Labor and Employment Law Commons^™

Application Of A Constitutionally-Based Duty Of Fair Representation To Union Hiring Halls, Robert M. Bastress

West Virginia Law Review

No abstract provided.

Alternatives To The Right To Strike For Public Employees: Do They Adequately Implement Florida's Constitutional Right To Collectively Bargain?, Alaine S. Williams

Florida State University Law Review

No abstract provided.

Civil Rights - Employment Discrimination - Employer May Establish Voluntary Affirmative Action Program Within Area Of Discretion Granted By Title Vii, Penny Tannenbaum

Villanova Law Review (1956 - )

No abstract provided.

Moderator's Remarks, Institutional Due Process In The Twenty-First Century: The Future Of The Hearing Requirement, Harold H. Bruff

Publications

No abstract provided.

New York City Transit Authority V. Beazer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

National Labor Relations Board V. Catholic Bishop Of Chicago, Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.

Withdrawal Of Rights And Due Deference: The New Hands Off Policy In Correctional Litigation, Mark Berger

Faculty Works

No abstract provided.

Prohibiting Bnding Arbitration: The Proposed Change In Article I, Section 6, Terri Jo Kennedy

Florida State University Law Review

No abstract provided.

Recent Decisions Of The Supreme Court In Labor Law, David S. Bogen

Faculty Scholarship

No abstract provided.

Constitutional Limitations On Mandatory Teacher Retirement, Paula Shives Hoskins

Kentucky Law Journal

No abstract provided.

An Example Of Judicial Legislation: The Third Circuit's Expansion Of Exemption 6 Of The Freedom Of Information Act To Include Union Authorization Cards, Martin J. Sobol

Villanova Law Review (1956 - )

No abstract provided.

Federalism And Federal Regulation Of Public Employers: The Implications Of National League Of Cities V. Usery, W. Harding Drane

Cleveland State Law Review

The purpose of this Note is to examine the limits of the federal commerce power when applied to the states as states, using as a focal point, the controversies which have arisen in the application of the Fair Labor Standards Act of 1938 (FLSA).

National League Of Cities V. Usery: Its Implications For The Equal Pay Act And The Age Discrimination In Employment Act, Ellen B. Spellman

University of Michigan Journal of Law Reform

In National League of Cities v. Usery, the Supreme Court invalidated the application of the FLSA minimum wage and maximum hours provisions to certain essential state government activities as an unconstitutional intrusion on state sovereignty. This article will explore the implications of that decision with respect to the application of the EPA and the ADEA to state and local governments.

Part I contains a brief discussion of the Fair Labor Standards Act and Amendments. Part II discusses National League with reference to traditional commerce clause interpretation. Part III analyzes the difficulties of applying the decision, particularly the problem of …

Primary And Secondary Characteristics In Discrimination Cases, Richard Marshall Abrams

Villanova Law Review (1956 - )

No abstract provided.

Recent Cases, Laurence M. Hamric, William G. Scott, Mitchell M. Purvis, George M. Kryder, Iii, Richard M. Pitt

Vanderbilt Law Review

Laurence M. Hamric

The instant decision demonstrates the inability of the Court, on its own or with the meager guidance provided by Congress, to discern a clear standard by which to measure the propriety of union organizational activity in light of current federal labor and antitrust law. Faced with a fact pattern that did not embody an apparent anticompetitive intent, a classic conspiracy between labor and non-labor entities, or activity clearly unrelated to the legitimate union interest in achieving better wages and working conditions, the Court was forced to abandon the "clear showing" test of Pennington," the"intimately related" test of …

General Electric V. Gilbert, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Mathews V. Goldfarb, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

De Facto And De Jure Sex Discrimination Under The Equal Protection Clause: A Reconsideration Of The Veterans' Preference In Public Employment, Grace Blumberg

Buffalo Law Review

No abstract provided.

Recent Decisions, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.

Special Project, Kenneth Harmon, Barbara Moss, W. Patrick Mulloy, Ii, Robert H. Brownlee, Walter T. Eccard, Michael D. Kelly, Timothy C. Maguire, Richard M. Pitt, Stephen K. Rush, Robert D. Tuke, Richard C. Stark Special Project Editor

Vanderbilt Law Review

The One Hundred and First Justice: An Analysis of the Opinions of Justice John Paul Stevens, Sitting as Judge on the Seventh Circuit Court of Appeals

This article will examine the opinions written by Mr. Justice Stevens while he served on the Court of Appeals for the Seventh Circuit. The areas examined are constitutional, antitrust, labor, securities, federal tax, administrative, and federal jurisdictional law. This article also will seek to reach some conclusions on Stevens' position in the several areas while he served on the Seventh Circuit and to suggest the factors he may consider important in deciding cases in …

Admiralty, Edward P. Carey

Villanova Law Review (1956 - )

No abstract provided.

Preferential Remedies For Employment Discrimination, Harry T. Edwards, Barry L. Zaretsky

Michigan Law Review

A basic thesis of this article is that much of the current concern about alleged "reverse discrimination" in employment ignores the reality of the situation. In Part I it will be contended that although color blindness is a laudable long-run objective, it alone will not end discrimination; thus, it will be argued that some form of "color conscious" affirmative action must be employed in order to achieve equal employment opportunity for minorities and women. The most effective form of affirmative action is temporary preferential treatment, and it will be asserted in Part II that such relief can be justified under …

National League Of Cities V. Usery, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Constitutional Law - Religious Discrimination In Employment--Title Vii Of The Civil Rights Act Of 1964 And The Fcc Nondiscrimination Regulations--King's Garden, Inc. V. Fcc, R. Bruce Duffield

BYU Law Review

No abstract provided.

The Constitutionality Of Employment Restrictions On Resident Aliens In The United States, Susan Bass Levin

Buffalo Law Review

No abstract provided.

Constitutional Law, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Cleveland Board Of Education V. Lafleur, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Geduldig V. Aiello, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Merrill Lynch, Pierce, Fenner & Smith V. Ware, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Kewanee Oil Co. V. Bicron Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.