Labor and Employment Law Commons^™

Founding Worker Cooperatives: Social Movement Theory And The Law, Ariana R. Levinson

Nevada Law Journal

No abstract provided.

Unions And Campaign Finance Litigation, Charlotte Garden

Nevada Law Journal

No abstract provided.

Citizenship At Work: How The Supreme Court Politically Marginalized Public Employees, Ruben J. Garcia

Nevada Law Journal

No abstract provided.

Unions As Conduits Of Democratic Voice For Non-Elites: Worker Politicization From The Shop Floor To The Halls Of Congress, Michael Wasser, J. Ryan Lamare

Nevada Law Journal

In a presidential election year that saw candidates spend record sums to show they can best represent middle class voters, data reveals politicians have become significantly wealthier than their middle class constituents. This paper proposes an initial model for understanding how unions facilitate and support economic non-elite political candidates, thereby helping to increase political pluralism. Drawing upon social identity theory, we argue that unions enable economic non-elites to develop political skill sets through experience in the traditional industrial relations process and access to union membership opportunities. We test this model through case study analysis and propose opportunities for further research.

Undermining Or Promoting Democratic Government?: An Economic And Empirical Analysis Of The Two Views Of Public Sector Collective Bargaining In American Law, Kenneth G. Dau-Schmidt, Mohammad Khan

Nevada Law Journal

No abstract provided.

Sewer Syndicalism: Worker Self-Management In Public Services, Eric M. Fink

Nevada Law Journal

No abstract provided.

Women, Unions, And Negotiation, Nicole Buonocore Porter

Nevada Law Journal

No abstract provided.

Teacher Working Conditions With And Without Collective Bargaining, Clifford B. Donn, Rachel E. Donn, Lloyd Goldberg, Brenda J. Kirby

Nevada Law Journal

No abstract provided.

Public Sector Labor Policy: A Human Rights Approach, Robert Hebdon

Nevada Law Journal

This paper reveals that U.S. and Canadian public sector labor policy fail to conform to international understandings of freedom of association, a fundamental human right. Globalization has set in motion new pressures for a reassessment of labor and union rights. A new paradigm is emerging where antiquated and inadequate labor policies that ignore these international standards may not be sustainable. By applying international human rights standards through such global institutions as the International Labor Organization (ILO), we find that most U.S public sector labor laws fall far short of international understandings of freedom of association and collective bargaining. While Canadian …

Slides: “Human Sustainability” In Natural Resources Industries: The New Frontier In Compliance, Social Responsibility, Disclosure, And Transparency, T. Markus Funk

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

Presenter: T. Markus Funk, Partner, Perkins Coie

21 slides

Paid Leave In Mississippi: Analysis And Recommendations, Harvard Law School Mississippi Delta Project

Delta Directions: Publications

Although federal law guarantees many workers the right to take unpaid medical leave, workers currently have no federal right to paid leave. This means that many workers cannot afford to take leave to recover from an illness or seek medical care for themselves or their dependents. The lack of paid leave also poses significant costs for communities by discouraging the use of preventative care, spreading disease, decreasing employee performance, and increasing employee turnover. While some state and local governments around the country have tried to address these problems by passing laws that require employers to provide paid sick leave, Mississippi …

Participation As A Theory Of Employment, Matthew T. Bodie

Notre Dame Law Review

The concept of employment is an important legal category, not only for labor and employment law, but also for intellectual property law, torts, criminal law, and tax. The right-to-control test has dominated the debate over the definition of “employee” since its origins in the master-servant doctrine. However, the test no longer represents our modern notion of what it means to be an employee. This change has played itself out in research on the theory of the firm, which has shifted from a model of control to a model of participation in a team production process. This Article uses the theory …

Weathering Wal-Mart, Joseph A. Seiner

Notre Dame Law Review

In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2531 (2011), the Supreme Court held that a proposed class of over a million women that had alleged pay and promotion discrimination against the nation’s largest retailer could not be certified. According to the Court, the plaintiffs had failed to establish a common thread in the case sufficient to tie their claims together. The academic response to Wal-Mart was immediate and harsh: the decision will serve as the death knell for mass employment litigation, undermining the workplace protections provided by Title VII of the Civil Rights Act of 1964 (Title VII). …

What Does Social Equality Require Of Employers? A Response To Professor Bagenstos, Brishen Rogers

Michigan Law Review First Impressions

Individual employment law can appear a bit like tort law did in the late nineteenth century: an "eclectic gallery of wrongs" united largely by the fact that they do not fit into another doctrinal category. The field has emerged interstitially and today includes an array of state and federal common law and statutory claims not covered by labor law or employment discrimination law. These other subfieldshave foundational statutes: the National Labor Relations Act of 1935 and Title VII of the Civil Rights Act of 1964, respectively. Each was passed in response to a major social conflict, and each defines some …

Prostitutes, Orphans, And Entrepreneurs: The Effect Of Public Perceptions Of Ghana's Girl Child Kayayei On Public Policy, Sheryl Buske

William & Mary Journal of Race, Gender, and Social Justice

For a variety of reasons, including the growing disparity in resources and opportunities between Ghana’s mostly rural North and its urban South, the numbers and patterns of internal migration have changed dramatically over the last twenty years. Historically the province of men, and later women on a temporary basis that was tied to the rainy seasons, young girls between ten and sixteen years of age now make up the majority of the North-South migrants.

The lives of these girl migrants, who live and work in Ghana’s markets as porters, known locally as kayayoo, are complex and multifaceted. They endure …

Investment Treaties And Industrial Policy: Select Case Studies On State Liability For Efforts To Encourage, Shape And Regulate Economic Activities In Extractive Industries And Infrastructure, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

This paper, prepared in connection with a February 2014 conference organized by the UN Economic Commission for Africa, discusses some of the implications that investment treaties have for investments in infrastructure and the extractive industries. It focuses on liability for government conduct (1) in connection with tenders and negotiations; (2) when responding to questions regarding the legality of the investment; (3) in using performance requirements to leverage benefits and capture spillovers from the investment; (4) changing the legal framework governing an investment in response to evolving needs, circumstances, and interests; (5) administering the investment; and (6) requesting, and responding to …

The Governance Of Visibility: Bodies, Information, And The Politics Of Anonymity Across The Us-Mexico Borderlands, Robert Latham

Articles

This article explores the relationship between information and mobility as it is manifest at the Mexico-US border and understands that border to be one, although very important, site of information processing and production. Within the electronic as well as the physical spaces of the Mexico-US borderlands, it is argued that practices of evasion and exposure produce specific forms of politics. These forms bear on the militarization of the border, particular bourgeois anxieties, various instances of violence, the pursuit of survival strategies and recognition, and the emergence of resistance and countertactics. Also considered are possibilities for alternatives to the ways mobility …

Need I Prove More: Why An Adverse Employment Action Prong Has No Place In A Failure To Accomodate Disability Claim, Megan I. Brennan

Hamline Law Review

abstract

Negotiating For Curriculum & Class Size, 2011-13: One Faculty Union’S Perspective, Steve Hicks, Amy L. Rosenberger

Journal of Collective Bargaining in the Academy

The article walks the reader through the process of proposing, revising, and finally accepting by both sides of a new clause in the APSCUF-PASSHE collective bargaining agreement covering curriculum and class size. The clause took multiple forms over the course of over two years of negotiations and reveals the evolving priorities of the two sides over time.

Collective Begging At Its Best: Labor-Management Relations In South Dakota, Gary Aguiar

Journal of Collective Bargaining in the Academy

Public employee labor unions in South Dakota possess a feeble set of bargaining rights, so weak it should be considered “collective begging.” However, our recent contract contains significant victories despite decades of playing defense. What lessons can be learned from this experience that might help other similarly situated faculty unions? What does this case study teach us about the disparity of power, especially where labor has fewer legal and political tools than management? I apply DiGiovanni’s (2011) typology of “intangible influences” on collective bargaining to explain our success. As DiGiovanni predicts, history and timing played a large role in influencing …