Download or read book Labor and Employment Law in Indian Country written by Kaighn Smith (Jr.) and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Labor and Employment Law in Indian Country written by Kaighn Smith and published by . This book was released on 2011 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Symposium written by and published by . This book was released on 2008 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Labor and Employment Laws in Indian Country written by Michigan State University. College of Law and published by . This book was released on 2008 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Labor Law Indian Sovereignty and the Canons of Construction written by Bryan H. Wildenthal and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2004 the National Labor Relations Board (Board or NLRB), over a powerful dissent, overruled its 1976 precedent and effectively rewrote the National Labor Relations Act of 1935 (NLRA) to apply, for the first time, to on-reservation Indian Nation government employment (the NLRA has never applied to state or territorial government employment). The D.C. Circuit, in an opinion by President George W. Bush's appointee Judge Janice Rogers Brown, upheld this decision in San Manuel Band of Serrano Mission Indians v. NLRB (2007). The litigation arose in regard to the San Manuel Band's Tribal Casino located on its reservation in Southern California, and a labor dispute involving its employees. This article argues, in part, that the Board and D.C. Circuit decisions in San Manuel were egregiously erroneous; that they violated the Indian law canons; that they ignored, contradicted, or misconstrued numerous Supreme Court precedents; and that only Congress, after careful consideration of the policy issues involved, has any authority to make such a dramatic change in federal labor law as applied to Indian country. But the scope and implications of the article go much further. The San Manuel decisions are profoundly important for what they portend about the future of tribal sovereignty and Indian law generally. They show how lower courts and administrative agencies may sometimes drastically revise fundamental principles affecting entire fields of law, without the guidance or approval of Congress, and in defiance of clear teachings of the Supreme Court. The San Manuel decisions are the culmination of an approach, often referred to as the Tuscarora-Coeur d'Alene doctrine, that lower courts have been building for more than twenty years on the basis of a stray comment by the Supreme Court in its 1960 decision in Federal Power Commission v. Tuscarora Indian Nation (one of the most reviled cases of the discredited Termination Era of Indian law, 1943-61). This doctrine, which the Supreme Court has never approved (and has indeed implicitly rejected many times), threatens to radically undermine the canons guiding the entire field of Indian law. This lower-court doctrine has already affected the interpretation of a wide range of so-called generally applicable federal laws. Yet, as this article shows in a wide-ranging examination of the Indian law canons, the Ninth Circuit Coeur d'Alene decision lending its name to this doctrine was decided the same year (1985) that the Supreme Court curtailed and laid to rest its own troubling statement in Tuscarora that was its seed. During the years since, the Supreme Court has generally adhered to the canons, while lower courts have proceeded to dismantle them in case after case, San Manuel being the latest and most important. The final part of the article draws upon the insights of constitutional case law on federal-state relations, most notably the Supreme Court's 1985 decision in Garcia v. SAMTA. The article argues that Indian Nations deserve the same freedom as states to experiment with government programs that some may disparage as non-"traditional." The taxonomy adopted by the Board and D.C. Circuit in San Manuel artificially distinguishes between approved ("traditional" or "governmental") and disapproved ("commercial") functions. This makes no sense, contradicts Congress's express policy choices, defies the Supreme Court's teachings in Garcia and related cases, and is patronizing to Indian tribes. A sequel to this article analyzes in more depth the origins, doctrinal development, and possible future of the Ninth Circuit Coeur d'Alene decision. See Bryan H. Wildenthal, "How the Ninth Circuit Overruled a Century of Supreme Court Indian Jurisprudence - And Has So Far Gotten Away With It," 2008 Mich. St. L. Rev. 547 (2008) http://ssrn.com/abstract=1099683.
Download or read book Labour and Employment Compliance in India written by Manishi Pathak and published by Kluwer Law International B.V.. This book was released on 2022-06-20 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book – one of a series derived from Kluwer’s matchless publication International Labour and Employment Compliance Handbook – focuses on the relevant laws and regulations in India. It is thoroughly practical in orientation. Employers and their counsel can be assured that it fulfills the need for accurate and detailed knowledge of laws in India on all aspects of employment, from recruiting to termination, working conditions, compensation and benefits to collective bargaining. The volume proceeds in a logical sequence through such topics as the following: · written and oral contracts · interviewing and screening · evaluations and warnings · severance pay · reductions in force · temporary workers · trade union rights · wage and hour laws · employee benefits · workers’ compensation · safety and environmental regulations · immigration law compliance · restrictive covenants · anti-discrimination laws · employee privacy rights · dispute resolution · recordkeeping requirements A wealth of practical features such as checklists of do’s and don’ts, step-by-step compliance measures, applicable fines and penalties, and much more contribute to the book’s day-to-day usefulness. Easy to understand for lawyers and non-lawyers alike, this book is sure to be welcomed by business executives and human resources professionals, as well as by corporate counsel and business lawyers.
Download or read book An Overview of the Labor Market Problems of Indians and Native Americans written by Robert G. Ainsworth and published by . This book was released on 1989 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: This booklet provides an overview of the labor market problems facing Indians and Native Americans, the most economically disadvantaged ethnic group in the United States. It summarizes Indian policy, particularly major policies and laws that relate to early trade restrictions and the exploitation of Indians through trade; their forced removal from their land; establishment of the reservation system, land allotments, and assimilation; termination and relocation policy; and the more recent policies of self-determination. Discussion considers Indian population and labor force estimates and examines barriers to Indian employment. Lack of jobs on or near reservations is the greatest problem, but poor education and training, inadequate English language capability, tribal ties to the reservation, a culture that is not job-oriented, and poor housing and health conditions, and inadequate transportation are also cited. There are many federal programs for Indians, ranging from housing assistance, to health and transportation services, to education and training for jobs. A number of these programs are listed. But the report suggests that a high degree of overlap and fragmentation of federal programs hampers their effectiveness among Indians. Coordination of federal programs and further federal research, especially on effectiveness of JTPA programs, are recommended. This report contains 25 references. (DHP).
Download or read book Early California Laws and Policies Related to California Indians written by Kimberly Johnston-Dodds and published by California Research Bureau. This book was released on 2002 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Created by the California Research Bureau at the request of Senator John L. Burton, this Web-site is a PDF document on early California laws and policies related to the Indians of the state and focuses on the years 1850-1861. Visitors are invited to explore such topics as loss of lands and cultures, the governors and the militia, reports on the Mendocino War, absence of legal rights, and vagrancy and punishment.
Download or read book H R 16 Tribal Labor Relations Restoration Act of 2005 written by United States. Congress. House. Committee on Education and the Workforce. Subcommittee on Employer-Employee Relations and published by . This book was released on 2006 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book American Indian Law Deskbook written by Hardy Myers and published by . This book was released on 2004 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resource added for the Paralegal program 101101.
Download or read book Employment Law in Indian Country written by and published by . This book was released on 2016 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Guide to Tribal Employment written by Richard G. McGee and published by Xlibris Corporation. This book was released on 2008-11-05 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Guide to Tribal Employment is a practical analysis of the law, policies, and practices used by tribal government and tribal enterprise employers. This book focuses on the application of tribal, state, and federal employment laws. Moreover, the Guide applies tribal self-determination, sovereignty, and immunity to the employment process. The Guide addresses employment disputes, unique employment issues in tribal gaming, and the unique policies used by tribal employers. The Guide’s question-answer format will help tribal administrators, human resources personnel, and tribal leadership better understand the interesting and important questions relating to tribal employment.
Download or read book Environmental Law in Indian Country to 1 28 written by William H. Rodgers and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This publication is a guide to understanding the National Environmental Policy Act (NEPA). This publication covers NEPA, the Endangered Species Act, and the Wilderness Act. It focuses on the environmental work of the 562 Indian tribes that play an important role in the environmental arena. The book uses chiefly Indian and tribal cases (162 case studies in all) to illustrate the finer points of NEPA doctrine as it exists in the broader field of Indian law."--The publisher's website.
Download or read book American Indian Law written by Robert T. Anderson and published by West Academic Publishing. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook provides an introduction to the legal relationships between American Indian tribes, the federal government and the individual states. The foundational cases are incorporated with statutory text, background material, hypothetical questions, and discussion problems to enliven the classroom experience and enhance student engagement. The second edition includes expanded materials on gaming, international and comparative law, and more photographs, images, and suggestions for links to external sources.
Download or read book Handbook of Federal Indian Law written by Felix S. Cohen and published by . This book was released on 1971 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Indian Law written by United States. Department of the Interior. Office of the Solicitor and published by The Lawbook Exchange, Ltd.. This book was released on 2008 with total page 1128 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Until the Handbook of Federal Indian Law was issued by the Department of the Interior in 1942, no comprehensive guide to these was available. That work was principally the production of Felix S. Cohen, then assistant solicitor of the department.... It was acclaimed in the pages of this JOURNAL as 'a first class text on 'Indian Law.'' The acclaim was justified, unquestionably. The present work, prepared with an anonymity that defies a reviewer's attempt to attribute authorship, is stated in the preface to be 'a revision and updating through the year 1956' of Mr. Cohen's work. The revision has included a regrouping of the original twenty-three chapters into eleven, coupled with substantial rearrangement of part of the text. However, by use of the tables of contents of the two volumes, it is possible to follow the text of the old into its place in the new. The work of updating has been done thoroughly and conscientiously. This new volume is indispensable to the lawyer who may be concerned with Indian matters or who may wish to become informed concerning the law applicable to Indians." Maurice H. Merrill, American Bar Association Journal 44 (1958) 1072. xix, 1106 pp.
Download or read book Policing on American Indian Reservations written by Stewart Wakeling and published by . This book was released on 2001 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
