Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (185)
- University of Michigan Law School (71)
- Notre Dame Law School (27)
- UIC School of Law (20)
- Touro University Jacob D. Fuchsberg Law Center (15)
-
- Maurer School of Law: Indiana University (10)
- University of Colorado Law School (9)
- University of Richmond (9)
- Yeshiva University, Cardozo School of Law (9)
- Pepperdine University (6)
- Roger Williams University (6)
- University of Georgia School of Law (6)
- Brooklyn Law School (5)
- BLR (4)
- Northwestern Pritzker School of Law (4)
- University of Baltimore Law (4)
- Washington and Lee University School of Law (4)
- American University Washington College of Law (3)
- Boston University School of Law (3)
- Brigham Young University Law School (3)
- Columbia Law School (3)
- New York Law School (3)
- Saint Louis University School of Law (3)
- University at Buffalo School of Law (3)
- University of the District of Columbia School of Law (3)
- Villanova University Charles Widger School of Law (3)
- Cleveland State University (2)
- Cornell University Law School (2)
- Fordham Law School (2)
- Mississippi Christian University School of Law (2)
- Keyword
-
- United States Supreme Court (22)
- Courts (21)
- Employers (21)
- Employment discrimination (19)
- Employees (17)
-
- Arbitration (16)
- Discrimination (14)
- Labor unions (14)
- Employment contracts (13)
- Law (13)
- National Labor Relations Board (13)
- Supreme Court (13)
- Collective bargaining (12)
- Employment law (12)
- Constitution (11)
- Labor (11)
- National Labor Relations Act (11)
- Organized labor (11)
- Federal courts (10)
- Judges (9)
- Jurisdiction (8)
- Jurisprudence (8)
- Labor disputes (8)
- Legislation (8)
- Race (8)
- Title VII (8)
- Constitutional Law (7)
- Contracts (7)
- Diversity (7)
- Employment (7)
- Publication Year
- Publication
-
- Seattle University Law Review (185)
- Michigan Law Review (36)
- Journal Articles (27)
- Articles (25)
- UIC Law Review (20)
-
- Touro Law Review (14)
- Publications (9)
- Articles by Maurer Faculty (8)
- Faculty Scholarship (8)
- University of Richmond Law Review (8)
- All Faculty Scholarship (7)
- Cardozo Law Review (5)
- Georgia Journal of International & Comparative Law (5)
- Michigan Journal of Gender & Law (5)
- University of Michigan Journal of Law Reform (5)
- ExpressO (4)
- Northwestern University Law Review (4)
- American University Law Review (3)
- Pepperdine Law Review (3)
- Scholarly Works (3)
- Antioch Law Journal (2)
- BYU Law Review (2)
- Brooklyn Journal of Corporate, Financial & Commercial Law (2)
- Buffalo Law Review (2)
- Catholic University Law Review (2)
- Fordham Law Review (2)
- Indiana Law Journal (2)
- Law Faculty Scholarship (2)
- Life of the Law School (1993- ) (2)
- MC Law Review (2)
- Publication Type
Articles 391 - 420 of 469
Full-Text Articles in Labor and Employment Law
Free Speech And Compulsory Union Fees: An Analysis Of Lehnert V. Ferris Faculty Association, Barbara J. Fick
Free Speech And Compulsory Union Fees: An Analysis Of Lehnert V. Ferris Faculty Association, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case Lehnert v. Ferris Faculty Ass'n, 500 U.S. 507 (1991). The author expected the case to address the line between those types of activities that effectuate a union's duties as collective bargaining representative, and thus can be charged to non-members, and those activities that are not related to collective bargaining and therefore are not chargeable to objecting non-members.
Future Disabilities Under New York’S Human Rights Law, Andrea Lisa Leeb
Future Disabilities Under New York’S Human Rights Law, Andrea Lisa Leeb
Cardozo Law Review
No abstract provided.
Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick
Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case University of Pennsylvania v. EEOC, 493 U.S. 192 (1990). The author expected the Court to decide whether the EEOC may subpeopna peer review documents submitted to a university tenure committee when investigating charges that the committee engaged in impermissible discrimination when denying tenure to an associate professor.
Commentary On 'Multiemployer Bargaining Rules': The Limitations Of A Strictly Economic Analysis, Theodore J. St. Antoine
Commentary On 'Multiemployer Bargaining Rules': The Limitations Of A Strictly Economic Analysis, Theodore J. St. Antoine
Articles
Labor law bulks large on the docket of the United States Supreme Court. Yet never would I have included Charles D. Bonanno Linen Service, Inc. v. NLRB, dealing with the seemingly mundane issue of an employer's right to withdraw from multiemployer bargaining, in the select company of cases addressing such pulse-quickening subjects as affirmative action, picketing as free speech, and union antitrust liability. Professor Douglas Leslie's elegant and provocative article shows just how wrong I was--or at least just how far imaginative analysis can go toward seeing a world in a grain of sand. I lay no claim to expertise …
At-Will Employment: An Overview, Theodore J. St. Antoine
At-Will Employment: An Overview, Theodore J. St. Antoine
Articles
The most dramatic development of the last decade has been the rapid judicial expansion of modifications in at-will employment doctrine.
Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy
Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy
Cardozo Law Review
No abstract provided.
Johnson V. Transportation Agency: The United States Supreme Court Weighs Statistical Imbalance In Favor Of Affirmative Action, 21 J. Marshall L. Rev. 593 (1988), Denise C. Hockley-Cann
Johnson V. Transportation Agency: The United States Supreme Court Weighs Statistical Imbalance In Favor Of Affirmative Action, 21 J. Marshall L. Rev. 593 (1988), Denise C. Hockley-Cann
UIC Law Review
No abstract provided.
Judicial Enforcement Of Nlrb Bargaining Orders: What Influences The Courts?, Terry A. Bethel, Catherine A. Melfi
Judicial Enforcement Of Nlrb Bargaining Orders: What Influences The Courts?, Terry A. Bethel, Catherine A. Melfi
Articles by Maurer Faculty
No abstract provided.
A Seed Germinates: Unjust Discharge Reform Heads Toward Full Flower, Theodore J. St. Antoine
A Seed Germinates: Unjust Discharge Reform Heads Toward Full Flower, Theodore J. St. Antoine
Articles
In this paper, I shall briefly review the nature and limitations of the theories most frequently invoked by the courts in dealing with wrongful dismissal. I shall then examine the major arguments for and against a general overhaul of the doctrine of employment at will. Lastly, I shall discuss some of the particular questions that will have to be addressed in fashioning a statutory solution.
Of Time Limits, Worksharing And Deferral: An Analysis Of Eeoc V. Commercial Office Products Co., Barbara J. Fick
Of Time Limits, Worksharing And Deferral: An Analysis Of Eeoc V. Commercial Office Products Co., Barbara J. Fick
Journal Articles
This article previews the Supreme Court case EEOC v. Commercial Office Products Co., 486 U.S. 107 (1988). The author expected the Court to address the following issue: When a state civil rights agency decides to defer processing an employment discrimination charge to the EEOC, has the agency "terminated" its proceedings so that the charge will be deemed filed with the EEOC for purposes of calculating the statute of limitations?
Reckless Endangerment Of An Employee: A Proposal In The Wake Of Film Recovery Systems To Make The Boss Responsible For His Crimes, Anne D. Samuels
Reckless Endangerment Of An Employee: A Proposal In The Wake Of Film Recovery Systems To Make The Boss Responsible For His Crimes, Anne D. Samuels
University of Michigan Journal of Law Reform
This Note argues that the traditional regulatory, civil, and criminal mechanisms are both ineffective and inappropriate to deter or punish corporate decisionmakers for decisions that pose risks to the safety or health of employees in the workplace. The Note proposes a new criminal offense to prevent and punish culpable corporate decisionmaking that results in employee deaths or injuries. Part I explains the novel application of the traditional murder offense in Film Recovery Systems and demonstrates that the case fails to lay the foundation for a standardized response to employee endangerment. Part II analyzes the traditional responses of the regulatory and …
Remedies For Wage Discrimination, Ruth Gerber Blumrosen
Remedies For Wage Discrimination, Ruth Gerber Blumrosen
University of Michigan Journal of Law Reform
The thesis of this Article is that wage discrimination can be remedied by the federal courts through a process that is both practical and efficient. This can be done, without turning the federal courts into wage control agencies or bankrupting the nation's employers, by treating the problem of wage discrimination in precisely the same manner as other forms of discrimination are treated. Our experience with different types of wage discrimination now permits us to generalize about the types of remedies that are appropriate to correct those typical forms of wage discrimination that have now been fully identified.
Nuclear Whistleblower Protection And The Scope Of Protected Activity Under Section 210 Of The Energy Reorganization Act, Stephen M. Kohn, Thomas Carpenter
Nuclear Whistleblower Protection And The Scope Of Protected Activity Under Section 210 Of The Energy Reorganization Act, Stephen M. Kohn, Thomas Carpenter
Antioch Law Journal
In 1978 Congress amended the Energy Reorganization Act in order to protect whistleblowers - employees who disclose potential violations of nuclear health and safety laws - from retaliation by their employers. 1 Since passage of the nuclear whistleblower protection amendment, the circuit courts of appeals are divided over the issue of what constitutes protected activity.The U.S. Court of Appeals for the Fifth Circuit held in 1984 that an employee must contact a "competent organ of government" to be protected. 2 The U.S. Courts of Appeals for the Ninth and Tenth Circuits have disagreed, and have held that employees who disclose …
Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine
Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine
Articles
Bernard Meltzer has testified under oath that he "rarely take[s] absolute positions." The record bears him out. While his colleagues among labor law scholars often strain to demonstrate that the labor relations statutes and even the Constitution support their hearts' desires, the typical Meltzer stance is one of cool detachment, pragmatic assessment, and cautious, balanced judgment. The "itch to do good," Meltzer has remarked wryly, "is a doubtful basis for jurisdiction" -or, he would likely add, for any other legal conclusion. In this brief commentary I propose to examine the Meltzer approach to four broad areas of labor law: (1) …
Recent Labor Law Decisions Of The Supreme Court, Terry A. Bethel
Recent Labor Law Decisions Of The Supreme Court, Terry A. Bethel
Articles by Maurer Faculty
This Article highlights the more notable labor and employment law decisions by the Supreme Court since the beginning of 1984.' Although the Court worked no major changes,2 it has been "tinkering and tailoring,"3 deferring to administrative interpretation or refining its own analysis from previous opinions. Even so, the Court has acted in important areas, and its decisions raise significant questions.
Labor Law Preemption: Procedure And Substance: An Analysis Of International Longshoremen's Association V. Davis, Barbara J. Fick
Labor Law Preemption: Procedure And Substance: An Analysis Of International Longshoremen's Association V. Davis, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case Int'l Longshoremen's Ass'n v. Davis, 476 U.S. 380 (1986). The author expected the Court to address 2 issues: (1) at what point in a case must the issue of federal preemption be raised?; and (2) to what extent is state law preempted by federal labor law?
New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember
New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember
Touro Law Review
No abstract provided.
A Proposal For Extension Of The Occupational Safety And Health Act To Indian-Owned Businesses On Reservations, Maureen M. Crough
A Proposal For Extension Of The Occupational Safety And Health Act To Indian-Owned Businesses On Reservations, Maureen M. Crough
University of Michigan Journal of Law Reform
This Note argues that the Act does not apply to Indian businesses because it does not specifically mention them. While sensitive to the desirability of providing certain kinds of federal protections to all Americans, this Note takes the position that the sovereignty of Indian tribes should not be abrogable except by considered and express congressional action. Concluding nonetheless that the workplace protection the Occupational Safety and Health Act provides should be extended to Indians on reservations, the Note proposes amendment of the Act: to extend its protection; to permit tribal enforcement; and to authorize the federal government to help financially …
The Circle Of Boys Market: A Comment On Judicial Inventiveness, James B. Atleson
The Circle Of Boys Market: A Comment On Judicial Inventiveness, James B. Atleson
Journal Articles
No abstract provided.
The Revision Of Employment-At-Will Enters A New Phase, Theodore J. St. Antoine
The Revision Of Employment-At-Will Enters A New Phase, Theodore J. St. Antoine
Articles
The most significant development in the whole field of labor law during the past decade was the growing willingness of the courts to modify the traditional doctrine of employment-at-will. Applying either tort or contract theory, or both, judges in some thirty jurisdictions declared their readiness to blunt the worst rigors of the rule that an employment contract of indefinite duration can be terminated by either party at any time for any reason. These dramatic breakthroughs evoked almost universal acclaim from disinterested commentators, primarily on the grounds of simple justice. Now we may be entering a new phase of consolidation, refinement, …
Strikebreakers, The Supreme Court, And Belknap, Inc. V. Hale: The Continuing Erosion Of Federal Labor Preemption, Kevin J. Fay
Strikebreakers, The Supreme Court, And Belknap, Inc. V. Hale: The Continuing Erosion Of Federal Labor Preemption, Kevin J. Fay
Buffalo Law Review
No abstract provided.
Legal Barriers To Worker Participation In Management Decision Making, Theodore J. St. Antoine
Legal Barriers To Worker Participation In Management Decision Making, Theodore J. St. Antoine
Articles
Collective bargaining lies at the heart of the union-management relationship. It is the end and purpose of the whole effort to protect employees against reprisals when they form an organization to represent them in dealing with their employers. Collective bargaining is grounded in the belief that industrial strife will be checked, and the workers' lot bettered, if workers are given an effective voice in determining the conditions of their employment. My thesis is that federal law, even while placing the force of government behind collective bargaining, has so artificially confined its scope that the process has been seriously impeded from …
Can Mother Vote In The Union Election? The Board's Authority To Define The Appropriate Bargaining Unit: An Analysis Of Nlrb V. Action Automotive, Inc., Barbara J. Fick
Can Mother Vote In The Union Election? The Board's Authority To Define The Appropriate Bargaining Unit: An Analysis Of Nlrb V. Action Automotive, Inc., Barbara J. Fick
Journal Articles
This article previews the Supreme Court case NLRB v. Action Automotive, Inc., 469 U.S. 490 (1985). The author expected the Court to address whether the NLRB can exclude from the bargaining unit an employee-relative of the owners/managers of a closely held corporation when that employee does not enjoy any special work benefits because of that relationship.
Labor Racketeering And Labor Law: State Regulation V. Federal Rights: An Analysis Of Brown V. Hotel And Restaurant Employees Union Local 54, Barbara J. Fick
Labor Racketeering And Labor Law: State Regulation V. Federal Rights: An Analysis Of Brown V. Hotel And Restaurant Employees Union Local 54, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case Brown v. Hotel and Restaurant Employees, 468 U.S. 491 (1984). The author expected the Court to decide which interest prevails where there is a conflict between New Jersey's regulation of labor unions in order to reduce the influence of organized crime in the labor sector and federally granted rights to organize and bargain collectively.
Notice To Class Members Under The Fair Labor Standards Act Representative Action Provision, Thomas Ashby
Notice To Class Members Under The Fair Labor Standards Act Representative Action Provision, Thomas Ashby
University of Michigan Journal of Law Reform
Federal courts currently apply different standards concerning the permissibility of notice. Although the Ninth Circuit forbids notice and the Seventh Circuit grants plaintiffs a right to send notice, the Second Circuit permits notice only in appropriate cases. This Note advocates that plaintiffs in FLSA and ADEA actions should be allowed to notify potential class members in appropriate cases. Part I analyzes inherent court powers, statutes, legislative history, and federal policies relating to notice. It concludes that enactment of FLSA and ADEA remedies did not alter the inherent power of federal courts to permit or prohibit notice. On the contrary, only …
The Propriety Of Section 10(J) Bargaining Orders In Gissel Situations, Michigan Law Review
The Propriety Of Section 10(J) Bargaining Orders In Gissel Situations, Michigan Law Review
Michigan Law Review
The courts have split on the question of whether a bargaining order constitutes ''just and proper" relief under section 10(j). This Note contends that such an order is always just in a Gissel situation but that a district court may properly issue one only in situations where the Board's prior decisions clearly establish the relevant labor policy and indicate a high probability that the Board will eventually issue a Gissel bargaining order. Part I of the Note develops the criteria relevant to determining what kind of temporary relief is "just." Although section 10(j) does not itself define these criteria, the …
First National Maintenance V. Nlrb: Limiting The Mandatory Duty To Bargain, Augusta Scribner
First National Maintenance V. Nlrb: Limiting The Mandatory Duty To Bargain, Augusta Scribner
Antioch Law Journal
In First National Maintenance Corp. v. NLRB I the United States Supreme Court further limited the subjects that require mandatory collective bargaining. 2 The Court overruled a long-standing National Labor Relations Board policy that required an employer to bargain about the decision to partially close its business. 3 The Court formulated a new balancing test that weighs the employer's need to maintain the freedom to manage its business against the benefit to labor-management relations and the collective bargaining process.
Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine
Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine
Articles
"Peaceful picketing," the United States Supreme Court has said, "is the workingman's means of communication."' One line of analysis is that, as a means of communication, picketing is free speech and is therefore entitled to every constitutional protection afforded other forms of expression. This means that it cannot be subjected to special restrictions, such as antiboycott curbs, simply because it is picketing. The opposing line of analysis is that picketing is not simply speech; it is "speech plus." The "plus" element removes picketing from the realm of pure speech and enables it to be regulated in ways that the Constitution …
2 Area Firms Told To Pay Back Wages (Knickerbocker News), Knickerbocker News
2 Area Firms Told To Pay Back Wages (Knickerbocker News), Knickerbocker News
News Articles
No abstract provided.
Expanding Federal Court Jurisdiction Of Railway Labor Minor Disputes: Richins V. Southern Pacific, Richard H. Page
Expanding Federal Court Jurisdiction Of Railway Labor Minor Disputes: Richins V. Southern Pacific, Richard H. Page
BYU Law Review
No abstract provided.