Print Issue Volume 98 - No. 5

Death and Taxes: The Crushing Tax Burden After a Student Loan Is Discharged Due to Death of a Student

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 many borrowers, the Internal Revenue […]

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Boeing, the IAM, and the NLRB: Why U.S. Labor Law Is Failing

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 the complaint, the company decided to […]

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State Sexual Harassment Definitions and Disaggregation of Sex Discrimination Claims

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 “non-sexual harassment”—where an employee has […]

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Oh the Places Stockholders Will Go! A Guide for Navigating Forum Selection Bylaws Outside of Delaware

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 later, in Galaviz v. Berg, a […]

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“Easy In, Easy Out”: A Future for U.S. Workplace Representation

This paper proposes an amendment to our basic labor laws that I call “easy in, easy out.” Essentially, representation elections—secret-ballot votes to decide whether employees want union representation and whether they want to be represented by the particular petitioning labor organization(s)—in relatively broad units, would, over time, become automatic. Every two years (unless the union […]

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Trilogy Redux: Using Arbitration to Rebuild the Labor Movement

The Supreme Court is in the midst of a revolution in arbitration jurisprudence comparable to that reflected in the Steel-workers Trilogy in 1960. While the Trilogy was hailed as a major accomplishment in labor relations, the current revolution is devastating the rights of nonunion workers and consumers. The Court’s evisceration of the class action through […]

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Labor’s Soft Means and Hard Challenges: Fundamental Discrepancies and the Promise of Non-Binding Arbitration for International Framework Agreements

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 by multinational firms and global labor unions. […]

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Whither Wagner? Reconsidering Labor Law and Policy Reform

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 a steep, sustained decline in […]

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Less Is More: A Case for Structural Reform of the National Labor Relations Board

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 forth with changing administrations, this process of making law […]

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Keynote Address: The Pattern of Union Decline, Economic and Political Consequences, and the Puzzle of a Legislative Response

The Keynote Address at the Volume 98 Minnesota Law Review Symposium explores the question of the future of organized labor in the United States. -Editors of the Minnesota Law Review

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