Local pesticide regulation

Article Abstract:

The US Supreme Court, in Wisconsin Public Intervenor v Mortier, strengthened environmental protection laws and states rights by holding that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) did not preempt a Casey, WI pesticide regulation. Key to the decision was finding that Congress did not express a clear intent that FIFRA would foreclose all other regulations on pesticide use. Opponents of the decision, mostly members of the pesticide industry, claim FIFRA must be amended to prevent states and localities from adopting onerous and inconsistent pesticide regulations.

State rights, Case Note, Ordinances, Municipal, Municipal ordinances, Pesticides policy, Pesticides regulation

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Regulating the internal labor market: an information-forcing approach to decision bargaining over partial relocations

Article Abstract:

Management plant relocation decisions should fall within the National Labor Relations Act's mandate that employers bargain in good faith with unions in all decisions regarding wages, hours and other employment terms and conditions. Moreover, placing a mandatory information disclosure requirement on management for such decisions not only widens the scope of required bargaining under the Act, but also complements internal labor market analysis, a theory which indicates the relation between management-labor bargaining and mutual, long-term profits.

Planning, Management, Powers and duties, Collective bargaining, Business relocation, Workers

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Weeding RICO out of garden variety labor disputes

Article Abstract:

The Racketeer Influenced and Corrupt Organizations Act (RICO) has been effectively used against corrupt labor unions, but its use in regular labor disputes threatens the coherence of established labor law. Labor law seeks to limit the 'weaponry' in the war between labor and management. Unions and employers dissatisfied with current labor law have increasingly been turning to private RICO actions. The preemption doctrine should be systematically employed to restrict the use of RICO in areas already covered by labor law.

Prevention, Labor disputes, Civil RICO actions

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