Labor and Employment Law Commons^™

The Time Has Come For A Sustainable Theory Of Fiduciary Duty In Investment, Jay Youngdahl

Hofstra Labor & Employment Law Journal

No abstract provided.

Coming Out To Fight For Our Country: Achieving Equality For Gay Service Members In A Post-"Dont Ask, Don't Tell" Military, Ashley L. Behre

Hofstra Labor & Employment Law Journal

No abstract provided.

Genetic Information Nondiscrimination Act Of 2008: It's In Title Vii's Genes, Phillip K. Vacchio, Joshua L. Wolinsky

Hofstra Labor & Employment Law Journal

No abstract provided.

The Echoes Of Slavery: Recognizing The Racist Origins Of The Agricultural And Domestic Worker Exclusion From The National Labor Relations Act., Juan F. Perea

Faculty Publications & Other Works

No abstract provided.

Unions & The Great Recession: Is Transnationalism The Answer?, Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.

The Estimated Value Of A Premium Division One Football Player: The Argument Supporting Pay For Play, Travis S. Roher

CMC Senior Theses

Abstract

The gap between the revenue generated by division one football players and the value of an athletic scholarship is the marginal revenue product of these athletes.  Because of the monopsonistic behavior of the NCAA, division one institutions capture an economic rent from their student athletes. This paper measures the rents generated by NCAA division one football players in the six powerhouse conferences by using linear regressions based on variables such as university revenue, future NFL draft picks, undergraduate population, and weekly AP Top-25 rankings. This paper will inform its readers on how much money these student athletes are generating …

Unilateral Alteration Of Public Sector Collective Bargaining Agreements And The Contract Clause, Stephen F. Befort

Buffalo Law Review

No abstract provided.

Independent Contractors, Employees, Andentrepreneurialism Under The Nationallabor Relations Act: A Worker-By-Worker Approach, Micah Prieb Stoltzfus Jost

Washington and Lee Law Review

No abstract provided.

Employee Or Entrepreneur?, Jeffrey M. Hirsch

Washington and Lee Law Review

No abstract provided.

Card Check Labor Certification: Lessons From New York, William A. Herbert

Publications and Research

During the debate over the card check proposal in the Employee Free Choice Act of 2009 (EFCA), there has been a notable lack of discussion about New York’s fifty-year history and experience with card check certification. This article challenges and contradicts much of the prior scholarship and debate over EFCA by examining New York’s development and administration of card check procedures. The article begins with an overview of the history of New York public sector labor relations prior to the establishment of collective bargaining rights. As part of that historical overview, it examines the development of informal employee organization representation, …

Some Think Of The Future: Internet, Electronic, And Telephonic Labor Representation Electionslabor Representation Elections, William A. Herbert, Sara Slinn

Publications and Research

Amid the scholarly dialogue regarding amending labor certification procedures, there have been calls for the adoption of internet, electronic and/or telephonic representation voting (IETV) procedures in representation elections. To date, most labor relations agencies in the United States and Canada have not implemented IETV. Three notable exceptions are the National Mediation Board (NMB) and the Federal Labor Relations Authority (FLRA) in the United States, and the Canada Industrial Relations Board (CIRB). This article explores the strengths and weaknesses of IETV and the potential for wider adoption of this technology in the representation election context. The article examines NMB’s rationale in …

Public Sector Labor Law And History: The Politics Of Ancient History?, William A. Herbert

Publications and Research

This article discuss three books that address various aspects of public sector labor history. It seeks to contextualize the current debate over public sector labor law and relations through the lessons of relevant history. The first book discussed is entitled The Man Who Saved New York: Hugh Carey and the Great Fiscal Crisis of 1975, by Seymour P. Lachman and Robert Polner. It recounts the leadership of Governor Carey and public sector labor leaders in reaching negotiated solutions through collective bargaining that helped solve New York City's fiscal crisis in 1975. The second book is a long-forgotten 1948 treatise Government …

Wrongful Termination Claims In The Supreme Court Of Canada: Coming Up Short, Dianne Pothier

Dianne Pothier Collection

The author concludes that the Supreme Court of Canada's narrow interpretations in Wal-Mart and Honda undermine the purposes of collective bargaining and human rights legislation, respectively Wal-Mart involves an unfair labour practice complaint following the closing of a store in Jonquibre, Quebec. The author contests the analysis of the Supreme Court of Canada, as being far removed from the context of the real difficulties in dealing with determined anti-union employers, instead facilitating statutory evasion. Honda involves a claim for wrongful dismissal, where the issue at the Supreme Court of Canada level is one of remedy, premised on the dismissal amounting …

Following In Paul Miller's (Very Large) Footsteps, Chai R. Feldblum

Georgetown Law Faculty Publications and Other Works

A tribute to Paul Miller, former Commissioner of the Equal Employment Opportunity Commission (EEOC). Miller was a leader on disability rights and on ensuring that the EEOC was effectively and forcefully implementing the Americans with Disabilities Act (ADA) of 1990. The author discusses Miller's work as EEOC Commissioner.

Federal Regulation And The Problem Of Adjudication, Marcia L. Mccormick

All Faculty Scholarship

After decades of deregulation, the United States seems to be entering a period of re-regulation, regulation to prevent harm that many activities might cause and also to create positive external benefits that those activities could yield, but might not without incentives. Most regulatory programs in the United States provide a blend of measures designed to create these positive external benefits, promote good practices in the industry, prevent harms, and provide those harmed with remedies. At a time in which we contemplate new ways to regulate to deal with the crises of the day and prevent the crises of tomorrow, this …

Consensus, Dissensus, And Enforcement: Legal Protection Of Working Women From The Time Of The Triangle Shirtwaist Factory Fire To Today, Marcia L. Mccormick

All Faculty Scholarship

The Triangle Shirtwaist Factory tragedy mobilized the labor movement and progressive reformers, and provided part of the political will to enact significant protective health and safety legislation for workers. And while the Triangle Shirtwaist Factory fire has been cited in legal literature as an important event in the movement for workplace safety standards, however, the gendered nature of the tragedy and its place in the development of laws protecting women as women, rather than as beneficiaries of laws protecting all workers, has not been as fully explored. This contribution to the New York University Journal of Legislation and Public Policy's …

Mandatory Disclosure In The Market For Union Representation, Matthew T. Bodie

All Faculty Scholarship

For over sixty years, the National Labor Relations Board has followed the “laboratory conditions” doctrine in its regulation of representation elections. According to the doctrine, the Board must provide workers with an electoral “laboratory” in order to determine the “uninhibited desires” of the employees. Elections are vacated and conducted anew if the winning party violated the laboratory conditions. The laboratory conditions doctrine suggests an active and vigorous role for the Board in providing employees with the proper election environment. However, the Board’s regulation has largely focused on keeping out electoral impurities and has done little to make sure employees have …

Employees And The Boundaries Of The Corporation, Matthew T. Bodie

All Faculty Scholarship

Employees have no formal role in U.S. corporate law. According to most theories of the firm, however, employees play a critical role in differentiating firms from markets. This essay examines the disparity in treatment and seeks to understand the ramifications of the separation of employees from the corporation. After discussing the absence of employees from the corporate structure, the essay looks at the role of the employees in theories of the firm. In contrast to corporate law, these theories generally include employees within the core of the firm, and they often explain the nature and purpose of the firm in …

Sub-Minimum Wage Or Sub-Human? The Potential Impact On The Civil Rights Of People With Disabilities In Employment, Laura C. Hoffman

Public Interest Law Reporter

No abstract provided.

Outsourcing Liability: Are The True Causes Of Unemployment Hiding Behind The Corporate Veil? , Cynthia Herrera

Public Interest Law Reporter

No abstract provided.