Labor and Employment Law Commons^™

Vol. 28, No 3, Andrew Malahowski

The Illinois Public Employee Relations Report

Contents:

Health Care Reform: Implications for Collective Bargaining in the Public Sector, by Andrew Malahowski

Recent Developments

The Telltale Sign Of Discrimination: Probabilities, Information Asymmetries, And The Systemic Disparate Treatment Theory , Jason R. Bent

University of Michigan Journal of Law Reform

The systemic disparate treatment theory of employment discrimination is in disarray. Originally formulated in United States v. International Brotherhood of Teamsters, the systemic disparate treatment theory provides plaintiffs with a method for creating an inference of unlawful discriminatory intent if plaintiffs can first present sufficient statistical evidence establishing that the employer was engaged in a "pattern or practice" of discrimination. While the Court and scholars have recently given substantial attention to the disparate impact theory, they have not adequately analyzed the contours of the systemic disparate treatment theory. For example, there are currently disputes about whether the systemic disparate treatment …

Data Note: State Intellectual And Developmental Disability Agencies' Funding For Employment Services, Jean E. Winsor, Frank A. Smith

Data Note Series, Institute for Community Inclusion

Employment has been identified as a priority outcome in federal policy and state employment-first initiatives, and by individuals with IDD. Members of Self Advocates Becoming Empowered have issued a call to increase access to integrated employment and eliminate facility-based work (2009). In many states, the IDD agency and/or statewide advocacy coalitions have developed and implemented employment-first initiatives (State Employment Leadership Network, 2011). However, there is limited data available on the cost of integrated employment services compared to facility-based work services to guide the implementation of these initiatives.

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

The United States Court of Appeals for the Eleventh Circuit issued a significantly higher number of published decisions in the area of employment discrimination during the 2010 survey period. It is too early to tell whether this will become a new trend or is a one year aberration. However, the Eleventh Circuit handed down eight published Title VII decisions during the survey period (as opposed to only one published decision the year before), and thirteen published employment discrimination opinions overall (as opposed to only three during the 2009 survey period). Three of these decisions were in the ever troublesome area …

Labor And Employment, Patrick L. Coyle, Alexandra V. Garrison

Mercer Law Review

Courts within the Eleventh Circuit handed down a number of important opinions affecting labor and employment during the January 1, 2010 to December 31, 2010 survey period. The following is a discussion of those opinions.

• FAMILY MEDICAL LEAVE ACT
• FAIR LABOR STANDARDS ACT
• LABOR MANAGEMENT RELATIONS ACT
• COMPUTER FRAUD ABUSE ACT

Voices At Work: Legal Effects On Organization, Representation And Negotiation, Thomas Kohler

Thomas C. Kohler

The Inaugural Conference for a 4-year comparative law project to investigate intersection between law and employee voice in industrialized common law countries. One of 5 American scholars; project involving leading scholars from the common law countries. Two-day conference, largely round table discussions

A Preface To Neoclassical Legal Thought, Herbert J. Hovenkamp

All Faculty Scholarship

Most legal historians speak of the period following classical legal thought as “progressive legal thought.” That term creates an unwarranted bias in characterization, however, creating the impression that conservatives clung to an obsolete “classical” ideology, when in fact they were in many ways just as revisionist as the progressives legal thinkers whom they critiqued. The Progressives and New Deal thinkers whom we identify with progressive legal thought were nearly all neoclassical, or marginalist, in their economics, but it is hardly true that all marginalists were progressives. For example, the lawyers and policy makers in the corporate finance battles of the …

The Employee Free Act Choice: Economic Consequences And Political Implications, Peter Dreier

Peter Dreier

No abstract provided.

Housing The Working Poor, Peter Dreier

Peter Dreier

No abstract provided.

Why Advocates For Economic And Racial Justice Need The Employee Free Choice Act, Peter Dreier, Gary Flowers

Peter Dreier

No abstract provided.

The Grocery Union Gets It Bagged, Peter Dreier

Peter Dreier

No abstract provided.

First They Came For Acorn, Peter Dreier

Peter Dreier

No abstract provided.

How Unions' Strength Is Lessening In U.S., Peter Dreier

Peter Dreier

No abstract provided.

Acorn Is Back In The News, But The News Still Gets It Wrong, John Atlas, Peter Dreier

Peter Dreier

No abstract provided.

Manipulating The Public Agenda: Why Acorn Was In The News, And What The News Got Wrong, Peter Dreier, Christopher Martin

Peter Dreier

No abstract provided.

International Law And Transnational Corporations: Towards A Final Summation, Varun Vaish

Varun Vaish

The regulation of transnational corporations (TNCs) by an international legal order fundamentally centred on states proves to be difficult when they exercise political influence and have the ability to generate revenue which can eclipse the economies of many countries in comparison. According to the World Investment Report 2007, as of 2006 there were 78,411 parent corporations and 777,647 affiliates worldwide.4 The scale of the concentration of economic power is illustrated by the statistics: of the world’s hundred largest economic entities, 51 are multinational companies and 49 are nation states. The Texaco Corporation functioned for years in Ecuador with annual global …

California's Campaign For Paid Family Leave: A Model For Passing Federal Paid Leave, Caroline Cohen

Golden Gate University Law Review

Part I of this Comment will provide a background of the stated purposes of the FMLA, the California Family Rights Act (CFRA) and California’s Paid Family Leave (PFL), and the benefits each law provides. Part II will discuss the federal income replacement bills of 2009 that need to be reintroduced and enacted to fulfill the FMLA’s intent. Part III will explain why wage replacement is needed at the federal level so that more workers are financially able to access the FMLA’s protections. Part IV will trace the legislative development of the FMLA and PFL to predict the likely challenges that …

Freedom Bound: Law, Labor, And Civic Identity In Colonizing English America, 1580–1865. By Christopher Tomlins. Cambridge: Cambridge University Press, 2010. Pp. Xvi, 617. $115.00, Cloth; $36.99, Paper., Joshua L. Rosenbloom

Joshua L. Rosenbloom

For proponents of institutional economics, laws are one of the humanly devised constraints that structure human interactions. Like other formal and informal constraints, they define the incentive structure of societies and economies. In Freedom Bound, Christopher Tomlins subtly shifts the emphasis, suggesting that we think of laws not simply as constraints but as a “technology” that provides “. . . a means by which designs, structures, institutions might be imagined, created, implemented, andimplanted” (p. 506). Viewed as technology, legal thought is both a tool enabling action and a constraint, channeling that action in specific directions.

Labor Relations And Labor Law In Japan, Atsushi Tsuneki, Manabu Matsunaka

Washington International Law Journal

This article builds on a rationalistic understanding of Japanese employment customs to argue that, up until the 1990s, Japanese labor law facilitated private bargaining instead of engineering a desired outcome directly through legal regulations. Through this indirect approach toward labor relations, at least part of Japanese labor law made a highly positive contribution to the attainment of economic efficiency. After the 1990s, the merits of Japanese employment customs diminished and needed reform. While such reforms were made in some aspects, Japanese labor law has taken the stance of directly regulating the economy, particularly in the area of employment protection and …

Data Note: Job Seekers With Disabilities At One-Stop Career Centers: An Examination Of Registration For Wagner-Peyser Funded Employment Services, 2002 To 2009, David Hoff, Frank A. Smith

Data Note Series, Institute for Community Inclusion

The Wagner-Peyser Act of 1933 established a nationwide system of public employment services, known as the Employment Service. Via the Workforce Investment Act of 1998, the Employment Service was made part of the One-Stop Career Center service-delivery system. Wagner-Peyser is a primary source of funding for these centers, which make employment services available to all people, including those with disabilities. There are currently 1,800+ comprehensive One-Stop Career Centers throughout the United States, as well as satellite and affiliate centers.