From group rights to individual liberties: post-war labor law, liberalism, and the waning of union strength
Article Abstract:
The judicial effort to balance the individual rights of workers against the collective rights of the unions to which they belonged changed profoundly in the post-World War II years. At first, the concept of group pluralism led the courts to uphold the rights of unions. Later, rising intellectual distrust of special interests and belief in direct participatory democracy had the ironic effect of undermining the unionism that liberal intellectuals once championed.
Publication Name: Berkeley Journal of Employment and Labor Law
Subject: Law
ISSN: 1067-7666
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
Exploding the original myth regarding employment-at-will: the true origins of the doctrine
Article Abstract:
The concept of employment at-will was officially recognized by late nineteenth-century American courts only after it became an established common law concept arising from economic pressures. The argument that the doctrine was adopted to free congested courts from the burden of hearing employee dismissal cases is erroneous. The history of the doctrine in Georgia, Illinois, Montana, Texas and California is presented to evidence its common law stature.
Publication Name: Berkeley Journal of Employment and Labor Law
Subject: Law
ISSN: 1067-7666
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
Affirmative action: purveyor of preferential treatment or guarantor of equal opportunity? A call for a "revisioning" of affirmative action
Article Abstract:
Affirmative action, also known as Title VII, needs to be clarified. The 1964 Civil Rights Act was intended to eliminate discrimination against women and members of non-white races. Research into hiring practices shows Title VII has created a climate where mandating employment evaluators act in a non-prejudicial manner does not guarantee this behavior. Affirmative action must lead to equal opportunity for all qualified applicants.
Publication Name: Berkeley Journal of Employment and Labor Law
Subject: Law
ISSN: 1067-7666
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Teacher empowerment in education: a response. Faculty senates as labor organizations: an investigation of governance structures in higher education
- Abstracts: Practical aspects of defending bank mergers before the Federal Reserve Board and the Department of Justice. Balancing competitor cooperation and competition against consumer welfare and viable international competition
- Abstracts: The Cambodia settlement agreements. Drawing a better line: uti possidetis and the borders of new states. The protection of human rights through the Dayton/Paris Peace Agreement on Bosnia
- Abstracts: Courts address the interrelationship of divorce and post-divorce decrees and retirement plan provisions. ERISA's anti-alienation rule does not prohibit the IRS from garnishing taxpayer's interest in ERISA plan
- Abstracts: Punitive damages in arbitration: Mastrobuono and the need for creation of a national court of commercial appeals