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 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 Indian Employment Laws written by DR. M. K. RAVI and published by DR. M. K. RAVI. This book was released on with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses employment or labour laws for Human Resource Managers. The aim is to explore the labour laws related to employee, employers, labour, union, welfare, and law for women employees at workplace for an organisation. The book consists of a compilation of seven chapters and an extended list of reference cases on employment laws. The book is based on a combination of employment law and litigation cases in India. The first chapter of the book discusses the introduction to employment laws where constitution law and employment. The second chapter discusses the Laws on labour welfare and their working conditions, The Factories Act, 1948, Contract Labour (Regulation and Abolition) Act, 1970, The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The third chapter discusses the Law of Industrial Relations in India, Industrial Disputes Act, 1947, The Plantation Labour Act, 1951, The Industrial Employment (Standing Orders) Act, 1946, Indian Trade Union Act, 1926. The fourth chapter discusses the Law of Wages in India, Payment of Wages Act, 1936, Minimum Wages Act, 1948, Payment of Bonus Act, 1965, Equal Remuneration Act, 1976, Workman’s Compensation Act, 1923. The fifth chapter discusses the Social Security Legislation in India, Employees’ Compensation Act, 1923, Equal Remuneration Act, 1976, Employees’ State Insurance Act, 1948, Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, Payment of Gratuity Act, 1972, Maternity Benefit Act, 1961, The Unorganised Workers’ Social Security Act, 2008, and Apprentices Act, 1961. The sixth chapter discusses the New Labor Reform Code - 2020, Labour Reforms undertaken since 2014, Labour Codes and Freedom from the Web of Legislation, Right to Minimum Wages for everyone, Labour Code (Wage Code) - 2014 to 2019: Workers will get benefited, Social Security Code, 2020, Right of security to workers in all situations, OSH Code (Occupational, Safety, Health and Working Conditions Code) – 2020, Women empowerment through the Labour Codes, Industrial Relations (IR) Code, 2020, and Benefits of Codification. And the seventh chapter discusses the Legal Cases on Employment Laws with a list of 373 Legal Cases for Reference. I wrote this book especially for Human Resource Managers which will certainly help them to understand the various legal aspects of employee, employer, and employment law to reduce the litigation from employees and enhance the productivity and efficiency of performance of employees in the organisations. This book and the cases discussed can be very useful for advocates and lawyers handling labour/service matters.
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 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 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 Enhancing Capabilities through Labour Law written by Supriya Routh and published by Routledge. This book was released on 2014-03-26 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2002 the International Labour Organization issued a report titled ‘Decent work and the informal economy’ in which it stressed the need to ensure appropriate employment and income, rights at work, and effective social protection in informal economic activities. Such a call by the ILO is urgent in the context of countries such as India, where the majority of workers are engaged in informal economic activities, and where expansion of informal economic activities is coupled with deteriorating working conditions and living standards. This book explores the informal economic activity of India as a case study to examine typical requirements in the work-lives of informal workers, and to develop a means to institutionalise the promotion of these requirements through labour law. Drawing upon Amartya Sen’s theoretical outlook, the book considers whether a capability approach to human development may be able to promote recognition and work-life conditions of a specific category of informal workers in India by integrating specific informal workers within a social dialogue framework along with a range of other social partners including state and non-state institutions. While examining the viability of a human development based labour law in an Indian context, the book also indicates how the proposals put forth in the book may be relevant for informal workers in other developing countries. This research monograph will be of great interest to scholars of labour law, informal work and workers, law and development, social justice, and labour studies.
Download or read book Reservation Capitalism written by Robert J. Miller and published by Bloomsbury Publishing USA. This book was released on 2012-03-09 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book investigates the history and future of American Indian economic activities and explains why tribal governments and reservation communities must focus on creating sustainable privately and tribally owned businesses if reservation communities and tribal cultures are to continue to exist. Native American peoples suffer from health, educational, infrastructure, and social deficiencies that most Americans who live outside of tribal lands are wholly unaware of and would not tolerate. By creating sustainable economic development on reservations, however, gradual, long-term change can be effected, thereby improving the standard of living and sustaining tribal cultures. Reservation "Capitalism": Economic Development in Indian Country supplies the true history, present-day circumstances, and potential future of Indian communities and economics. It provides key background information on indigenous economic systems and property rights regimes in what is now the United States, and explains how the vast majority of native lands and natural resource assets were lost. The book focuses on strategies for establishing privately and publicly owned economic activities on reservations and creating economies where reservation inhabitants can be employed, live, and buy the necessities of life, thereby enabling complete tribal self-sufficiency and self-determination.
Download or read book Labour Law Reforms in India written by Anamitra Roychowdhury and published by Taylor & Francis. This book was released on 2018-03-28 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour market flexibility is one of the most closely debated public policy issues in India. This book provides a theoretical framework to understand the subject, and empirically examines to what extent India’s ‘jobless growth’ may be attributed to labour laws. There is a pervasive view that the country’s low manufacturing base and inability to generate jobs is primarily due to rigid labour laws. Therefore, job creation is sought to be boosted by reforming labour laws. However, the book argues that if labour laws are made flexible, then there are adverse consequences for workers: dismantled job security weakens workers’ bargaining power, incapacitates trade union movement, skews class distribution of output, dilutes workers’ rights, and renders them vulnerable. The book: identifies and critically examines the theory underlying the labour market flexibility (LMF) argument employs innovative empirical methods to test the LMF argument offers an overview of the organised labour market in India comprehensively discusses the proposed/instituted labour law reforms in the country contextualises the LMF argument in a macroeconomic setting discusses the political economy of labour law reforms in India. This book will interest scholars and researchers in economics, development studies, and public policy as well as economists, policymakers, and teachers of human resource management.
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:
Download or read book Tribal Business Structure Handbook written by Karen J. Atkinson and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive resource on the formation of tribal business entities. Hailed in Indian Country Today as offering "one-stop knowledge on business structuring," the Handbook reviews each type of tribal business entity from the perspective of sovereign immunity and legal liability, corporate formation and governance, federal tax consequences and eligibility for special financing. Covers governmental entities and common forms of business structures.
Download or read book Research Handbook on the Economics of Labor and Employment Law written by Michael L. Wachter and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔWachter and Estlund have assembled a feast on the economic analysis of issues in labor and employment law for scholars and policy-makers. The volume begins with foundational discussions of the economic analysis of the individual employment relationship and collective bargaining. It then progresses to discussions of the theoretical and empirical work on a wide range of important labor and employment law topics including: union organizing and employee choice, the impact of unions on firm and economic performance, the impact of unions on the enforcement of legal rights, just cause for dismissal, covenants not to compete and employment discrimination. Anyone who wants to study what economists have to say on these topics would do well to begin with this collection.Õ Ð Kenneth G. Dau-Schmidt, Indiana University Bloomington School of Law, US This Research Handbook assembles the original work of leading legal and economic scholars, working in a variety of traditions and methodologies, on the economic analysis of labor and employment law. In addition to surveying the current state of the art on the economics of labor markets and employment relations, the volumeÕs 16 chapters assess aspects of traditional labor law and union organizing, the law governing the employment contract and termination of employment, employment discrimination and other employer mandates, restrictions on employee mobility, and the forum and remedies for labor and employment claims. Comprising a variety of approaches, the Research Handbook on the Economics of Labor and Employment Law will appeal to legal scholars in labor and employment law, industrial relations scholars and labor economists.
Download or read book An Outline of Law and Procedure in Representation Cases written by United States. National Labor Relations Board. Office of the General Counsel and published by . This book was released on 1995 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:
