Download or read book Allis Chalmers Corporation V Lueck written by Robert E. Williams and published by . This book was released on 1986 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text explores the impact of Allis-Chaalmers decision on employees covered by collective bargaining agreements to bypass contractual grievance and arbitration procedures and bringing wrongful discharge and other employment related tort lawsuits in state courts.
Download or read book California Court of Appeal 2nd Appellate District Records and Briefs written by California (State). and published by . This book was released on with total page 1518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Number of Exhibits: 35_x005F_x000D_ Received document entitled: APPENDIX TO PETITION FOR WRIT
Download or read book Reports of Cases Argued and Adjudged in the Supreme Court of the United States written by United States. Supreme Court and published by . This book was released on 1998 with total page 1192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Arbitrability written by Loukas A. Mistelis and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: It often seems today that no dispute is barred from resolution by arbitration. Even the fundamental question of whether a dispute falls under the exclusive jurisdiction of a judicial body may itself be arbitrable. Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice. Although the book takes the form of a collection of essays, it is designed as a comprehensive commentary on practical issues that emerge from the idea of arbitrability. Fifteen leading academics and practitioners from Europe and the United States each explore different facets of arbitrability always with a perspective open to international developments and comparative evaluation of standards. The presentation falls into two parts: in the first the focus is on the general features of arbitrability, its rationale and the laws applicable to it. In the second, arbitrability is specifically examined in the context of administrative, criminal, corporate, IP, financial, commercial, and criminal law This book has its origins in an International Conference on Arbitrability held at Athens in September 2005. Seven papers presented there are here reviewed and updated, and nine others are added. The subject of the book and arbitrability and is one that is much talked about, but seldom if ever given the in-depth treatment presented here. Arbitrators and other practitioners in the field will welcome the way the analysis moves logically from theory to practice regarding every issue, and academics will recognize a definitive treatment of arbitrability as understood and applied in the settlement of disputes today.
Download or read book Carbonneau on Arbitration written by Thomas E. Carbonneau and published by Juris Publishing, Inc.. This book was released on 2010-05-01 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: A companion to Carbonneau on International Arbitration: Collected Essays, the essays in this volume represent the majority of the author's scholarly writings on the topic of U.S. arbitration law. They reflect his three decades of experience as a law professor and as the Editor-in-Chief of the World Arbitration & Mediation Report (renamed Review) and the Journal of American Arbitration. Each one tackles an aspect of the debate about the role of arbitral adjudication in contemporary American society and provides an assessment of the evolution and content of the U.S. law of arbitration. In particular, Carbonneau on Arbitration: Collected Essays examines the work of the U.S. Supreme Court in arbitration and provides a critical, but balanced, assessment of that decisional law. The chapters of this volume represent the majority of the author's scholarly writings on international commercial arbitration over thirty years. The chapters address various major issues and themes of transborder arbitration law, including (1) the importance of courts in developing and maintaining a legal culture that is hospitable to arbitration, (2) arbitration as a complete legal system, (3) the increasing use of arbitration to resolve political or mixed political and commercial disputes, and (4) the “judicialization” of arbitration. Some of the chapters are of a recent vintage, while others were written a decade or two ago. Whatever their date of production, these essays are of continuing interest to practitioners in and scholars of the field.
Download or read book Federalism written by United States. Congress. Senate. Committee on Governmental Affairs and published by . This book was released on 1999 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Employment Law written by Timothy P. Glynn and published by Aspen Publishing. This book was released on 2023-01-31 with total page 1263 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Employment Law: Private Ordering and Its Limitations, by Timothy Glynn, Charles Sullivan, Charlotte Alexander, and Rachel Arnow-Richman, is organized around the rights and duties that flow between parties in an employment relationship. Cases, detailed discussion of the facts, and accessible notes and problems examine the laws that are intended to balance the competing interests and contractual obligations of employers and employees. The note materials also encourage students to think critically and creatively about how best to protect the interests of workers or employers. Exercises in planning, drafting, advising, and negotiating develop practice-ready transactional lawyering skills. New to the Fifth Edition: Important Supreme Court and lower court cases in key areas including the whistleblower and antiretaliation protections, workplace privacy and speech, antidiscrimination laws, disability and other accommodations, noncompetition agreements and intellectual property workplace health and safety, and mandatory arbitration clauses Addition of cases and note materials on hot topics including developments in competition law, new workplace legal issues and disputes arising from the COVID-19 pandemic, the scope of employment protections in the contemporary economy, workplace speech protections in a time of deep social and political conflict, the workplace implications of emergent communications and monitoring technologies, structural and unconscious bias in the workplaces, and innovations in accommodating workers’ lives Updated practice-oriented problems and exercises Streamlined case and note editing Professors and students will benefit from: Comprehensive and deep coverage of key areas of workplace regulation Practical exercises in each chapter Note materials designed to provide both context and knowledge of emergent legal and social science scholarship Thematic consistency across chapters providing a unifying framework for the discussion of disparate topic areas
Download or read book Power on the Job written by Michael Yates and published by South End Press. This book was released on 1994 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book effectively deals with the legacy of the Reagan-Bush era: unemployment, underemployment, and the diminishing legal rights of union organizers.
Download or read book Handbook on Erisa Litigation written by James F. Jorden and published by Wolters Kluwer. This book was released on 2015-12-15 with total page 1026 pages. Available in PDF, EPUB and Kindle. Book excerpt: Handbook on ERISA Litigation cuts through complicated statutory provisions and tells you which ERISA claims are recognized by which courts and how to litigate them. Helpful litigation checklists and forms are provided on key aspects of ERISA litigation as well as hundreds of citations to leading federal and state cases. Every major claim area under ERISA is covered: Fiduciary liability Violation of ERISA reporting and notification requirements ERISA discrimination claims and related statutory claims Plan termination claims Overfunded and underfunded plans Tax litigation Claims by the U.S. Department of Labor and the Pension Benefit Guaranty Corporation (PBGC) The Handbook helps you to counsel clients more knowledgeably and to litigate ERISA disputes more effectively by identifying the issues, presenting litigation strategies, and reducing the time needed to prepare pleadings and briefs. In one, easy-to-read volume, you'll find expert analysis of: The structure and scope of ERISA, so you can easily determine whether and in what fashion ERISA is relevant to the resolution of a dispute Exceptions to ERISA and preemption issues, keeping you fully apprised of the extent to which ERISA can be used by or against you, particularly with respect to preemption laws The procedural rules of the road, providing you with practical insights into jurisdictional, venue, standing, discovery, and evidentiary issues, and how these may affect the outcome of your cases Handbook on ERISA Litigation has been updated to include: The impact of the Affordable Care Act upon ERISA practice and procedure Expanded coverage of overlapping federal statutory claims such as the Pregnancy Discrimination Act, federal disability discrimination laws, and other claims of gender and family status discrimination (including same-sex marriage/partnership issues) Expanded discussion of recent U.S. Supreme Court decisions on the continuing fiduciary obligation to monitor plan investments, availability of various forms of relief for ERISA benefits claims and breach of fiduciary duty claims, the enforceability of limitations provisions contained in employee benefit plans, employer stock drop claims, and the supremacy of employee benefit plan terms over equitable or common law principles Continuing developments in ERISA preemption analysis clarifying the scope and reach of federal preemption And more!
Download or read book The Supreme Court written by Tom S. Clark and published by Cambridge University Press. This book was released on 2019-03-14 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a quantitative history of the development of constitutional law in the United States during the past 150 years.
Download or read book The Law of Higher Education written by William A. Kaplin and published by John Wiley & Sons. This book was released on 2019-04-04 with total page 2328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Your must-have resource on the law of higher education Written by recognized experts in the field, the latest edition of The Law of Higher Education offers college administrators, legal counsel, and researchers with the most up-to-date, comprehensive coverage of the legal implications of administrative decision making. In the increasingly litigious environment of higher education, William A. Kaplin and Barbara A. Lee's clear, cogent, and contextualized legal guide proves more and more indispensable every year. Two new authors, Neal H. Hutchens and Jacob H Rooksby, have joined the Kaplin and Lee team to provide additional coverage of important developments in higher education law. From hate speech to student suicide, from intellectual property developments to issues involving FERPA, this comprehensive resource helps ensure you're ready for anything that may come your way. Includes new material since publication of the previous edition Covers Title IX developments and intellectual property Explores new protections for gay and transgender students and employees Delves into free speech rights of faculty and students in public universities Expands the discussion of faculty academic freedom, student academic freedom, and institutional academic freedom If this book isn't on your shelf, it needs to be.
Download or read book The Law of Higher Education A Comprehensive Guide to Legal Implications of Administrative Decision Making written by William A. Kaplin and published by John Wiley & Sons. This book was released on 2019-04-02 with total page 1124 pages. Available in PDF, EPUB and Kindle. Book excerpt: Your must-have resource on the law of higher education Written by recognized experts in the field, the latest edition of The Law of Higher Education, Vol. 2 offers college administrators, legal counsel, and researchers with the most up-to-date, comprehensive coverage of the legal implications of administrative decision making. In the increasingly litigious environment of higher education, William A. Kaplin and Barbara A. Lee’s clear, cogent, and contextualized legal guide proves more and more indispensable every year. Two new authors, Neal H. Hutchens and Jacob H Rooksby, have joined the Kaplin and Lee team to provide additional coverage of important developments in higher education law. From hate speech to student suicide, from intellectual property developments to issues involving FERPA, this comprehensive resource helps ensure you’re ready for anything that may come your way. Includes new material since publication of the previous edition Covers Title IX developments and intellectual property Explores new protections for gay and transgender students and employees Delves into free speech rights of faculty and students in public universities Expands the discussion of faculty academic freedom, student academic freedom, and institutional academic freedom Part of a 2 volume set If this book isn’t on your shelf, it needs to be.
Download or read book A Primer on American Labor Law written by William B. Gould and published by MIT Press. This book was released on 2004 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resource added for the Leadership Development program 101961.
Download or read book Official Reports of the Supreme Court written by United States. Supreme Court and published by . This book was released on 1985 with total page 1190 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Labor Arbitration Under Fire written by James L. Stern and published by Cornell University Press. This book was released on 1997 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labor arbitration was once seen as an integral part of bargaining and as a pioneering effort to create shop floor justice. But the decline of unions in status and power has raised profound questions about the future of labor arbitration. While labor unions seek justice for twenty-two million workers covered by collective bargaining, arbitration of employment disputes in the non-unionized sectors of the economy is on the increase, with arbitration procedures promulgated by the employer substituting for more expensive litigation. Moreover, arbitration may find a new role among unrepresented employees as the obligation to justify discharges is more widely adopted. This volume chronicles the development of labor arbitration, analyzes the paths it is now following, and suggests what the future may hold under changing conditions.
Download or read book Sports Law and Regulation written by Matthew J. Mitten and published by Aspen Publishing. This book was released on 2023-11-09 with total page 1142 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sports Law and Regulation provides a comprehensive and timely discussion of youth, high school, college, Olympic, and professional sports legal issues, including gender and racial equity, health, safety, risk management, and intellectual property law issues. A comprehensive collection of cases and materials provides balanced perspectives and flexible coverage, while the organization provides instructors the flexibility to cover selected sections or chapters for a separate course in either Amateur Sports Law or Professional Sports Law. Sports Law and Regulation contains the appropriate amount of introductory and explanatory materials, notes, and questions to facilitate students’ understanding as well as hypothetical problems for applying new knowledge. New to the 6th Edition: Updated cases regarding speech and religion at the high school level including Mahanoy Area Sch. Dist. v. B.L. and Kennedy v. Bremerton School District The new NCAA Constitution and governance structure, revised NCAA bylaws, transfer eligibility, NIL, agent interactions, and amendments to the NCAA’s enforcement and penalty structure, along with NCAA v. Alston An updated comment on concussions that includes recent cases, state legislation seeking to reduce the incidence of concussions, and settlements of concussion-related disputes between claimants and the NCAA, NFL, and NHL A streamlined coaching chapter including discussion of coaches’ involvement in the college admissions and basketball scandals and an updated coaching contract negotiation exercise Provisions of the NBA, WNBA, NFL, MLB, NHL, MLS, and NWSL collective bargaining agreements; updated league regulations regarding cannabis use; discussion of minor league baseball players’ unionization; and the 2019 revisions to the Uniform Athlete Agents Act and Williamson v. Prime Sports Mktg., LLC Revised Olympic and international sports law materials, including a recent CAS award interpreting the 2021 World Anti-Doping Code, a revised anti-doping problem, a CAS award regarding the legality of excluding Russian athletes from international sports events, and a Swiss Federal Tribunal case recognizing the independence of the CAS Anti-Doping Division Updated racial demographic data for coaching and administrative positions in collegiate and professional sport and discussion of coach Brian Flores’ historic racial discrimination lawsuit against the NFL and its clubs An updated gender equity chapter that includes new Title IX regulations, sexual orientation discrimination issues, the participation rights of transgender and intersex athletes and new Olympic and NCAA policies New commentary questioning the baseball rule as applied to absolve stadium owners of liability to spectators, and recent developments regarding the standards for assessing the liability of co-participants Professors and students will benefit from: Landmark historical cases and significant recent cases that reflect the current law regulating the sports industry Notes and Questions that suggest philosophical, sociological, psychological, and economic policy issues and themes Flexible organization that supports different teaching objectives, ranging from a focus on amateur sports to professional sports law Skill-building exercises in client counseling, negotiation, and contract drafting
Download or read book Public Employee Discharge and Discipline written by Isidore Silver and published by Wolters Kluwer. This book was released on 2001-01-01 with total page 1778 pages. Available in PDF, EPUB and Kindle. Book excerpt: Managing public employment cases in today's volatile, fast changing legal arena is no easy task. Just keeping up with the complex developments in constitutional, labor, civil service, administrative, and common law can be a full-time job. Aspen Publishers' Public Employee Discharge and Discipline is the definitive work on every aspect of public employment law. This invaluable two-volume resource is the only one of its kind to deal with all public employment disciplinary and discharge issues for federal, state and municipal employees. The Third Edition offers thorough analysis and in-depth discussion of such essential topics as: First Amendment and whistleblowing Public sector collective bargaining and arbitration Due process in discipline and discharge Administrative and judicial review Title VII, ADA, FMLA, and other discrimination laws Sexual harassment under 1983, Title IX, and Title VII Drug testing Invasion of privacy Applicability of common law tort and contract principles of wrongful discharge Summaries of federal and state cases Also, with Public Employee Discharge and Discipline, you will also get a BONUS CD-ROM containing over 30 easy-access, customizable forms as well as current surveys of state and federal cases! Public Employee Discharge and Discipline has been updated with the latest developments, including: Latest developments in the movement to limit or abrogate public employment collective bargaining Gross v. FBL Financial Services, a Supreme Court decision requiring an employee to prove that age discrimination was andquot;the soleandquot; and andquot;but forandquot; cause of discharge under the ADEA, 29 U.S.C. and§ 623(a) Adoption of Gross andquot;Sole Motiveandquot; Standard by Seventh Circuit in Fairley v. Andrews and Serwatka v. Rockwell Analysis of Thompson v. N.A. Stainless L.P., a 2011 unanimous Supreme Court decision that retaliation against a fiancandée for an employee's Title VII claim was actionable Discussion of Staub v. Proctor, another 2011 unanimous Supreme Court decision that a supervisor's bias may be andquot;a motivating factorandquot; for, and a proximate cause of, a discriminatory discharge, if it played some role in contributing to it, whether or not a non-biased decisionmaker conducted an independent investigation Evidentiary issues in discrimination litigation, including Sprint/United Management Co. v. Mendelsohn, a Supreme Court holding that andquot;me tooandquot; evidence of age discrimination - comments against other employees by other supervisors - may be admissible if relevant to the culture of the employer and Reid v. Google, Inc., a California Supreme Court decision that non-decisionmaker co-workers' andquot;stray remarksandquot; were relevant to an age discrimination claim Discussion of 14 Penn Plaza LLC v. Pyett, a Supreme Court decision that a CBA providing arbitration as the sole remedy for ADEA claims and noting that Gilmer andquot;fully applies in the collective bargaining contextandquot; City of Ontario v. Quon, wherein the Supreme Court upheld monitoring of employer issued text-messaging devices to determine whether costs to the police department were being unduly inflated by personal calls as a andquot;reasonableandquot; search under the Fourth Amendment In re Golinski, a Ninth Circuit decision that denial of health benefits to married homosexual federal employee under the Health Benefits Act, 5 U.S.C. and§ 8903(1) because of a purported ban under the Defense of Marriage Act, 1 U.S.C. and§ 7, was impermissible under principles of statutory interpretation and other decisions that DOMA violated Equal Protection Continuing a
