Labor and Employment Law Commons^™

Confronting Judicial Values: Rewriting The Law Of Work In A Common Law System, James Atleson

Buffalo Law Review

No abstract provided.

Town & Country Electric, Inc. V. National Labor Relations Board: Salts: We're Employees--What Happens Now, Kenneth N. Dickens

West Virginia Law Review

No abstract provided.

Employment Law Dilemmas: What To Do When The Law Forbids Compliance, Steven C. Bednar

Brigham Young University Journal of Public Law

No abstract provided.

Covenants Not To Compete In Utah: A Useful Tool For Employers, Carolyn Cox

Brigham Young University Journal of Public Law

No abstract provided.

The Effort To Stop Abuse Of Foreign Workers In The U.S. Commonwealth Of The Northern Mariana Islands, Greg Holloway

Washington International Law Journal

This comment examines the problem of foreign worker abuse in the U.S. Commonwealth of the Northern Mariana Islands ("NMI"). The United States and the NMI have a unique relationship governed by an agreement known as the "Covenant." The Covenant creates fundamental barriers which will limit the effectiveness of federal efforts to resolve the foreign worker abuse problem in the NMI. This comment demonstrates that a balanced effort of prosecutions by both governments under U.S. federal labor law and NMI criminal law is needed to protect the well being of foreign workers in the NMI.

House Rules: Is A Supermajority Requirement For Tax Hikes Constitutional?, John O. Mcginnis, Michael B. Rappaport, Susan Low Bloch

Articles

No abstract provided.

Re Coca-Cola Bottling Ltd And Retail, Wholesale And Department Store Union, Local 1065, Innis Christie

Innis Christie Collection

Union policy grievances alleging breach of the Collective Agreement between the Union and T.C.C. Bottling Ltd., amended and kept in force between these parties by the Memorandum of Agreement dated October 19, 1993, which the parties agreed is the Collective Agreement that governs this matter, and in particular of Articles 2, 8, 13 and 22, in that the Employer employed people who were not union members to do bargaining work in the service department. The Union requested that the Employer be ordered to pay damages to employees on lay-off who should have done the work in question.

Critical Race Praxis: Race Theory And Political Lawyering Practice In Post-Civil Rights America, Eric K. Yamamoto

Michigan Law Review

At the end of the twentieth century, the legal status of Chinese Americans in San Francisco's public schools turns on a requested judicial finding that a desegregation order originally designed to dismantle a system subordinating nonwhites now invidiously discriminates against Chinese Americans. Brian Ho, Patrick Wong, and Hilary Chen, plaintiffs in Ho v. San Francisco Unified School District, represent "all [16,000] children of Chinese descent" eligible to attend San Francisco's public schools. Their high-profile suit, filed by small-firm attorneys, challenges the validity of a 1983 judicial consent decree desegregating San Francisco's schools. Approved in response to an NAACP class action …

Working For Women's Employment Rights In Poland, Kristin Long

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

Pre-Employment Screening And Investigation: Navigating Between A Rock And A Hard Place, Stephen F. Befort

Hofstra Labor & Employment Law Journal

No abstract provided.

Vol. 14, No. 1, Gia L. Morris

The Illinois Public Employee Relations Report

Contents:

The Fair Labor Standards Act: DOL's Salary Basis Test and Its Impact on Public Sector Employers, by Gia L. Morris

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

The Failure Of Gissel Bargaining Orders, Terry A. Bethel, Catherine Melfi

Hofstra Labor & Employment Law Journal

No abstract provided.

Maintaining Employees' Privacy Of Hiv And Aids Information In The Workplace, Erika L. Greenfield

Hofstra Labor & Employment Law Journal

No abstract provided.

Trade Policy Harmonization: Too Much Of A Good Thing?, Alexander W. Sierck

Michigan Journal of International Law

Review of Fair Trade and Harmonization: Prerequisites for Free Trade? by Jagdish N. Bhagwati & Robert E. Hudec

The Personal Responsibility And Work Opportunity Act Of 1996: Poison Pills For Legal Immigrants, Meredith Barton, Deborah M. Chandler

Richmond Journal of Law and the Public Interest

Former president Ronald Reagan's vision of America as this shining city ended Thursday, August 23, 1996, when President Bill Clinton signed his name to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, considered the most farreaching welfare reform package in history. Although the Congressional Budget Office (CBO) estimates that the federal government will save over $57 billion between fiscal year 1997 and fiscal year 2002, this welfare reform package profoundly impacts immigrants, particularly legal immigrants. Overall 44% of federal savings (approximately $23.8 billion) stems from denying public assistance benefits to legal immigrants. This new welfare legislation directly …

"Let's Call It A Draw": Striker Replacements And The Mackay Doctrine, Rafael Gely, Leonard Bierman

Faculty Publications

In a recent article we discuss the issue of the use of permanent replacements for striking employees under the National Labor Relations Act (NLRA) Our discussion focuses on the efficiency aspects of the seminal 1938 case of NLRB v. Mackay Radio and Telegraph Co. In the article, we propose a “negotiations” approach, which we argue is likely to result in a more economically efficient interpretation of the Mackay doctrine. As has been the case with other proposals made with respect to this very contentious issue, our proposal has confronted some criticism. Professor William R. Corbett, in a recent piece in …

Br(E)King The Exploitation Of Labor?: Tensions Regarding The Welfare Workforce, David L. Gregory

Fordham Urban Law Journal

This Article examines the deep human rights concerns within the transmogrifying world of work, focusing on the integral part that work plays in the definition, construction, maintenance, and enhancement of the social contract in the context of the New York City welfare workforce. Part I reviews the "employee"/partner/independent contractor distinctions, focusing on recent case law, the regulatory tax regime, and related issues. Part II examines the complex pressures that workfare legislation will exert throughout most sectors of the workforce and the unemployed. Part III explores the role of Catholic social teachings on workers' rights as well as the reemergence of …

Protections For Erisa Self-Insured Employee Welfare Benefit Plan Participants: New Possibilities For State Action In The Event Of Plan Failure, Mark A. Edwards

Faculty Scholarship

Employees who receive health benefits through ERISA self-insured plans need protection when self-insured plans fail. Because of the breadth of ERISA preemption, states have been unable to assess ERISA self-insured plans for contribution to state insurance guaranty funds, and thus have been unable to include those employees in the protection of those funds. Further, attempts at federal reform to protect these employees have failed to garner support. However, under the recent Travelers, United Wire, and Safeco decisions, it may be possible for states to assess ERISA self-insured funds and their participants through a combination of hospital use surcharges and taxes …

United States. V. Virginia New Gender Equal Protection Analysis With Ramifications For Pregnancy, Parenting And Title Vii, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

ABSTRACT: In this Article, Professor Kovacic-Fleischer argues that the Supreme Court's recent decision in United States v. Virginia raises gender equal protection analysis to the level of strict scrutiny. Professor Kovacic-Fleischer asserts that the Court's refusal to accept as immutable VMI's single-sex institutional design, and the Court's requirement that VMT make adjustments and alterations that will enable qualified women to undertake VM's curriculum evidences this shift in gender equal protection analysis. Professor Kovacic-Fleischer then turns to the significance of the Court's citation to California Federal Savings & Loan Association v. Guerra. She asserts that this citation indicates that the Court …

Writing Wrongs In Welfare: Why Legislating Morality Will Not Solve The Crisis Of Poverty, Daniela Kraiem

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Fraudulent, Negligent, And Innocent Misrepresentation In The Employment Context: The Deceitful, Careless, And Thoughtless Employer, Frank J. Cavico

Campbell Law Review

This article strives to sort through the sundry ramifications of the law of misrepresentation. Accordingly, the three major classifications of misrepresentation - fraudulent, negligent, and innocent - will be differentiated clearly and then examined extensively. The elements constituting each category of misrepresentation action will be explained and illustrated. The article will focus upon the nature and extent of the tort action available to an aggrieved party who was induced to enter into a transaction or relationship by the misrepresentation of another. This tort analysis will include not only the traditional cause of action of deceit, but also the emerging tort …

The Railway Labor Act Of 1926 And Modern-Day Airline Labor Strife: Progress Toward Labor Peace Begins With Overruling Williams V. Jacksonville Terminal Co., Mark A. Schuler

Seattle University Law Review

This Comment argues that Williams v. Jacksonville Terminal Co. either should be overruled, or should be appropriately limited to the fact-specific setting under which it was decided. To develop this thesis, Part II of this Comment will discuss both the history of labor unrest which drove Congress to pass the RLA and the design features of the RLA legislation which facilitate an atmosphere of cooperative bargaining through which the RLA dispute resolution system operates. Part III will discuss the first impression Williams case, wherein the Supreme Court gave an overly restrictive interpretation to the RLA, and will also discuss the …

Restoring Regard For The Regarded As Prong: Giving Effect To Congressional Intent, Arlene B. Mayerson

Villanova Law Review (1956 - )

No abstract provided.

Questioning The Questionnaires: Bar Admissions And Candidates With Disabilities, Stanley S. Herr

Villanova Law Review (1956 - )

No abstract provided.

E-Mail In The Workplace And The Right Of Privacy, Kevin J. Baum

Villanova Law Review (1956 - )

No abstract provided.

Workers' Compensation: Temporary Employees And The Exclusiveness-Of-Remedy Provision, Brian C. Baugh

Kentucky Law Journal

No abstract provided.

The First American Case Under The North American Agreement For Labor Cooperation, Sarah Lowe

University of Miami Law Review

No abstract provided.

The Law Of Arbitration, Theodore J. St. Antoine

Book Chapters

The law did not look kindly on arbitration in its infancy. As a process by which two or more parties could agree to have an impartial outsider resolve a dispute between them, arbitration was seen as a usurpation of the judiciary' sown functions, as an attempt to "oust the courts of jurisdiction." That was the English view, and American courts were similarly hostile. They would not order specific performance of an executory (unperformed) agreement to arbitrate, nor grant more than nominal damages for the usual breach. Only an arbitral award actually issued was enforceable at common law. All this began …

Coverage Of Psychiatric Disorders Under The Americans With Disabilities Act, Peggy R. Mastroianni, Carol R. Miaskoff

Villanova Law Review (1956 - )

No abstract provided.

The New Genetic Age: Do Our Genes Make Us Disabled Individuals Under The Americans With Disabilities Act, Mark S. Dichter, Sarah E. Sutor

Villanova Law Review (1956 - )

No abstract provided.