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Labor and Employment Law Commons™

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Labor Law

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Articles 211 - 240 of 348

Full-Text Articles in Labor and Employment Law

Pregnancy And Parental Care Policies In The United States And The European Community: What Do They Tell Us About Underlying Societal Values, Anne M. Lofaso Jul 1991

Pregnancy And Parental Care Policies In The United States And The European Community: What Do They Tell Us About Underlying Societal Values, Anne M. Lofaso

Law Faculty Scholarship

Reaction to Felice Schwartz article, "Management Women and the New Facts of Life,"1 has added a new question to the already heated debate surrounding issues of gender discrimination: to what extent are

current pregnancy and parental care policies instruments of discrimination? This paper will explore this question by focusing on the extent to which pregnancy and parental care laws and policies in the United States and the European Community help to subordinate those women who take advantage of maternity "benefits" as well as the class of women in general.

An examination of pregnancy and parental care leave is a legitimate …


Back To The Future Of Labor Law, Matthew W. Finkin Apr 1991

Back To The Future Of Labor Law, Matthew W. Finkin

William & Mary Law Review

No abstract provided.


The Ultimate Injustice: When A Court Misstates The Facts, Anthony D'Amato Jul 1990

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

Cardozo Law Review

No abstract provided.


Foreword: Labor Arbitration Thirty Years After The Steelworkers Trilogy, (Symposium Editor), Martin H. Malin Feb 1990

Foreword: Labor Arbitration Thirty Years After The Steelworkers Trilogy, (Symposium Editor), Martin H. Malin

All Faculty Scholarship

No abstract provided.


Firm-Specific Human Capital Investments And Hegelian Ethics: A Comment On Cornell And Posner, Jonathan R. Macey Feb 1990

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

Cardozo Law Review

No abstract provided.


Section 301'S Preemption Of State Law Claims: A Model For Analysis, Rebecca White Jan 1990

Section 301'S Preemption Of State Law Claims: A Model For Analysis, Rebecca White

Scholarly Works

Congress, in section 301(a) of the Labor Management Relations Act, has provided a cause of action for breach of a collective bargaining agreement. This statute has long been interpreted as ousting state law claims for breach of contract when the contract involved is a collective bargaining agreement.

To what extent Congress, in enacting section 301, intended to foreclose other state law claims by the parties to or the individuals covered by a collective bargaining agreement is an issue that has recently gained prominence. The Supreme Court has decided four such cases unanimously in the last four years.

Such contemporary and …


Retaliatory Discharge For Workers' Compensation: Do Union Employees Need A State Tort, Scott N. Gelfand Dec 1989

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

Cardozo Law Review

No abstract provided.


Work On A Labor Theory Of Meaning, Kenneth Casebeer Apr 1989

Work On A Labor Theory Of Meaning, Kenneth Casebeer

Cardozo Law Review

No abstract provided.


Dialogic Reciprocity And The Critique Of Employment At Will, Drucilla Cornell Apr 1989

Dialogic Reciprocity And The Critique Of Employment At Will, Drucilla Cornell

Cardozo Law Review

No abstract provided.


Aspects Of Labor Law Affecting Labor-Management Cooperation In The Railroad And Airline Industries, Henry H. Perritt Jr. Mar 1989

Aspects Of Labor Law Affecting Labor-Management Cooperation In The Railroad And Airline Industries, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


The Evolving Law Of Agency Shop In The Public Sector, Martin H. Malin Feb 1989

The Evolving Law Of Agency Shop In The Public Sector, Martin H. Malin

All Faculty Scholarship

No abstract provided.


Labor, Management, And The First Amendment: Whose Rights Are These, Anyway?, Richard Michael Fischl Feb 1989

Labor, Management, And The First Amendment: Whose Rights Are These, Anyway?, Richard Michael Fischl

Cardozo Law Review

No abstract provided.


Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy Oct 1988

Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy

Cardozo Law Review

No abstract provided.


National Socialism And German Jurisprudence From 1933 To 1945, Arthur Kaufmann Aug 1988

National Socialism And German Jurisprudence From 1933 To 1945, Arthur Kaufmann

Cardozo Law Review

No abstract provided.


The Legal Status Of Union Security Fee Arbitration After Chicago Teachers Union V. Hudson, Martin H. Malin Feb 1988

The Legal Status Of Union Security Fee Arbitration After Chicago Teachers Union V. Hudson, Martin H. Malin

All Faculty Scholarship

No abstract provided.


Labor Law - The Effect Of A General No-Strike Clause On The Right To Sympathy Strike: A Clear And Unmistakable Waiver, Richelle Sandmeyer Maestro Jan 1988

Labor Law - The Effect Of A General No-Strike Clause On The Right To Sympathy Strike: A Clear And Unmistakable Waiver, Richelle Sandmeyer Maestro

Villanova Law Review (1956 - )

No abstract provided.


Employment At Will: The French Experience As A Basis For Reform, Madeleine M. Plasencia Jan 1988

Employment At Will: The French Experience As A Basis For Reform, Madeleine M. Plasencia

Articles

Roughly one-quarter of the workers in the United States are represented by unions, leaving three-quarters subject to the vicissitudes of the employment-at-will doctrine.' At-will employees, as a general matter, lack protection against dismissal without cause.2 That is, an employer may dismiss an "at will" employee without notice, "for good reason, bad reason or no reason at all," so long as the proffered reasons for dismissal do not violate random whistle-blowing provisions or federal and state anti-discrimination statutes.' The mirror image of the employer's right to dismiss at will is the right of an employee who was hired to perform work …


Divided We Stand: Concerted Activity And The Maturing Of The Nlra, B. Glenn George Jan 1988

Divided We Stand: Concerted Activity And The Maturing Of The Nlra, B. Glenn George

Faculty Publications

No abstract provided.


Is Fraudulent Conveyance Law Efficient?, David G. Carlson Dec 1987

Is Fraudulent Conveyance Law Efficient?, David G. Carlson

Cardozo Law Review

No abstract provided.


When Enough Is Too Much: Overcollateralization As A Fraudulent Conveyance, Richard J. Sabella Dec 1987

When Enough Is Too Much: Overcollateralization As A Fraudulent Conveyance, Richard J. Sabella

Cardozo Law Review

No abstract provided.


The Judicial Performance Of Robert H. Bork In Administrative And Regulatory Law, Richard B. Stewart Oct 1987

The Judicial Performance Of Robert H. Bork In Administrative And Regulatory Law, Richard B. Stewart

Cardozo Law Review

No abstract provided.


Has Labor Law Failed--A Rejoinder To Richard Trumka, Marion Crain-Mountney Jun 1987

Has Labor Law Failed--A Rejoinder To Richard Trumka, Marion Crain-Mountney

West Virginia Law Review

No abstract provided.


Comments On Richard Trumka's Why Labor Law Has Failed, Lance Compa Jun 1987

Comments On Richard Trumka's Why Labor Law Has Failed, Lance Compa

West Virginia Law Review

No abstract provided.


Has Labor Law Failed--A Management View, Joseph Price Jun 1987

Has Labor Law Failed--A Management View, Joseph Price

West Virginia Law Review

No abstract provided.


Richard L. Trumka's Rebuttal To Responses To Why Labor Law Has Failed, Richard L. Trumka Jun 1987

Richard L. Trumka's Rebuttal To Responses To Why Labor Law Has Failed, Richard L. Trumka

West Virginia Law Review

No abstract provided.


Why Labor Law Had Failed, Richard L. Trumka Jun 1987

Why Labor Law Had Failed, Richard L. Trumka

West Virginia Law Review

No abstract provided.


The Capricious Lure Of Labor Law Regulation, Laurence E. Gold Jun 1987

The Capricious Lure Of Labor Law Regulation, Laurence E. Gold

West Virginia Law Review

No abstract provided.


Mr. Trumka: If It Ain't Broke, Don't Fix It, Robert M. Steptoe Jr. Jun 1987

Mr. Trumka: If It Ain't Broke, Don't Fix It, Robert M. Steptoe Jr.

West Virginia Law Review

No abstract provided.


Unjust Dismissal Of Employees At Will: Are Disclaimers A Final Solution?, Patricia M. Lenard Jan 1987

Unjust Dismissal Of Employees At Will: Are Disclaimers A Final Solution?, Patricia M. Lenard

Fordham Urban Law Journal

This Note maintains that courts should use a balancing approach in the analysis of wrongful discharge disputes. It first discusses the historical foundations of the employment at will doctrine. It then critically examines the current status of the four theories used to weaken this doctrine. It next analyzes four possible resolutions to employer/employee conflicts in the context of employment terminations. These resolutions include: (1) unionization of those employees who want protection; (2) judicial decree to define the current status and direction of the law, including disclaimers in personnel applications or manuals; (3) voluntary approaches by employers that would insure fair …


Employment Discrimination - The Age Discrimination In Employment Act Permits Recovery Of Liquidated Damages Only Upon Showing Of Employer's Outrageous Conduct In Violating The Act, Jeffrey M. Zimskind Jan 1987

Employment Discrimination - The Age Discrimination In Employment Act Permits Recovery Of Liquidated Damages Only Upon Showing Of Employer's Outrageous Conduct In Violating The Act, Jeffrey M. Zimskind

Villanova Law Review (1956 - )

No abstract provided.