When does going to the doctor serve the public health? Medical monitoring response costs under CERCLA

Article Abstract:

Medical monitoring costs used to evaluate the extent of environmental damages should be recoverable by private parties under CERCLA. These costs qualify as response costs under Section 107(a)(4)(B), but are often not distinguished from medical treatment costs by courts. Although the Agency for Toxic Substances and Disease Registry was created to investigate the health effects of hazardous substances, its efforts are inadequate given the scope of the problem and can be cost-effectively supplemented by private enforcement efforts.

Health aspects, Public health, Powers and duties, Environmental monitoring, United States. Agency for Toxic Substances and Disease Registry

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Market forces and union decline: a response to Paul Weiler

Article Abstract:

Professor Paul Weiler has been a proponent of the theory that union decline is the result of illegal opposition by employers, which has been countered by statistical data from Professors Robert LaLonde and Bernard Meltzer on complaints under National Labor Relations Act Sections 8(a)(3) and 8(a)(5). In fact, the statistical debate is largely irrelevant since union decline can be traced to market forces such as structural changes in the US economy, increased competition and employee opposition to unions.

Economic aspects, Political aspects, Labor market

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Defining "ministerial aid": union decertification under the National Labor Relations Act

Article Abstract:

Permissible employer aid and influence in the decertification process of incumbent unions under the National Labor Relations Act is discussed. The author focuses upon National Labor Relations Board policy and practice, and concludes that a standard limiting all but nontrivial assistance should be instituted.

United States, Influence, Employers, Recall, Recall (Law)

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