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Labor and Employment Law Commons™

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Labor Law

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Articles 181 - 210 of 348

Full-Text Articles in Labor and Employment Law

Breaking Through The Erisa Blockade: The Ability Of States To Access Employer Health Plan Information In Medicaid Expansion Initiatives, Barbara Zabawa Jan 2001

Breaking Through The Erisa Blockade: The Ability Of States To Access Employer Health Plan Information In Medicaid Expansion Initiatives, Barbara Zabawa

Faculty Works

The article discusses the challenges and potential solutions for states to access employer health plan information under the constraints of the Employment Retirement Income Security Act (ERISA) of 1974. It focuses on the importance of such access in supporting Medicaid expansion programs, using Wisconsin’s BadgerCare initiative as a case study. The article highlights the growing concern about "crowd out," where public health programs may displace employer-sponsored insurance, and argues for balanced public-private health coverage. It examines legal avenues for circumventing ERISA preemption, including federal law exceptions, Qualified Medical Child Support Orders (QMCSOs), and provisions under Title XIX of Medicaid. By …


International Governance And Domestic Convergence In Labor Law As Seen From The American Midwest, Matthew W. Finkin Jan 2001

International Governance And Domestic Convergence In Labor Law As Seen From The American Midwest, Matthew W. Finkin

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.


Response To Matthew W. Finkin And Catherine Barnard, Lynn Duggan Jan 2001

Response To Matthew W. Finkin And Catherine Barnard, Lynn Duggan

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.


Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2000

Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Business-Only E-Mail Policies In The Labor Organizing Context: It Is Time To Recognize Employee And Employer Rights, Allegra Kirsten Weiner May 2000

Business-Only E-Mail Policies In The Labor Organizing Context: It Is Time To Recognize Employee And Employer Rights, Allegra Kirsten Weiner

Federal Communications Law Journal

Cyberspace changed communication in the workplace. Now that employees are on employers' e-mail systems, union organizers can contact employees in the workplace, during working hours, without any of the obstacles that more traditional forms of union communication impose. Of course this new technologically-advanced labor organizing is ideal for the labor organizers, but it also interferes with the rights of employers. Which groups interests' prevail? Unfortunately there is no precedent. Normally, adherence to the National Labor Relations Board (NLRB) decisions is the answer but no case has come before the NLRB that solves this issue. Therefore, employers and employees are left …


The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces (With Martin H. Malin), Henry H. Perritt Jr. Mar 2000

The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces (With Martin H. Malin), Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces, (With Henry H. Perritt, Jr.), Martin H. Malin Feb 2000

The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces, (With Henry H. Perritt, Jr.), Martin H. Malin

All Faculty Scholarship

No abstract provided.


A New Agenda For International Human Rights: Economic Freedom, John O. Mcginnis Jul 1999

A New Agenda For International Human Rights: Economic Freedom, John O. Mcginnis

Articles

No abstract provided.


Private Amici Curaie And The Supreme Court's 1997-1998 Term Employment Law Jurisprudence, Andrew P. Morriss Apr 1999

Private Amici Curaie And The Supreme Court's 1997-1998 Term Employment Law Jurisprudence, Andrew P. Morriss

William & Mary Bill of Rights Journal

The amicus curiae brief has become a common occurrence in today's legal arena, especially with the proliferation of private interest groups that specialize in numerous topics of political and social interest. The substantial increase in the use of amici briefs, however, has sparked criticism concerning both the costs (in effort and resources) associated with filing these griefs and the persuasive effect (or lack thereof) the briefs have on the Court. Much of this criticism arises from the failure of many interest groups to posit "legal" arguments that apply the facts of a given case to the law. Instead, the amici …


Labor Law - The Substance Of Procedure: Defining Judicial Authority And The Role Of The Arbitrator In Independent Association Of Continental Pilots V. Continental Airlines, Wendy A. Tyson Jan 1999

Labor Law - The Substance Of Procedure: Defining Judicial Authority And The Role Of The Arbitrator In Independent Association Of Continental Pilots V. Continental Airlines, Wendy A. Tyson

Villanova Law Review (1956 - )

No abstract provided.


Labor Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 1998

Labor Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Black Lung Claims And Appeal In The Third Circuit: Which Way Do I Go - Mancia V. Director, Office Of Workers' Compensation Programs, Joseph N. Frabizzio Jan 1998

Black Lung Claims And Appeal In The Third Circuit: Which Way Do I Go - Mancia V. Director, Office Of Workers' Compensation Programs, Joseph N. Frabizzio

Villanova Law Review (1956 - )

No abstract provided.


Modern Discrimination Theory And The National Labor Relations Act, Rebecca Hanner White Oct 1997

Modern Discrimination Theory And The National Labor Relations Act, Rebecca Hanner White

William & Mary Law Review

No abstract provided.


Labor Law - Antol V. Esposto: The Third Circuit Expands Preemption Under The Labor Management Relations Act, Joshua H. Grabar Jan 1997

Labor Law - Antol V. Esposto: The Third Circuit Expands Preemption Under The Labor Management Relations Act, Joshua H. Grabar

Villanova Law Review (1956 - )

No abstract provided.


A Case Of Misplaced Priorities: A Proposed Solution To Resolve The Apparent Conflict Between Sections 507 And 1113 Of The Bankruptcy Code, Steven Kropp Jan 1997

A Case Of Misplaced Priorities: A Proposed Solution To Resolve The Apparent Conflict Between Sections 507 And 1113 Of The Bankruptcy Code, Steven Kropp

Cardozo Law Review

A single corporate bankruptcy is like a pebble thrown into a pond: the ripples keep extending out. Every bankruptcy filing has negative consequences for the corporation's creditors, including its workers. Indeed, a corporate bankruptcy may push many small creditors over the financial brink and even force some of them to file for bankruptcy.


Gender In The Law Of Slavery In The Antebellum United States, Andrew T. Fede Nov 1996

Gender In The Law Of Slavery In The Antebellum United States, Andrew T. Fede

Cardozo Law Review

In her thought-provoking paper Finding Sojourner's Truth: Race, Gender, and the Institution of Property, Cheryl I. Harris explores the connections between slavery, race, and gender in the law of the antebellum United States. Harris acknowledges that slaves alone were defined as property at law, and, therefore,*the legal status of slaves differed from free white women and free black women. She also acknowledges that "white women" were allowed property rights on "male-defined terms" but asserts, nevertheless, that free women could be considered as a form of property.


“Doubly Condemned”: Adjustments To The Crime And Punishment Regime In The Late Slavery Period In The British Caribbean Colonies, Anthony De V. Phillips Nov 1996

“Doubly Condemned”: Adjustments To The Crime And Punishment Regime In The Late Slavery Period In The British Caribbean Colonies, Anthony De V. Phillips

Cardozo Law Review

Several good reasons must have led Michael Craton to choose the title for his very useful work, Searching for the Invisible Man: Slaves and Plantation Life in Jamaica. In the area of slavery and criminal sanctions, however, there is great difficulty with the idea of the "invisibility" of black people. Blacks were, in fact, "evervisible." Indeed, in view of their numbers and ubiquity, the slaves were at the forefront of the minds and concerns of all white people. This was especially true for the dominant political elite who made the laws and controlled the system of the administration of …


Keeping The Government Out Of The Way: Project Labor Agreements Under The Supreme Court's Boston Harbor Decision, Henry H. Perritt Jr. Mar 1996

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.


The Business Necessity Defense In Disparate Impact Discrimination Cases, Susan Grover Jan 1996

The Business Necessity Defense In Disparate Impact Discrimination Cases, Susan Grover

Faculty Publications

No abstract provided.


Crafting A Corporate Code From Scratch, Uriel Procaccia Jan 1996

Crafting A Corporate Code From Scratch, Uriel Procaccia

Cardozo Law Review

In the summer of 1982 1 was contacted by the incumbent Minister of Justice of the State of Israel, Mr. Moshe Nissim. Nissim asked me to accept the commission of drafting a brand new and fully cohesive corporate code to replace our current, antiquated Companies Ordinance. I consented at once. Having consented, it occurred to me to reflect on the meaning of that little word, "cohesive," which was used-quite inadvertently, I presume-in Minister Nissim's solicitation. I finally came to interpret it as a sort of puzzle, or perhaps a quiz, which the resulting product, the corporate code, was crafted to …


Reinventing Labor Law: A Rejoinder, Tamara Lothian Mar 1995

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 …


Labor Law - Post-Expiration Arbitrability Under Collective Bargaining Agreements In The Third Circuit, Ramona Mariani Jan 1995

Labor Law - Post-Expiration Arbitrability Under Collective Bargaining Agreements In The Third Circuit, Ramona Mariani

Villanova Law Review (1956 - )

No abstract provided.


Revisiting The Corporatist And Contractualist Models Of Labor Law Regimes: A Review Of The Brazilian And American Systems, Stanley A. Gacek Aug 1994

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.


Afterword: Labor Law Reform: Waiting For Congress?, Martin H. Malin Feb 1993

Afterword: Labor Law Reform: Waiting For Congress?, Martin H. Malin

All Faculty Scholarship

No abstract provided.


Privatizing Justice: A Jurisprudential Perspective On Labor And Employment Arbitration From The Steelworkers Trilogy To Gilmer (With R. Ladenson), Martin H. Malin Feb 1993

Privatizing Justice: A Jurisprudential Perspective On Labor And Employment Arbitration From The Steelworkers Trilogy To Gilmer (With R. Ladenson), Martin H. Malin

All Faculty Scholarship

No abstract provided.


Public Employees' Rights To Strike: Law And Experience, Martin H. Malin Feb 1993

Public Employees' Rights To Strike: Law And Experience, Martin H. Malin

All Faculty Scholarship

No abstract provided.


The Supreme Court And The Duty Of Fair Representation, Martin H. Malin Feb 1992

The Supreme Court And The Duty Of Fair Representation, Martin H. Malin

All Faculty Scholarship

No abstract provided.


Labor Law - The Current Scope Of Weingarten Rights In The Third Circuit, Stephen Donweber Jan 1992

Labor Law - The Current Scope Of Weingarten Rights In The Third Circuit, Stephen Donweber

Villanova Law Review (1956 - )

No abstract provided.


Labor Law - When Can A District Court Enjoin A Union Lawsuit As A Possible Unfair Labor Practice, Daniel J. Brennan Jan 1992

Labor Law - When Can A District Court Enjoin A Union Lawsuit As A Possible Unfair Labor Practice, Daniel J. Brennan

Villanova Law Review (1956 - )

No abstract provided.


Deconstruction And Cultural Criticism, J. Hillis Miller Dec 1991

Deconstruction And Cultural Criticism, J. Hillis Miller

Cardozo Law Review

No abstract provided.