Labor and Employment Law Commons^™

Sexual Equality Before The Silver Oar: Lifting The Fog On Women, Ships, And The Law Of Admiralty, Robert M. Jarvis

Cardozo Law Review

No abstract provided.

Employment At Will And Scientific Management: The Ideology Of Workplace Control, Raymond L. Hogler

Hofstra Labor & Employment Law Journal

No abstract provided.

Campaign Misrepresentations Since Midland National Life: A Survey And Appraisal, Douglas M. Lieberman

Hofstra Labor & Employment Law Journal

No abstract provided.

State Anti-Strikebreaker Laws: Unconstitutional Interference With Employers' Right To Self-Help, I. Walter Fisher, James J. Mcdonald Jr.

Hofstra Labor & Employment Law Journal

No abstract provided.

No Place To Go After 60: The Plight Of Pilots And Flight Engineers In The Airline Industry, Amy Gibbons

Hofstra Labor & Employment Law Journal

No abstract provided.

The Duty Of Fair Representation: What The Courts Do In Fact, Michael J. Goldberg

Buffalo Law Review

No abstract provided.

Review Essay On Affirmative Action, Leslie C. Griffin

Scholarly Works

No abstract provided.

Fair Employement Of The Handicapped In Texas., Bennett L. Stahl

St. Mary's Law Journal

The Commission on Human Rights Act may help prevent discrimination against handicapped individuals and ensure they have adequate employment opportunities in Texas. Employment discrimination against handicapped individuals often happens because of unfair job qualifications, or fair qualifications they would be able to meet if employers made reasonable accommodations. Establishing legal mechanisms to ensure fair opportunity for handicapped citizens to obtain employment is a comparatively new goal of American jurisprudence. The Federal Rehabilitation Act in 1973 made significant progress in fair employment practices. Texas made more progress by establishing the Commission on Human Rights Act, which creates a commission in charge …

Employee's Allegation Of Wrongful Termination For Failing To Comply With Illegal Order By Employer States Cause Of Action., Alton Craig Chapman

St. Mary's Law Journal

Abstract Forthcoming.

The Strange New World Of United States Export Controls Under The International Emergency Economic Powers Act, Joel B. Harris, Jeffrey P. Bialos

Vanderbilt Journal of Transnational Law

This Article examines whether the President's reauthorization of the Regulations is within the scope of the authority provided by IEEPA and explores the potential long term consequences of "life under IEEPA" for the United States system of export and boycott-related controls.

Section I analyzes whether the President's emergency powers under the IEEPA permit the maintenance of regulations originally promulgated under a statute that has since lapsed (i.e. the EAA). The Article demonstrates that when Congress promulgated the IEEPA, Congress expressly evinced its intent to give the President broad emergency authority to regulate exports and boycott-related practices during periods of the …

Deferral To Arbitration: Accommodation Of Competing Statutory Policies, Mark A. Shank

Hofstra Labor & Employment Law Journal

No abstract provided.

City Disposal Systems And The Interboro Doctrine: The Evolution Of The Requirement Of "Concerted Activity" Under The National Labor Relations Act, Raymond T. Mak

Hofstra Labor & Employment Law Journal

No abstract provided.

The Effect Of Veterans’ Reemployment Rights, Veterans Preference Laws, And Protective Labor Laws On The Status Of Women Workers In The World War Ii Period, Steven Lim

Hofstra Labor & Employment Law Journal

No abstract provided.

The 1982 New York Legal Aid Strike: Ethical Implications Under The Code Of Professional Responsibility, Randy Lee Arthur

Hofstra Labor & Employment Law Journal

No abstract provided.

Reinstatement: A Remedy For An Employer's Violation Of A Handbook Or Written Employment Policy, Kurt S. Decker

Hofstra Labor & Employment Law Journal

No abstract provided.

The Affirmative Action Controversy, Mitchell H. Rubinstein

Hofstra Labor & Employment Law Journal

This Article summarizes the law of affirmative action and argues that affirmative action constitutes reverse discrimination. If equal opportunity were truly the goal, then preference could be given based upon economic status. However, racial classifications should never be used - particularly after you consider this nations history of permitting discrimination.

A Proposal For Extension Of The Occupational Safety And Health Act To Indian-Owned Businesses On Reservations, Maureen M. Crough

University of Michigan Journal of Law Reform

This Note argues that the Act does not apply to Indian businesses because it does not specifically mention them. While sensitive to the desirability of providing certain kinds of federal protections to all Americans, this Note takes the position that the sovereignty of Indian tribes should not be abrogable except by considered and express congressional action. Concluding nonetheless that the workplace protection the Occupational Safety and Health Act provides should be extended to Indians on reservations, the Note proposes amendment of the Act: to extend its protection; to permit tribal enforcement; and to authorize the federal government to help financially …

Discretionary Decisionmaking: The Application Of Title Vii's Disparate Impact Theory, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

Union Organizing And Public Policy: Failure To Secure First Contracts, William N. Cooke

Upjohn Press

Investigates factors that explain why 25-30 percent of the time unions fail to obtain collective bargaining agreements after winning the right to negotiate.

Obscenities In The Workplace: A Comment On Foul And Fair Expression And Status Relationships, James B. Atleson

Journal Articles

No abstract provided.

The German And British Roots Of American Workers' Compensation Systems: When Is An Intentional Act Intentional, Michael L. Perlin

Articles & Chapters

No abstract provided.

The Implicit Assumptions Of Labor Law Scholarship—Making Sense Of The Last Fifty Secondary Boycott Decisions, Or How I Spent My Summer Vacations, James B. Atleson

Journal Articles

No abstract provided.

Reflections On Labor, Power, And Society, James B. Atleson

Journal Articles

No abstract provided.

The Circle Of Boys Market: A Comment On Judicial Inventiveness, James B. Atleson

Journal Articles

No abstract provided.

The Validity Of Court-Ordered Employment Quotas: A Statutory And Constitutional Analysis, Paul E. Mirengoff

University of Richmond Law Review

Although Title VII of the Civil Rights Act of 1964 has produced more than its share of difficult legal and moral issues, none has sparked more controversy than the question of the validity of hiring and promotion quotas. This issue has fueled continuous debate in the popular press and in scholarly journals. It has long divided former allies in the fight for civil rights legislation, and has even divided the two government agencies charged with primary responsibility for enforcing anti-discrimination laws, the Department of Justice and the Equal Employment Opportunity Commission (EEOC).

Fighting City Hall With The Equality Rights Provisions Of The Canadian Charter Of Rights And Freedoms, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Protecting A Union Member's Right To Resign-Resolution Of The Conflict Between Dalmo Victor And Rockford-Beloit, Laura A. Norman

Vanderbilt Law Review

This Recent Development contends that a union restriction on a member's right to resign constitutes an unfair labor practice under section 8(b)(1)(A). Part II of this Recent Development focuses on judicial and Board treatment of the inherent conflict between an employee's section 7 right to refrain from collective activity and a union's authority to regulate internal affairs.

Part III examines three recent decisions addressing a union's authority to restrict a member's right to resign. Finally, part IV suggests that the Supreme Court should apply the Scofield v. NLRB three-part test to union rules restricting resignation. Part IV also asserts that …

Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins

Faculty Publications

No abstract provided.

The Revision Of Employment-At-Will Enters A New Phase, Theodore J. St. Antoine

Articles

The most significant development in the whole field of labor law during the past decade was the growing willingness of the courts to modify the traditional doctrine of employment-at-will. Applying either tort or contract theory, or both, judges in some thirty jurisdictions declared their readiness to blunt the worst rigors of the rule that an employment contract of indefinite duration can be terminated by either party at any time for any reason. These dramatic breakthroughs evoked almost universal acclaim from disinterested commentators, primarily on the grounds of simple justice. Now we may be entering a new phase of consolidation, refinement, …

Labor Law - National Labor Relations Board Must Defer To Private Arbitration Committee's Decision To Uphold Dismissal Of Employees If Such Decision Plausibly Was Based On Committee's Finding That The Employees Were Supervisors Unprotected By National Labor Relations Act, Jay Eisenhofer

Villanova Law Review (1956 - )

No abstract provided.