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Articles 361 - 390 of 576

Full-Text Articles in Labor and Employment Law

An Analysis Of The Nlrb's "Runaway Shop" Doctrine In The Context Of Mid-Term Work Relocation Based On Union Labor Costs, Jan W. Sturner Jan 2000

An Analysis Of The Nlrb's "Runaway Shop" Doctrine In The Context Of Mid-Term Work Relocation Based On Union Labor Costs, Jan W. Sturner

Hofstra Labor & Employment Law Journal

No abstract provided.


"Membership" Obligations Under Nlra Section 8(A)(3): A Proposal For Statutory Change, Ronald Turner Jan 2000

"Membership" Obligations Under Nlra Section 8(A)(3): A Proposal For Statutory Change, Ronald Turner

Hofstra Labor & Employment Law Journal

No abstract provided.


Putting Gilmer Where It Belongs: The Faa's Labor Exemption, David E. Feller Jan 2000

Putting Gilmer Where It Belongs: The Faa's Labor Exemption, David E. Feller

Hofstra Labor & Employment Law Journal

Relying on the Federal Arbitration Act, the Supreme Court in Gilmer v. Interstate/Johnson-Lane Corp. enforced an agreement to arbitrate all disputes to prevent judicial adjudication of a claim under the Americans With Disabilities Act. That decision has led employers of millions of workers to require an agreement to arbitrate future claims of violations of all statutes protecting employment rights as a condition of getting or keeping a job. This article argues that the exemption in Section 1 of the Act of "contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce" …


State Action And The Enforcement Of Compulsory Arbitration Agreements Against Employment Discrimination Claims, Jeffrey L. Fisher Jan 2000

State Action And The Enforcement Of Compulsory Arbitration Agreements Against Employment Discrimination Claims, Jeffrey L. Fisher

Hofstra Labor & Employment Law Journal

No abstract provided.


Striking Bargains: The At-Will Employment Of Permanent Strike Replacements, Michael D. Moberly Jan 2000

Striking Bargains: The At-Will Employment Of Permanent Strike Replacements, Michael D. Moberly

Hofstra Labor & Employment Law Journal

No abstract provided.


The Right Of Attorneys To Unionize, Collectively Bargain, And Strike: Legal And Ethical Considerations*, Laura Midwood, Amy Vitacco Jan 2000

The Right Of Attorneys To Unionize, Collectively Bargain, And Strike: Legal And Ethical Considerations*, Laura Midwood, Amy Vitacco

Hofstra Labor & Employment Law Journal

No abstract provided.


The Ramification Of National Basketball Association Labor Relations, David L. Gregory, Robert J. Nobile Jan 1999

The Ramification Of National Basketball Association Labor Relations, David L. Gregory, Robert J. Nobile

Hofstra Labor & Employment Law Journal

No abstract provided.


Foreward: Discipline In Professional Sports, Alfred G. Feliu Jan 1999

Foreward: Discipline In Professional Sports, Alfred G. Feliu

Hofstra Labor & Employment Law Journal

No abstract provided.


Some Keys To The Nba Lockout, Grant M. Hayden Jan 1999

Some Keys To The Nba Lockout, Grant M. Hayden

Hofstra Labor & Employment Law Journal

The 1998-99 NBA lockout, like the 1994 Major League Baseball strike, may have serious consequences for the future of the game. Already, the abbreviated training camps and compressed schedules have produced a spate of injuries and scores of ugly, low-scoring games. And the effects of the dispute on the game over the long run may be more difficult, if not impossible, to predict. But those questions are best left to those who track television ratings and ticket office receipts. The more immediate question-the one put to me by the editors of this journal-is what the lockout contributed to labor law …


Harassment And Constitutional Tort: The Other Jurisprudence, Mark M. Hager Jan 1999

Harassment And Constitutional Tort: The Other Jurisprudence, Mark M. Hager

Hofstra Labor & Employment Law Journal

No abstract provided.


Evolution In The Civil Rights Revolution: The Survival Of Employment Discrimination Claims For Pain And Suffering, Michael D. Moberly Jan 1999

Evolution In The Civil Rights Revolution: The Survival Of Employment Discrimination Claims For Pain And Suffering, Michael D. Moberly

Hofstra Labor & Employment Law Journal

No abstract provided.


Contracting Mediation: The Impact Of Different Statutory Regimes, Ellen J. Dannin Jan 1999

Contracting Mediation: The Impact Of Different Statutory Regimes, Ellen J. Dannin

Hofstra Labor & Employment Law Journal

The United States is commited to increasing institutionalized use of alternative dispute resolution (ADR), most often based on the claim that it is superior to and different from traditional litigation. Mediation in particular is supposed in the popular view to be user-friendly, nonadversarial, and conducive to optimal, wholistic resolutions. Litigation, in contrast, is supposed to be slow, costly to all, impersonal, formal, legalistic, and incapable of giving complete or satisfactory resolutions. This implicitly assumes that ADR and litigation are discrete processes, each with uniform and intrinsic natures. This, in turn suggests an assumption that they retain these qualities under all …


Civil Rights Law And Breaking Down Patterns Of Segregation: The Case Of Nepotism, Seth Kupferberg Jan 1999

Civil Rights Law And Breaking Down Patterns Of Segregation: The Case Of Nepotism, Seth Kupferberg

Hofstra Labor & Employment Law Journal

No abstract provided.


Conflict And Ideology In The International Campaign Against Child Labour, David M. Smolin Jan 1999

Conflict And Ideology In The International Campaign Against Child Labour, David M. Smolin

Hofstra Labor & Employment Law Journal

No abstract provided.


The Importance Of Updating Sexual Harassment Policies To Thwart Same-Sex Sexual Harassment Claims, Kenneth Band Jan 1999

The Importance Of Updating Sexual Harassment Policies To Thwart Same-Sex Sexual Harassment Claims, Kenneth Band

Hofstra Labor & Employment Law Journal

No abstract provided.


Mixing Law And Art: The Role Of Anti-Discrimination Law And Color-Blind Casting In Broadway Theater, Bonnie Chen Jan 1999

Mixing Law And Art: The Role Of Anti-Discrimination Law And Color-Blind Casting In Broadway Theater, Bonnie Chen

Hofstra Labor & Employment Law Journal

No abstract provided.


The United States Supreme Court Resolves The Effect Of Disability Benefit Claims Upon Americans With Disabilities Act Complaints In Cleveland V. Policy Management Systems Corporation, Christine Neylon O'Brien Jan 1999

The United States Supreme Court Resolves The Effect Of Disability Benefit Claims Upon Americans With Disabilities Act Complaints In Cleveland V. Policy Management Systems Corporation, Christine Neylon O'Brien

Hofstra Labor & Employment Law Journal

Federal courts have grappled with the issue of whether claims under the Americans with Disabilities Act should be barred, or judicially estopped, by the plaintiff's earlier application for or receipt of disability benefits. This is a particularly vexing problem since recipients of disability benefits are presumed to be disabled even though they are not disabled for a particular job. These individuals, who are social security recipients and still, are qualified for a job yet they suffer adverse employment decisions in violation of the Americans with Disabilities Act. This article clarifies the law based on the Supreme Court decision, Cleveland v. …


Labor Law And The Sports Industry, Robert D. Manfred Jr. Jan 1999

Labor Law And The Sports Industry, Robert D. Manfred Jr.

Hofstra Labor & Employment Law Journal

No abstract provided.


The Perception And Reality Of Discipline In Sports, Gene Orza Jan 1999

The Perception And Reality Of Discipline In Sports, Gene Orza

Hofstra Labor & Employment Law Journal

No abstract provided.


Discipline In Sports, George Nicolau Jan 1999

Discipline In Sports, George Nicolau

Hofstra Labor & Employment Law Journal

No abstract provided.


The Role Of Unions And Arbitration In Professional Baseball, Ralph Kiner Jan 1999

The Role Of Unions And Arbitration In Professional Baseball, Ralph Kiner

Hofstra Labor & Employment Law Journal

No abstract provided.


Are Consensual Relationship Agreements A Solution To Sexual Harassment In The Workplace?, Alison J. Chen, Jonathan A. Sambur Jan 1999

Are Consensual Relationship Agreements A Solution To Sexual Harassment In The Workplace?, Alison J. Chen, Jonathan A. Sambur

Hofstra Labor & Employment Law Journal

No abstract provided.


Jurisdictional Restraints On The Federal Labor Relations Authority: A Split In The Circuits, Brian Daniel Pfeiffer Jan 1998

Jurisdictional Restraints On The Federal Labor Relations Authority: A Split In The Circuits, Brian Daniel Pfeiffer

Hofstra Labor & Employment Law Journal

No abstract provided.


Employment Arbitration After Gilmer: Have Labor Courts Come To The United States?, Robert N. Covington Jan 1998

Employment Arbitration After Gilmer: Have Labor Courts Come To The United States?, Robert N. Covington

Hofstra Labor & Employment Law Journal

No abstract provided.


Rethinking Bargaining Unit Determination: Labor Law And The Structure Of Collective Representation In A Changing Workplace, Alexander Colvin Jan 1998

Rethinking Bargaining Unit Determination: Labor Law And The Structure Of Collective Representation In A Changing Workplace, Alexander Colvin

Hofstra Labor & Employment Law Journal

No abstract provided.


The Family And Medical Leave Act: Unlocking The Door To The "Key Employee" Exemption, Neil S. Levinbook Jan 1998

The Family And Medical Leave Act: Unlocking The Door To The "Key Employee" Exemption, Neil S. Levinbook

Hofstra Labor & Employment Law Journal

No abstract provided.


Arbitration Of Employment Discrimination Claims Under Pre-Dispute Agreements: Will Gilmer Survive?, Michael Delikat, Rene Kathawala Jan 1998

Arbitration Of Employment Discrimination Claims Under Pre-Dispute Agreements: Will Gilmer Survive?, Michael Delikat, Rene Kathawala

Hofstra Labor & Employment Law Journal

No abstract provided.


The Signicance Of Worker Attitudes: Individualism As A Cause For Labor's Decline, Sharon Rabin Margalioth Jan 1998

The Signicance Of Worker Attitudes: Individualism As A Cause For Labor's Decline, Sharon Rabin Margalioth

Hofstra Labor & Employment Law Journal

No abstract provided.


A Dialogue With The Chairman Of The Labor Board: Challenging Conventional Wisdom On The Impact Of Current Law On Alternative Forms Of Employee Representation, Charles J. Morris Jan 1998

A Dialogue With The Chairman Of The Labor Board: Challenging Conventional Wisdom On The Impact Of Current Law On Alternative Forms Of Employee Representation, Charles J. Morris

Hofstra Labor & Employment Law Journal

No abstract provided.


Recovering The Costs Of Dol Wage Increases Under The Service Contract Act, Allen Cannon Iii, Richard B. Clifford Jr. Jan 1998

Recovering The Costs Of Dol Wage Increases Under The Service Contract Act, Allen Cannon Iii, Richard B. Clifford Jr.

Hofstra Labor & Employment Law Journal

No abstract provided.