Labor and Employment Law Commons^™

Wrongful Discharge Law And The Search For Third-Party Effects, Stewart J. Schwab

Cornell Law Faculty Publications

A Theory Of Minimum Contract Terms, With Implications For Labor Law, Keith N. Hylton

Faculty Scholarship

This Paper deals with a topic at the core of labor, property, and contract law: to what extent should individuals be free to enter into agreements of their choice? In many instances, the state intervenes to tell parties that they may not execute or enforce certain agreements, or that they must incorporate certain "minimum terms." A broad view of property rights would support the position that individuals are free to enter into whatever agreements suit them. A narrow view, on the other hand, is consistent with the claim that the state may require contracting parties to comply with a set …

Representing Business Clients In 1996, Oregon Law Institute, David Culpepper, Barnes H. Ellis, N. Robert Stoll, Steven D. Stadum, Peter R. Jarvis, Bradley F. Tellam, Claudia K. Powers, Corbett Gordon, Frank X. Curci, Micah D. Stolowitz, Jere M. Webb

Oregon Law Institute, 1996

Course Materials from the May 3, 1996 Program in Portland

Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Goertz V. Gordon, Laura Spitz

Faculty Scholarship

Historically, women have been almost exclusively responsible for the unpaid labour of child care with the assumption of primary child care responsibilities after separation. The courts must analyze each situation to determine whether a joint custody arrangement, in law, is in fact true equal parenting, in roles and responsibilities, or one more akin to sole custody when considering relocation restrictions.

Labor Law, Stephen W. Mooney, Leigh Lawson Reeves

Mercer Law Review

This Article surveys the 1995 decisions of the United States Court of Appeals for the Eleventh Circuit that addressed issues in the areas of traditional labor law. This Article specifically discusses decisions by the Eleventh Circuit under the National Labor Relations Act ("NLRA), the Labor Management Relations Act ("LMRA"), the Fair Labor Standards Act of 1938 ("FLSA"), and the Employee Retirement Income Security Act of 1974 ("ERISA7).

Unlike the past few years, this survey year the Eleventh Circuit did not decide many cases which involved labor law issues. There were numerous unpublished opinions by the Eleventh Circuit dealing with the …

Employment Discrimination, John F. Dickinson, F. Damon Kitchen

Mercer Law Review

The employment law docket of the Eleventh Circuit last year was a reflection of the general state of employment-related litigation in all but one respect. It included a large number of decisions, many of which turned on complicated procedural issues arising out of trial practice before juries. On the other hand, as in previous years the court of appeals published no opinion concerning a disability claim under the Americans With Disabilities Act of, 1990. These are sure to come.

Consistent with the tradition of past articles on this topic, this survey does not attempt to include all opinions that touch …

Mckennon V. Nashville Banner Publishing Company: Progression Of The After-Acquired Evidence Doctrine, Lauren L. Logan

Mercer Law Review

In McKennon v. Nashville Banner Publishing Co., the United States Supreme Court held that after-acquired evidence of employee wrongdoing that would have led to termination on lawful and legitimate grounds does not bar the employee from all relief sought under an employment discrimination action. The plaintiff, Christine McKennon, had worked for the defendant, Nashville Banner Publishing Company, for thirty years when, as claimed by Banner, she was discharged as part of a work force reduction plan. McKennon, who was sixty-two years old at the time of her discharge, claimed that her termination was based on her age. She filed …

Bureau Of Indian Affairs Hiring Preferences After Adarand Constructors, Inc. U. Pena, Wayne R. Farnsworth

BYU Law Review

No abstract provided.

Reply: The Need For Real Striker Replacement Reform, Rafael Gely, Leonard Bierman

Faculty Publications

Introduction In a recent article in the North Carolina Law Review, Louisiana State University Law Professor William R. Corbett proposes an innovative solution to the contentious issue of the right of employers to permanently replace economic strikers pursuant to the National Labor Relations Act (“NLRA” or “Act”). Professor Corbett's proposal is based on two arguments. First, he argues that the current legal distinction between “economic” and “unfair labor practice” strikes -- whereby employers are prevented from permanently replacing employees striking over employer unfair labor practices but may permanently replace employees striking over economic issues -- is a useful one and …

Constitutional Law—First Amendment And Freedom Of Speech—Public Employers Must Conduct A Reasonable Investigation To Determine If An Employee's Speech Is Protected Before Discharging The Employee Based Upon The Speech. Waters V. Churchill, 114 S. Ct. 1878 (1994)., D. Keith Fortner

University of Arkansas at Little Rock Law Review

No abstract provided.

How Will Welfare Recipients Fare In The Labor Market?, Jeffrey S. Lehman, Sheldon Danziger

Cornell Law Faculty Publications

No abstract provided.

Keeping The Government Out Of The Way: Project Labor Agreements Under The Supreme Court's Boston Harbor Decision, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Sexual Harassment Policies: An Employer's Burden Or Advantage?, Lisa L. Fowler

Brigham Young University Journal of Public Law

No abstract provided.

Separating Business Decisions And Fiduciary Duty In Erisa Litigation?, Mary O. Jensen

Brigham Young University Journal of Public Law

No abstract provided.

Interference On Both Sides: The Case Against The Nfl-Nflpa Contract, Robert A. Mccormick

Washington and Lee Law Review

No abstract provided.

Arbitrating Statutory Employment Claims In The Aftermath Of Gilmer, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Adarand Constructors, Inc. V. Pena And The Continuing Irrelevance Of Supreme Court Affirmative Action Decisions, Neal Devins

William & Mary Law Review

No abstract provided.

Employee Representation In Economies In Transition: Discussion, Christopher J. O'Leary

Conference Papers

No abstract provided.

Reports, Awards, And Opinions 1996-1997-2, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Sea Crest Health Care Center, Sperry Association Federal Credit Union, and White Plains Bus Company, among others.

Innovations In Collective Bargaining: Nummi - Driven To Excellence, Marley S. Weiss

Faculty Scholarship

No abstract provided.

Reports, Awards, And Opinions 1996-1997-1, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Boston Gas Company, General Electric Company, and New York Bus Service, among others.

Vol. 13, No. 1, James C. Franczek Jr., Patricia M. Trainor

The Illinois Public Employee Relations Report

Contents:

School Reform and Labor Relations: Can Both Go Forward In Chicago?, by James C. Franczek, Patricia M. Trainor

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

Perception Or Reality?: Some Reflections On The Interpretation Of Disability Discrimination Statutes, Michael D. Moberly

Hofstra Labor & Employment Law Journal

No abstract provided.

Dorothy Day's Lessons For The Transformation Of Work, David L. Gregory

Hofstra Labor & Employment Law Journal

No abstract provided.

Claiming Private Law For The Left: Exploring Gilmer's Impact And Legacy, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

The left should not be so quick to condemn private arbitration of statutory rights for two primary reasons. First, although these processes have historically been seized by employers as an efficient, less costly alternative to litigation devoid of due process safeguards, there is nothing inherent in private arbitration to prevent making the process fairer for employees. Second, there is a substantial payoff that justifies the work required by those on the left to transform these processes for the betterment of employees. That payoff is greater access to justice. Private arbitration holds the potential to eliminate institutional barriers that block access …

Public Employee Speech And Public Concern: A Critique Of The U.S. Supreme Court's Threshold Approach To Public Employee Speech Cases, 30 J. Marshall L. Rev. 121 (1996), Pengtian Ma

UIC Law Review

No abstract provided.

Taking The Public Out Of Determining Government Policy: The Need For An Appropriate Scope Of Bargaining Test In The Illinois Public Sector, 29 J. Marshall L. Rev. 531 (1996), Eric C. Scheiner

UIC Law Review

No abstract provided.

Legalizing Employment Discrimination: A Foolish And Dangerous Policy, 29 J. Marshall L. Rev. 587 (1996), Michael J. Leech

UIC Law Review

No abstract provided.

The Subtle Vices Of The Employment Discrimination Laws, 29 J. Marshall L. Rev. 575 (1996), Richard A. Epstein

UIC Law Review

No abstract provided.