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Articles 541 - 570 of 571
Full-Text Articles in Labor and Employment Law
Affirmative Action In Question: A Coherent Theory For Section 15(2), Mark A. Drumbl, John D.R. Craig
Affirmative Action In Question: A Coherent Theory For Section 15(2), Mark A. Drumbl, John D.R. Craig
Scholarly Articles
Affirmative action programs are constitutionally protected in Canada under section 15(2) of the Charter. This section has received little judicial interpretation and, consequently, no coherent approach to the interpretation of section 15(2) has been developed. Furthermore, there is an urgent need to define the meaning of section 15(2), as affirmative action programs can be used to perpetuate stereotypes and discrimination while being given a blanket endorsement through section 15(2). The authors suggest that section 15(2) does not merely promote substantive equality, as this is the function of section 15(1), but embodies the social justice conception of equality, which allocates social …
Union Lawyer's Obligations To Bargaining Unit Members: A Case Study Of The Interdependence Of Legal Ethics And Substantive Law, The Symposium: The Lawyer's Duties And Liabilities To Third Parties, Russell G. Pearce
Faculty Scholarship
One of the largest groups of purported nonclients to whom lawyers might have obligations are members of bargaining units represented by unions. Despite the much publicized decline of labor unions, they have almost 16.4 million members. In addition, many workers are members of bargaining units represented by labor unions, but are not union members. The relationship of union lawyers to these millions of bargaining unit members, whether members of the union or not, is unclear. An examination of how this relationship influences and is influenced by labor law offers a fascinating case study of the synergy between the substantive law …
Rearranging Deck Chairs On The Titanic: The Inadequacy Of Modest Proposals To Reform Labor Law, Charles B. Craver
Rearranging Deck Chairs On The Titanic: The Inadequacy Of Modest Proposals To Reform Labor Law, Charles B. Craver
Michigan Law Review
A Review of Agenda for Reform: The Future of Employment Relationships and the Law by William B. Gould IV
Same-Sex Sexual Harassment: Subverting The Heterosexist Paradigm Of The Title Vii, Carolyn Grose
Same-Sex Sexual Harassment: Subverting The Heterosexist Paradigm Of The Title Vii, Carolyn Grose
Faculty Scholarship
This article argues that the proper starting point is to provide protection for gay men and lesbians against discrimination and harassment. Until there is such protection, any attempt to use Title VII to regulate same-sex sexual harassment will intensify the privileging of one kind of same-sex interaction over another: straight subordinates will be protected from gay supervisors, while gay subordinates will not be protected from straight supervisors. The result will be increased tolerance not for expressions of gay and lesbian sexuality, but for expressions of heterosexism and homophobia in the workplace. Part I of this article examines the development of …
Job Security: Protecting At-Will Employees With Good Cause Legislation, Mayumi Yokoyama
Job Security: Protecting At-Will Employees With Good Cause Legislation, Mayumi Yokoyama
LLM Theses and Essays
Recent decades have witnessed significant developments in employment termination law in the United States. In particular, the long-standing “at-will” doctrine, under which employers can fire employees for good, bad, or no reason at all, has experienced great erosion and wide variations in law from state to state. There has been a movement of statutory and common law restrictions limiting an employer’s freedom to terminate at will, which reflects the increasing consciousness of job security by society and workers. This paper analyzes the problem of job security by tracing the origin of the at-will doctrine to 19th century principles favoring economic …
The Case Against Regulating The Market For Contingent Employment, Maria O'Brien
The Case Against Regulating The Market For Contingent Employment, Maria O'Brien
Faculty Scholarship
No abstract provided.
Exploring The Constitutional Limits To Workfare And Learnfare, Mark Anthony Drumbl
Exploring The Constitutional Limits To Workfare And Learnfare, Mark Anthony Drumbl
Scholarly Articles
In recent times, there has been growing interest in the concepts of mandatory work and training programs for social assistance recipients. In this article, the author examines the social policy arguments for and against such programs. He also analyzes them from the perspective of the Charter of Rights. He concludes that mandatory work and training programs may be subject to legal challenge under the Charter of Rights unless participation is voluntary or the programs are carefully designed.
St. Mary's Honor Center V. Hicks: Questioning The Basic Assumption, Deborah Calloway
St. Mary's Honor Center V. Hicks: Questioning The Basic Assumption, Deborah Calloway
Faculty Articles and Papers
No abstract provided.
The Law And Metaphor Of Boycott, Gary Minda
The Political Economy Of The Wagner Act: Power, Symbol, And Workplace Cooperation, Mark Barenberg
The Political Economy Of The Wagner Act: Power, Symbol, And Workplace Cooperation, Mark Barenberg
Faculty Scholarship
To shed light on the legal debate over new forms of workplace collaboration, this Article reexamines the origins of the National Labor Relations Act of 1935. Professor Barenberg concludes that the Wagner Act scheme was profoundly cooperationist, not adversarial as is conventionally assumed. Revisionist historiography shows that, contrary to the claims of public choice theorists, Senator Wagner's network of political entrepreneurs was the decisive force in the conception and enactment of the new labor policy, amidst interest group paralysis and popular unrest. Drawing on original archival materials and oral histories, Professor Barenberg reconstructs the progressive ideology of Wagner and his …
On Property And Constitutionalism, Cass R. Sunstein
On Property And Constitutionalism, Cass R. Sunstein
Cardozo Law Review
No abstract provided.
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
Faculty Scholarship
Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …
Firm-Specific Human Capital Investments And Hegelian Ethics: A Comment On Cornell And Posner, Jonathan R. Macey
Firm-Specific Human Capital Investments And Hegelian Ethics: A Comment On Cornell And Posner, Jonathan R. Macey
Cardozo Law Review
No abstract provided.
Proving Discrimination After Price Waterhouse And Wards Cove, Candace Kovacic-Fleischer
Proving Discrimination After Price Waterhouse And Wards Cove, Candace Kovacic-Fleischer
Scholarly Articles in Law Reviews & Journals
INTRODUCTION Anyone involved in litigation under Title VII of the Civil Rights Act of 19641 or similar state statutes may wonder what is entailed in proving or disproving discrimination after the United States Supreme Court's October 1988 Term. In fact, in the pending Civil Rights Act of 1990, Congress is considering reversing some of what the Supreme Court did during that Term. One of the issues that the Supreme Court addressed during the 1988 Term involved allocating burdens of proof in two major types of Title VII claims, dis- parate-treatment and disparate-impact. Price Waterhouse v. Hopkins, dealt with a disparate-treatment …
English-Only Rules And The Right To Speak One's Primary Language In The Workplace, Juan F. Perea
English-Only Rules And The Right To Speak One's Primary Language In The Workplace, Juan F. Perea
University of Michigan Journal of Law Reform
This Article analyzes the issues raised by English-only rules and the decisions discussing these rules. Part I reviews the leading cases on English-only rules. The Article then explores several issues that must be considered in deciding any English-only rule case under Title VII. Part II addresses whether speaking one's primary language should constitute a protected right as an aspect of national origin under Title VII. This Article argues that primary language should be protected under Title VII for several reasons: the courts and the EEOC construe the term "national origin" broadly; primary language constitutes a fundamental aspect of ethnicity and …
Hegel And The Dialectics Of Contract, Michel Rosenfeld
Hegel And The Dialectics Of Contract, Michel Rosenfeld
Cardozo Law Review
No abstract provided.
The Crisis Of Private Law Its Not An Ideal Situation, Kenneth Casebeer
The Crisis Of Private Law Its Not An Ideal Situation, Kenneth Casebeer
Cardozo Law Review
No abstract provided.
Evaluating Unions: Labor Economics And The Law, Michael J. Goldberg
Evaluating Unions: Labor Economics And The Law, Michael J. Goldberg
Michigan Law Review
A Review ofWhat Do Unions Do? by Richard B. Freeman and James L. Medoff
When Justice Fails, Stephan Landsman
When Justice Fails, Stephan Landsman
Michigan Law Review
A Review of The Haymarket Tragedy by Paul Avrich
Boycott, Theodore J. St. Antoine
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.’’
Reflections On Labor, Power, And Society, James B. Atleson
Reflections On Labor, Power, And Society, James B. Atleson
Journal Articles
No abstract provided.
Charting The Future Course For Corporate Management Of Health Risks, Michael S. Baram
Charting The Future Course For Corporate Management Of Health Risks, Michael S. Baram
Faculty Scholarship
Corporations engage in technological activities of benefit to society, but thereby also create new health risks for workers, consumers, and communities. Government regulatory agencies deal with this chronic problem by conducting risk analyses and imposing various duties on private firms. Despite agency efforts and corporate compliance, health risks continue to arise and take their toll. To what extent will private firms voluntarily assume greater responsibility for preventing these health risks? This question is of increasing social importance, because the limitations of regulatory efforts are now obvious, whereas health risks are now being identified at what appears to be an increasing …
Values And Assumptions In American Labor Law, Michigan Law Review
Values And Assumptions In American Labor Law, Michigan Law Review
Michigan Law Review
A Review of Values and Assumptions in American Labor Law by James B. Atleson
Protecting The Whistleblower From Retaliatory Discharge, Martin H. Malin
Protecting The Whistleblower From Retaliatory Discharge, Martin H. Malin
University of Michigan Journal of Law Reform
This approach to the problem of whistleblowing, however, is misguided; the appropriate balance is between the employee's interest in acting in accordance with his individual conscience and his duty of loyalty to his employer. This Article argues that although the law should protect individual acts of whistleblowing once they have occurred, it should not affirmatively encourage whistleblowing. Part I discusses the protection currently available to whistleblowers under the common law, collective bargaining agreements, and the antiretaliation provisions of several important statutes. Part II proposes a general standard of whistleblower protection that is designed to protect individual whistleblowers in appropriate circumstances, …
Social Welfare--Effect Of Eligibility For Unemployment Compensation On A.F.D.C. Benefits, Vincent A. Collins
Social Welfare--Effect Of Eligibility For Unemployment Compensation On A.F.D.C. Benefits, Vincent A. Collins
West Virginia Law Review
No abstract provided.
Constitutional Approaches To Metropolitan Planning, John W. Ragsdale Jr
Constitutional Approaches To Metropolitan Planning, John W. Ragsdale Jr
Faculty Works
No abstract provided.
Wage Garnishment Should Be Prohibited, William T. Kerr
Wage Garnishment Should Be Prohibited, William T. Kerr
University of Michigan Journal of Law Reform
Historically, the statutory treatment of wage garnishment among the states has been characterized primarily by its diversity. Although most states exempt a specified amount of a man's wage from the reach of his creditors, the dollar levels of these exemptions are as various as the methods chosen to compute the amount to be exempted. In addition, legislators, some union spokesmen and some legal commentators have become increasingly aware of the role of wage garnishment in the "debtor-spiral" of easy credit, discharge from employment, bankruptcy and welfare. Inevitably this spiral involves a disproportionate impact on the poor. Impelled by these concerned …
Justice Murphy And The Welfare Question, Leo Weiss
Justice Murphy And The Welfare Question, Leo Weiss
Michigan Law Review
In 1941, an Italian law professor arrived in the United States to make his home here. Born in Russia during Czarist days, he was educated in Austria, England, and Italy, finally settling there and becoming a citizen. A member of the Italian bar and teacher of law at the Universities of Florence and Rome, he found himself in 1939 unwanted in his adopted homeland. He went to France, where he practiced law until coming to this country. In New York City he joined the Graduate Faculty of the New School for Social Research, remaining in that post for five years, …
Labor Law - Authority Of National Labor Relations Board To Require Reaffirmation Of Non-Communist Affidavit, Richard Z. Rosenfeld
Labor Law - Authority Of National Labor Relations Board To Require Reaffirmation Of Non-Communist Affidavit, Richard Z. Rosenfeld
Michigan Law Review
Section 9(h) of title I of the Labor-Management Relations Act requires that officers of unions which desire access to NLRB facilities file non-Communist affidavits with the Board. During the effective period of appellee unions' compliance with this requirement, the Board referred certain affidavits to the Department of Justice for investigation. After the suspected officers had refused to testify concerning the truth or falsity of their affidavits in subsequent grand jury proceedings the Board issued a Notice and Order requiring the officers to reaffirm the truth of the prior affidavits and to attest to non-membership in the Communist Party since filing …
Book Reviews, E. M. Morgan, Samuel Mermin, Clyde W. Summers, Vernon X. Miller, John Ritchie Iii, Charles Bunn, Douglas B. Magos
Book Reviews, E. M. Morgan, Samuel Mermin, Clyde W. Summers, Vernon X. Miller, John Ritchie Iii, Charles Bunn, Douglas B. Magos
Journal of Legal Education
No abstract provided.