Volume 98 - No. 5 Minnesota Law Review

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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Compliance of the United States with International Labor Law

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 States Department of Labor declares that U.S. laws […]

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Guns, Firms, and Zeal: Deconstructing Labor-Management Relations and U.S. Employment Policy

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 Europeans prevailed because of guns, germs, […]

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De Novo

  • Dan’s Flaw

    DAN’S [F]LAW: STATUTORY FAILURE TO ENFORCE ETHICAL BEHAVIOR IN CLINICAL DRUG TRIALS Noah Lewellen* I. INTRODUCTION Paul, a sophomore at the University of Minnesota, bursts into a lecture hall, loudly claims to see monsters sitting in the seats, and offers his services in slaying them. The police are called, and […]

  • Case Comment: Bhogaita v. Altamonte

    EVERY DOG CAN HAVE HIS DAY IN COURT: THE USE OF ANIMALS AS DEMONSTRATIVE EXHIBITS Kyle R. Kroll, Volume 100, Online Managing Editor In Bhogaita v. Altamonte, the Eleventh Circuit recently decided whether to allow a dog in the courtroom as a demonstrative exhibit.[1] Although the case presented many serious […]

  • Revisiting Water Bankruptcy

    REVISITING WATER BANKRUPTCY IN CALIFORNIA’S FOURTH YEAR OF DROUGHT Olivia Moe, Volume 100, Managing Editor This spring, as “extreme” to “exceptional” drought stretched across most of California—indicating that a four-year streak of drought was not about to resolve itself[1]—Governor Jerry Brown issued an unprecedented order to reduce potable urban water […]