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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.

United States, Labor unions

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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.

Employee dismissals, Employment terminations, Employment at will, states

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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.

Social aspects, Analysis, Equality before the law, Equal protection, Affirmative action, Employment discrimination

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