Note: Oh the Places Stockholders Will Go! A Guide for Navigating Forum Selection Bylaws Outside of Delaware
By Stephanna F. Szotkowski. Full text here. Until 2010, stockholders initiated intra-corporate, derivative suits by default in the state of incorporation. Vice Chancellor Laster of the Delaware Court of Chancery suggested in dicta in In re Revlon that boards of directors and stockholders could include an exclusive forum selection clause in their charter provisions. One year…
Continue ReadingNote: State Sexual Harassment Definitions and Disaggregation of Sex Discrimination Claims
By Eleanor Frisch. Full text here. Sex discrimination hostile work environment jurisprudence has developed along two separate lines. Claims for harassment based on sexual advances or other sexual conduct constitute “sexual harassment” and must fulfill the sexual-specific definitions and rules developed by courts and the EEOC. On the other hand, hostile work environment claims based on…
Continue ReadingNote: Death and Taxes: The Crushing Tax Burden After a Student Loan Is Discharged Due to Death of a Student
By Terran Chambers. Full text here. The country is currently facing a student loan crisis, with the amount of outstanding student loan debt exceeding the amount of credit card and auto loan debt. Students, often uninformed of the intricacies in their lending options, may have the option to choose federal or private student loans. Unbeknownst to…
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…
Continue ReadingLabor’s Soft Means and Hard Challenges: Fundamental Discrepancies and the Promise of Non-Binding Arbitration for International Framework Agreements
By César F. Rosado Marzán. Full text here. Globalization has led to union decline almost universally across the world’s capitalist democracies. But despite globalization, global labor unions have been able to sign International Framework Agreements (IFAs) with more than 110 multinational corporations that cover about 9 million workers, excluding contractors and suppliers. IFAs are agreements signed…
Continue Reading