Labor and Employment Law Commons^™

The Excludability Of Employment Discrimination Awards Under Code Section 104(A)(2) After Burke V. United States And Commissioner V. Schleier, Leandra Lederman

Articles by Maurer Faculty

No abstract provided.

Beyond Bread And Butter: The Political Paradigm Of Management Training, David J.B. Froiland

Indiana Law Journal

No abstract provided.

Book Review. Turbulence!: Challenges And Opportunities In The World Of Work: Are You Prepared For The Future? By Roger E. Herman, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

Book Review. Fetal Protection In The Workplace And At Women's Expense, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

Book Review. Sexual Abuse By Professionals: A Legal Guide By Steven B. Bisbing, Et.Al., Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

The Ada And The Nlra: Balancing Individual And Collective Rights, Robert A. Dubault

Indiana Law Journal

No abstract provided.

Free Speech And Due Process In The Workplace, Cynthia L. Estlund

Indiana Law Journal

No abstract provided.

Discrimination, Deceit, And Legal Decoys: The Diversion Of After-Acquired Evidence And The Focus Restored By Mckennon V. Nashville Banner Publishing Company, Elissa J. Preheim

Indiana Law Journal

No abstract provided.

The Labor Market Transformed: Adapting Labor And Employment Law To The Rise Of The Contingent Work Force, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

The American labor market has been at the forefront of change in adapting the new information technology and engaging in global trade. These changes have led to new and increased use of contingent employment relationships such as part-time, temporary and subcontracted work which do not neatly fall under the definition of employee in most American protective legislation. With the advent of increasing numbers of contingent workers, these labor and employment laws must be reevaluated. In expanding upon Dr Richard S. Belous' previous critical analysis, this paper argues for a broader statutory definition of employee in current and future protective legislation …

Checking The "Trigger-Happy" Congress: The Extraterritorial Extension Of Federal Employment Laws Requires Prudence, Derek G. Barella

Indiana Law Journal

No abstract provided.

Extending Excelsior, Leonard Bierman

Indiana Law Journal

No abstract provided.

Struggling Through The Thicket: Section 301 And The Washington Supreme Court, Mark L. Adams

Articles by Maurer Faculty

In this article, Professor Adams examines preemption doctrine under section 301 of the Labor Management Relations Act, focusing primarily on the Washington Supreme Court's 1992 decision in Commodore v. University Mechanical Contractors, Inc. The author traces the history of section 301 cases, comparing two different theories regarding its correct application. Under one theory, an employee's state law claim will be preempted if the underlying right is negotiable or if the employer's defenses implicate the collective bargaining agreement. Under the second theory, an employee's state law claim is preempted only when the right at issue derives from the provisions of a …

Meeting The Demands Of Workers Into The Twenty-First Century: The Future Of Labor And Employment Law, Kenneth G. Dau-Schmidt

Indiana Law Journal

No abstract provided.

And Promises To Keep: The Future In Employment Discrimination, Julia C. Lamber

Indiana Law Journal

No abstract provided.

Economically Targeted Investments: Can Public Pension Plans Do Good And Do Well?, Patrick S. Cross

Indiana Law Journal

No abstract provided.

And Promises To Keep: The Future In Employment Discrimination, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

Overqualified, Unqualified Or Just Right: Thinking About Age Discrimination And Taggart V. Time, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

Recent Employment Law Decisions Of The Seventh Circuit And The Indiana Courts, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.

Wrongful Discharge: Litigation Or Arbitration?, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.

Dulling A Needle: Analyzing Federal Employment Restrictions On People With Insulin-Dependent Diabetes, Mark L. Bayler

Indiana Law Journal

No abstract provided.

Statistics For Wage Discrimination Cases: Why The Statistical Models Used Cannot Prove Or Disprove Sex Discrimination, James T. Mckeown

Indiana Law Journal

No abstract provided.

The Overcompensation Problem: A Collective Approach To Controlling Executive Pay, Linda J. Barris

Indiana Law Journal

No abstract provided.

Use It And Lose It: The Employer's Absolute Right Under Erisa Section 510 To Engage In Post-Claim Modifications Of Employee Welfare Benefit Plans, Carl A. Greci

Indiana Law Journal

No abstract provided.

A Bargaining Analysis Of American Labor Law And The Search For Bargaining Equity And Industrial Peace, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

No abstract provided.

Union Representation Election Reform: Equal Access And The Excelsior Rule, Randall J. White

Indiana Law Journal

No abstract provided.

Labor And Employment Discrimination Cases In The Supreme Court 1989 Term, Julia C. Lamber, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.

Recent Supreme Court Employment Law Decisions, 1990-91, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.

Union Security Agreements Under The National Labor Relations Act: The Statute, The Constitution, And The Court's Opinion In Beck, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

The Supreme Court's recent decision in Communications Workers of America v. Beck interpreted section 8(a)(3) of the National Labor Relations Act (NLRA) to prohibit the observance of agency shop agreements. By interpreting the statute in this way, the Court avoided the question of whether union security agreements under the NLRA are subject to constitutional scrutiny. The Court's determination that section 8(a)(3) does not allow agency shop agreements was an important decision affecting the enforceability of union security agreements in the vast majority of private sector bargaining agreements.

In this Article, Professor Dau-Schmidt criticizes the Court's interpretation of section 8(a)(3) in …

Keeping The Camel's Nose Out Of The Tent: The Constitutionality Of N.L.R.B. Jurisdiction Over Employees Of Religious Institutions, Ellyn S. Rosen

Indiana Law Journal

No abstract provided.

A Probit Model Of Nlrb Bargaining Order Cases In The Appellate Courts, Terry A. Bethel, C. A, Melfi

Articles by Maurer Faculty

This study examines NLRB bargaining orders that have gone to appeals courts and ascertains what factors influence whether or not the order is enforced and to what degree these factors influence the likelihood of enforcement. Substantial information has been collected from each reported appellate decision that reviewed NLRB bargaining orders issued over a four-year period. A probit regression model is employed to examine whether factors related to an employer's unfair labor practice campaign are involved in the circuit court's enforcement decisions or if more weight is given to unrelated factors, such as the circuit in which the appeal is heard …