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Legal News
9 Aug 2014
by Kimberly Bennett

[JURIST] The US District Court for the Northern District of California [official website] on Friday ruled [materials] that the National Collegiate Athletic Association (NCAA) [official website] cannot prevent college football and basketball players from selling the rights to their names and likenesses. The class action case was brought by a … [read more]


Student Commentary
9 Apr 2014
by Aubry Dicks of University of Richmond School of Law
edited by Josh Guckert

JURIST Guest Columnist Aubry Dicks, University of Richmond School of Law, Class of 2014, discusses recent decisions by the National Labor Relations Board concerning student athletes' rights to unionize...In January, the National College Players Association (NCPA) filed a petition on behalf of Kain Colter and other Northwestern University football players … [read more]


Legal News
28 Mar 2014
by Dominic Yobbi

[JURIST] The Chicago office for the National Labor Relations Board (NLRB) [official website] on Wednesday ruled [report, pdf] that football players at Northwestern University qualify as employees, and therefore have the right to unionize. In its finding, the NLRB used the "right to control" test, which considers a variety of … [read more]


Features
17 Dec 2013
by Zachariah Rivenbark

During the colonial and revolutionary period of the US, most Americans practiced agriculture. The early US also had a substantial population of laborers, a group that included artisans, indentured servants and slaves. Many laborers resided in the major colonial cities of Philadelphia, New York and Boston, and at times these … [read more]


Legal News
10 Dec 2013
by Theresa Donovan

[JURIST] The US Supreme Court [official website] on Tuesday dismissed [order, PDF] a case dealing with labor law on the grounds that certiorari was improvidently granted. In Unite Here Local 355 v. Martin Mulhall [SCOTUSblog backgrounder] the court addressed the issue of whether an employer and union can violate §302 … [read more]


Legal News
4 Dec 2013
by Sung Un Kim

[JURIST] The US Court of Appeals for the Fifth Circuit [official website] on Wednesday ruled [opinion, PDF] that employers can require their employees to sign an arbitration agreement prohibiting them to pursue claims in courts or in a class action. The ruling overturned a prior decision by the National Labor … [read more]


Features
20 Jul 2013
by Zachariah Rivenbark

In addition to the legislative acts highlighted above, the Taft-Hartley Act was adopted over the veto of US President Harry S. Truman in 1947. The law was aimed at curtailing the political actions and influence of labor unions in US federal elections. Specifically, the Act amended the National Labor Relations … [read more]


Legal News
19 Jul 2013
by Kimberly Bennett

[JURIST] The US Circuit Court of Appeals for the Fourth Circuit [official website] ruled [opinion, PDF] Wednesday that US President Barack Obama's recess appointments of three National Labor Relations Board (NLRB) [official website] members was unconstitutional. The court concluded that the president's three January 4, 2012, appointments to the Board … [read more]


Legal News
15 Jun 2013
by Kimberly Bennett

[JURIST] The US Court of Appeals for the Fourth Circuit [official website] ruled [opinion, PDF] on Friday that the National Labor Relations Board (NLRB) [official website] overstepped its authority by issuing a rule that would have required employers to post notices informing workers of their rights under federal labor law. … [read more]


Legal News
8 Jun 2013
by Matthew Pomy

[JURIST] The Obama administration on Thursday urged [text, PDF] the US Supreme Court [official website] to limit the scope of its review of the case challenging the president's power to temporarily fill vacancies in government offices. The government laid out its arguments limiting the scope of the case in the … [read more]


Legal News
7 May 2013
by Jaclyn Belczyk

[JURIST] The US Court of Appeals for the District of Columbia Circuit [official website] ruled [opinion, PDF] Tuesday that the National Labor Relations Board (NLRB) [official website] cannot require businesses to post a notice in the workplace about employees' rights to unionize. In 2011 the NLRB issued a regulation [JURIST … [read more]


Legal News
26 Apr 2013
by Jerry Votava

[JURIST] The Obama administration on Thursday petitioned [text, PDF] the US Supreme Court [official website] to uphold the president's ability to make executive appointments while the Senate is in recess. The recess appointment is a constitutional power that permits the president fill vacancies in the executive branch without the typical … [read more]


Professional Commentary
14 Mar 2013

JURIST Guest Columnist Karla Swift of the Michigan State AFL-CIO argues that the "right to work" laws enacted by the Michigan Legislature in 2012 are unconstitutional and were enacted in violation of Michigan's Open Meeting Act...The Michigan State AFL-CIO is currently pursuing two separate litigation paths challenging the so-called "right … [read more]


Academic Commentary
8 Mar 2013

JURIST Guest Columnist Theodore J. St. Antoine of the University of Michigan Law School says that although Michigan's right-to-work laws raise several constitutional issues and were adopted under unusual circumstances, the courts will likely uphold the core provisions prohibiting the union shop....One may believe, as I do, that so-called "right-to-work" … [read more]


Legal News
25 Jan 2013
by Sung Un Kim

[JURIST] The US Court of Appeals for the District of Columbia Circuit [official website] on Friday ruled [opinion, PDF] that the recess appointment of three members of the National Labor Relations Board (NLRB) [official website] by President Barack Obama [official website] was unconstitutional. The Obama administration argued that the president's … [read more]


Legal News
7 Sep 2012
by Michael Haggerson

[JURIST] A judge for the US District Court for the District of Arizona [official website] on Wednesday dismissed [opinion, PDF] a complaint by the National Labor Relations Board (NLRB) [official website] challenging an Arizona state constitutional amendment that guarantees a vote by secret ballot for employee representation. The NLRB, an … [read more]


Professional Commentary
24 Apr 2012

JURIST Guest Columnists Richard Kahlenberg, a senior fellow at The Century Foundation, and Moshe Marvit, a labor and employment discrimination lawyer, say that it is time to amend Title VII of the Civil Rights Act to include the individual's right to organize a union...I an earlier article, we proposed that … [read more]


Professional Commentary
23 Apr 2012

JURIST Guest Columnists Richard Kahlenberg, a senior fellow at The Century Foundation, and Moshe Marvit, a labor and employment discrimination lawyer, argue that it is time to amend Title VII of the Civil Rights Act to include the individual's right to organize a union...The National Labor Relations Act (NLRA) opens … [read more]


Student Commentary
20 Apr 2012

JURIST Guest Columnist Chris Schlag, University of Pittsburgh School of Law Class of 2014, is the president of the University of Pittsburgh School of Law's National Lawyers Guild chapter and vice president of the University of Pittsburgh School of Law's American Constitutional Society for Law and Policy. She explores the … [read more]


Student Commentary
2 Nov 2011

JURIST Guest Columnist Erick Posser, Villanova University School of Law Class of 2013, is a staff writer for the Villanova Sports and Entertainment Law Journal and an Executive Board member of the Villanova Sports and Entertainment Law Society. He writes on the implications of the Eight Circuit's decision in Brady … [read more]

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