Labor and Employment Law Commons^™

Government Contracts, Social Legislation And Prevailing Woes: Enforcing The Davis Bacon Act, Lisa Morowitz

In the Public Interest

No abstract provided.

American Women Face Discrimination In Seeking Employment With And Working For Japanese Companies Operating In The United States, Percy R. Luney Jr.

North Carolina Central Law Review

No abstract provided.

Fetal Protection And The Exclusion Of Women From The Toxic Workplace, Allyson K. Duncan

North Carolina Central Law Review

No abstract provided.

Vol. 6, No. 2, Robert Perkovich, Michael Provines

The Illinois Public Employee Relations Report

Contents:

Subcontracting within the Confines of the Public Labor Relations Acts, by Robert Perkovich and Michael Provines

Privatization: A Management Perspective, Alan M. Levin, James K. Stucko, Jr.

Further References

The Federal Black Lung Program: Its Evolution And Current Issues, Allen R. Prunty, Mark E. Solomons

West Virginia Law Review

No abstract provided.

The Steelworkers' Trilogy And The Coal Miners' Trilogy: Is Discrimination An Exception To The Rule, Steven P. Mcgowan, Robert J. Schiavoni

West Virginia Law Review

No abstract provided.

Can Coal Miners Escape Black Lung--An Analysis Of The Coal Miner Job Transfer Program And Its Implications For Occupational Medical Removal Protection Programs, Emily A. Spieler

West Virginia Law Review

No abstract provided.

Procedural Provisions For Permanent Program Permit Applications, Walter F. Schellin

West Virginia Law Review

No abstract provided.

Hegel And Employment At Will: A Comment, Richard A. Posner

Cardozo Law Review

No abstract provided.

Work On A Labor Theory Of Meaning, Kenneth Casebeer

Cardozo Law Review

No abstract provided.

Comments On David Krell's "Lucinde's Shame: Hegel, Sensuous Woman, And The Law", Frances Olsen

Cardozo Law Review

No abstract provided.

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

Cardozo Law Review

No abstract provided.

"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

Changing The Rules Of The Game: Pension Plan Terminations And Early Retirement Benefits, Dana M. Muir

Michigan Law Review

This Note examines whether early retirement benefits are included among the liabilities that an employer must satisfy before that employer can receive a reversion of excess assets. Part I reviews the background of plan terminations and how they affect early retirement benefits. It also discusses the general structure of ERISA. Part II examines the controversy surrounding whether ERISA's definition of "accrued benefits" includes early retirement benefits. ERISA requires that employees receive all of their accrued benefits before the employers receive any reversions. However, the circuits have disagreed as to whether early retirement benefits are accrued benefits and, therefore, covered by …

"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler

William & Mary Law Review

No abstract provided.

Rational Decisions And Regulation Of Union Entry, Keith N. Hylton, Maria O'Brien

Faculty Scholarship

More than a decade after the publication of Law and Reality, the debate continues over the proper scope of election campaign regulation under the National Labor Relations Act (the "Act"). The issue has been whether employer efforts to dissuade employees from electing a union to represent them in collective bargaining actually influence the outcomes of elections. Several academic lawyers and social scientists have criticized one aspect or another of the Getman, Goldberg and Herman results (hereinafter the "Getman Study"), suggesting that many employer tactics have no effect on election outcomes, and that such tactics should not be regulated by …

Shop Talk: Conversations About The Constitutionality Of Our Labor Law, David M. Beatty

Osgoode Hall Law Journal

In this essay Professor Beatty joins the debate as to how, if at all, the Charter of Rights and Freedoms and the process of judicial review can be integrated with our tradition of democratic rule and the sovereignty of the popular will. Rather than deal directly with the arguments of those who are critical of the entrenchment of a written bill of rights, Professor Beatty endeavors to cast the Charter and the new role of the judges in the best possible light. Analogizing the process of constitutional review to "conversations of justification" (using examples drawn from the labour law field), …

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 Future Of Wrongful Dismissal Claims: Where Does Employer Self Interest Lie?, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Utah's New Mechanics' Lien Statute: Clarification For The Oil And Gas Industry, Alan A. Enke

Brigham Young University Journal of Public Law

No abstract provided.

The Crisis Of Private Law Its Not An Ideal Situation, Kenneth Casebeer

Cardozo Law Review

No abstract provided.

In The 1990'S The Government Must Be A Reasonable Person In Its Workplaces: The Discretionary Function Immunity Must Be Trimmed, Victor E. Schwartz, Liberty Mahshigian

Washington and Lee Law Review

No abstract provided.

The Post-Expiration Duty To Arbitrate: Disregarding The Nolde Presumption After An Impasse In Negotiations, Brian E. Nuffer

BYU Law Review

No abstract provided.

Circumventing Racism: Confronting The Problem Of The Affirmative Action Ideology, Christopher T. Wonnell

BYU Law Review

No abstract provided.

Hegel And The Dialectics Of Contract, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

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

All Faculty Scholarship

No abstract provided.

Clearing The Mixed-Motive Smokescreen: An Approach To Disparate Treatment Under Title Vii, Robert S. Whitman

Michigan Law Review

Part I of this Note describes the indirect-evidence inquiry of McDonnell Douglas and its basis in the policies underlying Title VII. Part II presents the various judicial treatments of cases where direct evidence is presented. These three major approaches reflect varying views of the burdens of proof regarding Title VII causation, and assume that the plaintiff has already shown some palpable level of discrimination. Part III describes Mt. Healthy City School District Board of Education v. Doyle, in which the Supreme Court first devised an approach to mixed motives. Although the Mt. Healthy analysis was developed for first amendment …

Future Disabilities Under New York’S Human Rights Law, Andrea Lisa Leeb

Cardozo Law Review

No abstract provided.

Employer Defamation: The Role Of Qualified Privilege, Pamela G. Posey

William & Mary Law Review

No abstract provided.

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

Cardozo Law Review

No abstract provided.