and recent constitutional objections, this article reevaluates the viability of the employer and consultant reporting provisions of the Labor Management Reporting and Disclosure Act (LMRDA). Section I discusses the legislative history and purpose of the LMRDA's reporting provisions. Section II examines the courts' treatment of the provisions when attacked on constitutional and statutory grounds.

The Bankruptcy Dynamics Of Collective Bargaining Agreements, 19 J. Marshall L. Rev. 301 (1986), Richard L. Merrick

UIC Law Review

No abstract provided.

Boycott, Theodore J. St. Antoine

Book Chapters

A boycott is a group refusal to deal. Such concerted action is an effective way for society’s less powerful members,such as unorganized workers or racial minorities, to seek fair treatment in employment, public accommodations,and public services. But as the Supreme Court recognized in Eastern States Retail Lumber Dealers’ Association v.United States (1914): ‘‘An act harmless when done by one may become a public wrong when done by many acting in concert, for it then takes on the form of a conspiracy.’’

Picketing, Theodore J. St. Antoine

Book Chapters

Picketing typically consists of one or more persons patrolling or stationed at a particular site, carrying or wearing large signs with a clearly visible message addressed to individuals or groups approaching the site. Some form of confrontation between the pickets and their intended addressees appears an essential ingredient of picketing. Congress and the National Labor Relations Board have distinguished between picketing and handbilling, however, and merely passing out leaflets without carrying a placard does not usually constitute picketing. What stamps picketing as different from more conventional forms of communication, for constitutional and other legal purposes, ordinarily seems to be the …

Wygant V. Jackson Board Of Education, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Teaching Human Rights Law, Howard R. Berman

Journal of Legal Education

No abstract provided.

The Validity Of Court-Ordered Employment Quotas: A Statutory And Constitutional Analysis, Paul E. Mirengoff

University of Richmond Law Review

Although Title VII of the Civil Rights Act of 1964 has produced more than its share of difficult legal and moral issues, none has sparked more controversy than the question of the validity of hiring and promotion quotas. This issue has fueled continuous debate in the popular press and in scholarly journals. It has long divided former allies in the fight for civil rights legislation, and has even divided the two government agencies charged with primary responsibility for enforcing anti-discrimination laws, the Department of Justice and the Equal Employment Opportunity Commission (EEOC).

Constitutional Law—Tenth Amendment Challenges To Federal Laws, Promulgated Under The Commerce Power, Which Regulate States, Gail Ponder

University of Arkansas at Little Rock Law Review

No abstract provided.

Director, Office Of Workers' Compensation Programs V. Perini North River Associates: Judicial Dilution Of The Longshoremen's And Harbor Workers' Compensation Act's 'Status' Requirement, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

In Director, Office of Workers' Compensation Programs v. Perini North River Associates, the Supreme Court effectively deleted from the LHWCA the section 2(3) "status" requirement as it pertains to workers injured on actual navigable waters of the United States. The Court's generous view of the 1972 amendments will clearly result in more workers being able to recover benefits under the Act. At the same time, however, the Court's means of expanding the Act without relying on clear congressional intent disturbs traditional notions of judicial review and implies an attempt at judicial legislation.

Although the Court noted that it intended to …

Comments On Judicial Nullification Of Jury Awards In Public Official And Public Figure Libel Suits, William P. Murphy

West Virginia Law Review

No abstract provided.

Federal Statutes - Preemption - National Labor Relations Act And Employee Retirement Income Security Act Preempt State-Imposed Eligibility Requirements For Union Officials Representing Casino Employees, Andrew Bramnick

Villanova Law Review (1956 - )

No abstract provided.

Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt

Law Faculty Scholarly Articles

Since the adoption of Title VII of the Civil Rights Act of 1964, courts have been called upon to determine whether an employer can avoid liability for refusing to hire employees of one sex by invoking the privacy rights of its customers. Two recent court decisions are illustrative of the question and its resolution. In Backus v. Baptist Medical Center, the defendant employer's policy of excluding male nurses from the labor and delivery section of its obstetrics and gynecology department was challenged. The defendant established that most of the duties of a labor and delivery nurse involve exposure to …

Are Residential Quotas Constitutional?, Neal Devins

Faculty Publications

No abstract provided.

Roberts V. United States Jaycees, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Grove City College V. Bell, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

University Faculty Members' Right To Dissent: Toward A Unified Theory Of Contractual And Constitutional Protection, (With R. Ladenson), Martin H. Malin

All Faculty Scholarship

No abstract provided.

And The Whole Earth Was One Of Language - A Broad View Of Dispute Resolution, Henry H. Perritt Jr.

Villanova Law Review (1956 - )

No abstract provided.

The Creeping Eruption Of Mt. Healthy, Morell E. Mullins Sr.

Law Faculty Scholarship

No abstract provided.

Legal Research In The Federal Republic Of Germany: A Concise Presentation Of Basic Publications, Ralph Lansky

Vanderbilt Journal of Transnational Law

This Article provides information about legal literature and research in the Federal Republic of Germany. Twenty-four basic works are reviewed, including a dozen important law books and legal periodicals and a dozen legal bibliographies that help to locate additional legal information. In addition, a few other publications are briefly discussed. This Article addresses the use of selective legal materials and as a result is very basic. Its objective is to introduce the novice to German legal literature.

Most of the books concern the law of the Federal Republic of Germany. A few that are published in that country cover comparative …

Editor's Preface, Jeffrey A. Markowitz

Villanova Law Review (1956 - )

No abstract provided.

Mandatory Retirement And The Constitution: Challenging The Factual Basis Underlying Legislative Classifications, Vernon Townes Grizzard

Florida State University Law Review

No abstract provided.

Evaluation Of An Employment Discrimination Case: The Plaintiff's Perspective, 15 J. Marshall L. Rev. 621 (1982), Lynn D. Feiger, Leslie M. Lawson

UIC Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1981

West Virginia Law Review

No abstract provided.

Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk

Articles

Workmen's compensation awards, decrees of administrative tribunals rather than courts, present the question of how far the mandate of the full faith and credit clause should reach and whether the clause should bar a claimant from pursuing supplemental compensation in a second state. Recently, in Thomas v. Washington Gas Light Co., the Supreme Court decided that full faith and credit should not prevent a claimant from obtaining supplemental compensation. Professor Sterk criticizes the Court's analysis, demonstrating the Thomas Court's neglect of the federal interests that the clause should protect. After examining the clause and its policy underpinnings, Professor Sterk …

Picketing At The Secondary: Retail Store And The Right To Publicize, Edward N. Rogalin

Buffalo Law Review

No abstract provided.

Survey Of Developments In The Fourth Circuit: 1980

West Virginia Law Review

No abstract provided.

Constitutional Law - State Sovereignty - Federal Railway Labor Act Impermissibly Interferes With Integral State Governmental Function In Providing Intrastate Commuter Rail Transportation, Stuart K. Fleischmann

Villanova Law Review (1956 - )

No abstract provided.

Labor Law - Secondary Picketing - Buy Local Campaign At A Netural Business Violates Section 8(B)(4) Of The National Labor Relations Act, W. James Mckay

Villanova Law Review (1956 - )

No abstract provided.

Federalism As A Fundamental Value: National League Of Cities In Perspective, Robert F. Nagel

Publications

No abstract provided.

United States Railroad Retirement Board V. Fritz, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.