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Articles 1 - 13 of 13

Full-Text Articles in Legislation

A Disability By Any Other Name Is Still A Disability: Log Cabin, The Disability Spectrum, And The Ada (Aa), Gabrielle L. Goodwin Jan 2009

A Disability By Any Other Name Is Still A Disability: Log Cabin, The Disability Spectrum, And The Ada (Aa), Gabrielle L. Goodwin

Articles by Maurer Faculty

In EEOC v. Lee's Log Cabin, the Seventh Circuit followed the Supreme Court precedent of the last decade that has increasingly narrowed the determination of what constitutes a disabled individual under the Americans with Disabilities Act. In 2008, Congress passed the ADA Amendments Act in an attempt to restore the ADA to its original purpose and the original vision of the ADA's drafters and supporters. Whether these amendments will produce dramatic changes in the way the administrative agencies and courts apply the ADA remains to be seen. Nonetheless, the only way the ADA or its amendments will successfully protect against …


Union Security Agreements Under The National Labor Relations Act: The Statute, The Constitution, And The Court's Opinion In Beck, Kenneth G. Dau-Schmidt Jan 1990

Union Security Agreements Under The National Labor Relations Act: The Statute, The Constitution, And The Court's Opinion In Beck, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

The Supreme Court's recent decision in Communications Workers of America v. Beck interpreted section 8(a)(3) of the National Labor Relations Act (NLRA) to prohibit the observance of agency shop agreements. By interpreting the statute in this way, the Court avoided the question of whether union security agreements under the NLRA are subject to constitutional scrutiny. The Court's determination that section 8(a)(3) does not allow agency shop agreements was an important decision affecting the enforceability of union security agreements in the vast majority of private sector bargaining agreements.

In this Article, Professor Dau-Schmidt criticizes the Court's interpretation of section 8(a)(3) in …


Discretionary Decisionmaking: The Application Of Title Vii's Disparate Impact Theory, Julia C. Lamber Jan 1985

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

Articles by Maurer Faculty

No abstract provided.


Alternatives To Challenged Employee Selection Criteria: The Significance Of Nonstatistical Evidence In Disparate Impact Cases Under Title Vii, Julia C. Lamber Jan 1985

Alternatives To Challenged Employee Selection Criteria: The Significance Of Nonstatistical Evidence In Disparate Impact Cases Under Title Vii, Julia C. Lamber

Articles by Maurer Faculty

In contrast to most recent commentary and a superficial reading of Supreme Court cases, Professor Lamber rehabilitates the concept of a distinct disparate impact theory under Title VII of the 1964 Civil Rights Act. She examines one important evidentiary question-the significance of alternative employee section criteria-to expose underlying policy questions often buried in technical questions of form. Others have argued that the Supreme Court's apparent analytical and evidentiary alignment of disparate impact and disparate treatment cases shows that Title VII bars only "intentional discrimination" and thus the purpose of alternatives evidence is quite limited. Professor Lamber presents a different view, …


The Protection Of Economic Pressure By Section 7 Of The National Labor Relations Act, Julius G. Getman Jan 1967

The Protection Of Economic Pressure By Section 7 Of The National Labor Relations Act, Julius G. Getman

Articles by Maurer Faculty

No abstract provided.


Procedural Arbitrability Under Section 301 Of The Lmra, Alan Schwartz Jan 1964

Procedural Arbitrability Under Section 301 Of The Lmra, Alan Schwartz

Articles by Maurer Faculty

No abstract provided.


Whither Hurried Hence -- The New Right To Work Amendment, Dan Hopson Jr. Jan 1959

Whither Hurried Hence -- The New Right To Work Amendment, Dan Hopson Jr.

Articles by Maurer Faculty

No abstract provided.


Proposed Procedure For Administering Heart Cases Under The Washington Industrial Insurance Act, Ivan C. Rutledge Jan 1956

Proposed Procedure For Administering Heart Cases Under The Washington Industrial Insurance Act, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.


The Contract Clause Of Action Under The Taft-Hartley Act, Leon Harry Wallace Jan 1949

The Contract Clause Of Action Under The Taft-Hartley Act, Leon Harry Wallace

Articles by Maurer Faculty

No abstract provided.


Is The Anti-Trust Law Anti-Labor?, Frank Edward Horack Jr. Jan 1940

Is The Anti-Trust Law Anti-Labor?, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.


The Wagner Act Decisions And Factual Technique In Public Law Cases, Ralph F. Fuchs, Walter Freedman Jan 1937

The Wagner Act Decisions And Factual Technique In Public Law Cases, Ralph F. Fuchs, Walter Freedman

Articles by Maurer Faculty

No abstract provided.


Collective Labor Agreements Under Administrative Regulation Of Employment, Ralph F. Fuchs Jan 1935

Collective Labor Agreements Under Administrative Regulation Of Employment, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Due Process Of Law In State Labor Legislation, Pt. 2, Fowler V. Harper Jan 1928

Due Process Of Law In State Labor Legislation, Pt. 2, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.