Labor and Employment Law Commons^™

The Impact Of Sweden's Accession Into The European Union On Its Social And Labor Policies, Matthew H. Wexley

Cardozo Journal of International and Comparative Law

The European Union has evolved beyond its initial economic focus, now addressing labor and social laws through mechanisms like the Social Charter and the Agreement on Social Policy. Sweden, with its robust labor unions and progressive social policies, faces challenges as it integrates into the EU, balancing its high standards with the need for harmonization. The EU must establish minimum labor standards to prevent a race to the bottom, while Sweden should leverage its influence to maintain its model and promote active labor market policies.

The Copyright Term Extension Act Of 1995: Or How Publishers Managed To Steal The Bread From Authors, William F. Patry

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Copyright And The Legislative Process: A Personal Perspective, William F. Patry

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Equal Rights-Compatibility Of Family And Career-Legal Comparison: East Germany (Gdr) And Federal Republic Of Germany Today, Anita Grandke

Cardozo Journal of Equal Rights & Social Justice

The article examines the evolution of gender equality in East Germany from the post-WWII era through the 1990 unification with West Germany, highlighting how East Germany's progressive laws promoting women's rights were rolled back after unification, leading to significant setbacks for women in employment, family life, and legal protections.

Reinventing Labor Law: A Rejoinder, Tamara Lothian

Cardozo Law Review

In an Article published recently in this journal, Stanley Gacek, an attorney working with the United Food and Commercial Workers International Union in the United States, takes issue with my analysis of the political consequences of corporatist and contractualist labor law models, especially as applied to the current situations in Brazil and the United States. Despite our many major disagreements, I welcome Gacek's response to my Article and his effort to expand public discussion of the alternative legal-institutional forms of democratic labor organization. Unfortunately, in the course of developing his own position Gacek seriously misrepresents my views. He also misunderstands …

Eti, Phone The Department Of Labor: Economically Targeted Investments, Ib 94-1 And The Reincarnation Of Industrial Policy, Edward A. Zelinsky

Articles

In Interpretive Bulletin 94-1 (B 94-1), the Department of Labor defines economically targeted investments (ETIs) as investments which bear risk-adjusted, market rates of return and which also generate collateral economic benefits. lB 94-1 declares ETIs, so defined, to be consistent with the fiduciary provisions of the Employee Retirement Income Security Act of 1974 (ERISA). In his critique of lB 94-1, Professor Edward Zelinsky finds the ET1 concept unsound as a matter of policy and logic and incompatible with ERISA's statutory standards governing pension trustees' investment decisions. Professor Zelinsky views 1B 94-1 as resurrecting the discredited notion of industrial policy. He …

The Invisible Cupola: From Casual To Collective Attribution In Ecological Liability, Gunther Teubner

Cardozo Law Review

When I speak about the cupola, it is not Brunelleschi's architectural masterpiece crowning the Florentine duomo that appears before my eyes. Rather, I see the ugly architecture of organized crime, the brutal supersecret "cupola" on top of the Mafia's hierarchy which overshadows social life in Italy. Does this cupola exist or not? Over the recent years, the Mafia's cupola has been the object of a bitter struggle between Italian judges. While the lower courts have been sending numerous mafiosi to prison because they were part of the invisible cupola controlling "tutti i grandi delitti," the court of the next instance …

Revisiting The Corporatist And Contractualist Models Of Labor Law Regimes: A Review Of The Brazilian And American Systems, Stanley A. Gacek

Cardozo Law Review

During the late 1970s, Brazilian workers captured world attention by mobilizing gigantic strikes in the auto industry of Greater São Paulo. Defying the intervention of the labor courts, they directly confronted the transnational automakers and negotiated impressive wage gains. They also established the celebrated comissões de fábrica, or factory commissions, which served as new vehicles for the negotiation of agreements and the resolution of labor disputes.

Remarks At The Association Of American Law Schools Annual Meeting, R. William Ide Iii

Cardozo Law Review

Thank you very much. I bring you greetings from all those lawyers you taught. It is my distinct pleasure to represent the American Bar Association ("ABA") at your Association's most important annual meeting, and more than a little humbling considering the tremendous influence the people in this room have over every aspect of our American way of life.

Table Of Contents - Cardozo Law Review, Volume 15, Issue 5

Cardozo Law Review

No abstract provided.

Beyond Reasonable Accommodation: The Availability And Structure Of A Cause Of Action For Workplace Harassment Under The Americans With Disabilities Act, Frank S. Ravitch

Cardozo Law Review

Employment discrimination law has undergone a metamorphosis in the last few years. New legislation and judicial interpretation of existing legislation have broadened the rights available to the victims of discrimination, and have created new duties with which employers must comply. The passage of the Americans with Disabilities Act added one of the largest pieces to the new employment discrimination puzzle. Because the ADA is still in the early stages of development, it is essential to define the bases for potential causes of action under the Act, and to delineate workable structures for analyzing those causes of action.

Secured Creditors And Section 15(A)(1) Of The Fair Labor Standards Act: The Supreme Court Creates A New Property Interest, Henry Bregstein

Cardozo Law Review

No abstract provided.

Single Market, Emu And Enlargement: Can The European Community Cope With Three Institutional Shocks?, Pier Carlo Padoan

Cardozo Journal of International and Comparative Law

No abstract provided.

Canadian Integration And The Federal Bargain, Douglas M. Brown

Cardozo Journal of International and Comparative Law

The article examines the challenges facing Canada's federal system, particularly the tension between economic integration and equity. It argues that the foundation of Canada's federation, known as the "equity bargain," is under strain due to historical and contemporary pressures, including the Free Trade Agreement, fiscal crises, and constitutional debates. The analysis emphasizes the need for a revised federal bargain to address these challenges and ensure the stability of the federation.

An Enriched Economic Model Of Political Patronage And Campaign Contributions: Reformulating Supreme Court Jurisprudence, Richard L. Hasen

Cardozo Law Review

No abstract provided.

Restraints On Alienation Of Human Capital, Stewart E. Sterk

Articles

No abstract provided.

On Property And Constitutionalism, Cass R. Sunstein

Cardozo Law Review

No abstract provided.

The Bar Against Challenges To Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. Mcginnis

Articles

No abstract provided.

Law And Sociology: Some Consequences For The Law Of Employment Discrimination Deriving From The Sociological Reconstruction Of Economic Theory, Mark Gould

Cardozo Law Review

No abstract provided.

The Interdisciplinary Future Of Copyright Theory, Alfred C. Yen

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Legality And Efficacy Of The National Basketball Association Salary Cap, Jeffrey E. Levine

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Deconstruction And Cultural Criticism, J. Hillis Miller

Cardozo Law Review

No abstract provided.

New Paradigms For Reasoning With Uncertain Information, Ronald R. Yager

Cardozo Law Review

No abstract provided.

Dual Capacity Liability And Co-Employee Company Physicians: Undermining The Integrity Of The Workers' Compensation System, Kim R. Kleppel

Cardozo Law Review

No abstract provided.

Nevo V. National Labour Court, Gavriel Bach, Shoshana Netanyahu, Ariel Hanoch

Translated Opinions

Petitioner, Dr. Naomi Nevo, was employed for many years by the Jewish Agency for Israel as a sociologist. On reaching the age of 60, she received a notice from her employers that she was to retire on pension, in accordance with the provision in the Pension Rules relating to Jewish Agency employees. This stated that the retirement age for men was 65 and for women 60.

Petitioner brought an action in the Regional Labour Court asking for a declaration that the above provision was void as being discriminatory. Her action was dismissed and so was her appeal to the National …

The Ultimate Injustice: When A Court Misstates The Facts, Anthony D'Amato

Cardozo Law Review

No abstract provided.

Firm-Specific Human Capital Investments And Hegelian Ethics: A Comment On Cornell And Posner, Jonathan R. Macey

Cardozo Law Review

No abstract provided.

Retaliatory Discharge For Workers' Compensation: Do Union Employees Need A State Tort, Scott N. Gelfand

Cardozo Law Review

No abstract provided.

Dedication To Karl Krastin, Lester Brickman

Articles

The article pays tribute to Karl Krastin, highlighting his significant influence on the author's academic and professional journey. Krastin, a proponent of the "Law, Science, and Policy" approach, played a pivotal role in mentoring the author and other scholars, guiding them towards Yale's graduate program and into law teaching. His leadership as dean at Toledo College of Law fostered institutional growth and intellectual development, despite challenges arising from his democratic management style.

Hegel And Employment At Will: A Comment, Richard A. Posner

Cardozo Law Review

No abstract provided.