The Incidental Regulation of Policing
By Seth W. Stoughton. Full text here. What do the laws governing municipal annexation, collective bargaining, and race-conscious employment decisions have in common? Each plays a significant and underappreciated role in shaping local law enforcement practices even though each, on its face, has nothing to do with policing. This Article explores the incidental regulation of policing,…
Continue ReadingEntrapped: A Reconceptualization of the Obedience to Orders Defense
By Monu Bedi. Full text here. “I was just following orders,” and, “The government made me do it,” are phrases from two different criminal law defenses: obedience to orders and entrapment. A military defense, obedience to orders allows a soldier to escape liability by arguing that she was obeying orders when she committed the supposed crime.…
Continue ReadingExposed
By Derek E. Bambauer. Full text here. The production of intimate media—amateur, sexually explicit photos and videos—by consenting partners creates social value that warrants increased copyright protection. The unauthorized distribution of these media, such as via revenge porn, threatens to chill their output. To date, scholarly attention to this problem has focused overwhelmingly on privacy and…
Continue ReadingNational Security and the Constitution: A Conversation Between Walter F. Mondale and Robert A. Stein
By Walter F. Mondale, Robert A. Stein, & Monica C. Fahnhorst. Full text here. Professor Robert A. Stein, Dean of the University of Minnesota Law School for fifteen years and former Chief Operating Officer of the American Bar Association, endowed this lecture series to enrich the program of the University of Minnesota Law School by inviting…
Continue ReadingBoeing, the IAM, and the NLRB: Why U.S. Labor Law Is Failing
By Julius G. Getman. Full text here. In April 2011, the National Labor Relations Board’s Acting General Counsel, Lafe Solomon, issued a complaint against The Boeing Company. The complaint alleged that Boeing violated the National Labor Relations Act by shifting assembly work on its 787 Dreamliner from Everett, Washington, to North Charleston, South Carolina. According to…
Continue ReadingGuns, Firms, and Zeal: Deconstructing Labor-Management Relations and U.S. Employment Policy
By Philip A. Miscimarra. Full text here. Jared Diamond has received wide acclaim for his Pulitzer Prize-winning book—Guns, Germs, and Steel: The Fates of Human Societies—which charts the path of human history. Professor Diamond asks why Europeans explored and dominated populations in North America and Africa, rather than the other way around, and he concludes that…
Continue ReadingCompliance of the United States with International Labor Law
By David Weissbrodt & Matthew Mason. Full text here. The United States is one of 185 member states of the International Labour Organization (ILO). Despite holding a permanent seat on the ILO Governing Body, the United States is a party to only 14 of the 189 labor conventions and two of eight core conventions. The United…
Continue ReadingKeynote Address: The Pattern of Union Decline, Economic and Political Consequences, and the Puzzle of a Legislative Response
By Craig Becker. Full text here. The Keynote Address at the Volume 98 Minnesota Law Review Symposium explores the question of the future of organized labor in the United States.
Continue ReadingLess Is More: A Case for Structural Reform of the National Labor Relations Board
By Zev J. Eigen & Sandro Garofalo. Full text here. Historically, the National Labor Relations Board (NLRB or Board) has interpreted the unfair labor practice provisions of the National Labor Relations Act (NLRA or Act) primarily through the adjudication of individual cases involving charges against employers or unions. Because control of the Board shifts back and…
Continue ReadingWhither Wagner? Reconsidering Labor Law and Policy Reform
By Sara Slinn. Full text here. Although Canada and the United States have both adopted labor relations legal frameworks based on the Wagner model, labor relations have played out very differently in the two countries. This is particularly evident in the countries’ divergent trajectories of changing union density. In recent decades the United States has experienced…
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