“The Irony of All of This, Is that They Failed to See the Irony of All This.”[1]

by Collin Delaney February 21 2007, 16:02
An Analysis of the Struggle Between American Law Schools and the Recruiters of the Department of Defense and the Judge Advocate General Corps.



By: Collin F. Delaney, Editor*.


*In the interest of full disclosure, the author accepted an offer to serve in the Air Force Judge Advocate General Corps’ Summer Intern Program in May-August of 2007. The views expressed in this article are solely those of the author.



I: Dear Abby



It was none other the iconic American advice columnist Dear Abby who noted, “fighting fire with fire only gets you ashes.”[2]. Despite the truth to Dear Abby’s statement, much of the United States’ social policy fails to heed this advice so readily accessible in our daily newspapers. Centuries of racial discrimination in this nation was perplexingly countered with affirmative action and other forms of racial quotas. Apparently, lawmakers felt that implementing prejudicial policies would be the best way to curb discrimination.



This “fire with fire” countermeasure has also seen implementation in countless numbers of our nation’s law schools. The controversies surrounding the U.S. Armed Forces policy of “Don’t Ask, Don’t Tell” toward homosexuals are well known. In response to this, beginning in the 1980s, U.S. law schools began banning Department of Defense (“DoD”) representatives from their campuses. [3]. Somehow, banning an organization because they banned a class of citizens did not seem at all odd to the respective law school administrations. To quote Jon Stewart, “The irony of all of this, is that they failed to see the irony of all of this.” [4].

[More]

Tags:

Labor

"Look for the Union Label": Are Immigrants the Key to Union Survival?

by Tina Liang February 6 2007, 19:30
I. Introduction



The importance of labor unions has diminished as membership rate has declined from 20.1 percent in 1983. [1] According to the U. S. Department of Labor's Bureau of Labor Statistics, 12.0 percent of employed wage and salary workers were union members in 2006, down from 12.5 percent a year earlier. [2] Given the declining numbers, some unions are looking to the 12 million undocumented workers in America. [3] Eliseo Medina, vice president of the Service Employees Union (SEIU), says "[t]here's no question we are going to have to organize and bring immigrants into our ranks, [i]f we don't, we are going to become irrelevant because we are not going to be representing the work force." [4] [More]

Tags:

Labor

From M-16s to the F.R.C.P. : The 11th Circuit's USERRA Blunder

by Collin Delaney October 26 2006, 16:12
I: Introduction


On June 19, 1879, General William Sherman famously declared that war is hell. [1]. It is undeniable that war demands great sacrifices from those who serve. In 1994, Congress sought to mitigate the depth of such sacrifices through the enactment of the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). The USERRA’s purpose is two fold: prevent employment discrimination against those who have served in the military and secure the reemployment of military servicepersons. [2].


The 11th Circuit erred in its interpretation of the USERRA in deciding the matter of Coffman v. Chugach. [3]. The ultimate holding was correct in light of the recognition of the plaintiff’s failure to establish a prima facie case. Despite this, the court’s method of arriving at its conclusion failed to establish an acceptable standard for future courts to follow. [More]

Tags:

Labor

Where Have You Gone Doogie Howser M.D.? A Nation Turns Its Lonely Eyes To You. [1].

by Collin Delaney September 22 2006, 16:13
A brief examination of the fiduciary, ethical, and professional paradigm shifts experienced by the health-care provider following the September 11th terrorist attacks.


As our nation recently observed the fifth anniversary of the September 11th attacks, one cannot help but reflect on the fundamental changes that have occurred since. Foreign and domestic policies have undergone watershed transitions, the effects of which are still being understood. Health-care in the United States, specifically the role of the health-care provider, is no exception.
Significant shifts have occurred and continue to occur in regard to how the government interacts, influences, and regulates health-care. New issues in medical ethics are now being vociferously debated. Even the day-to-day expectations of physicians and hospitals have seen marked change.
While certainly no one with any experience in health-care will classify the pre-September 11th period as simple, the inordinate complexity of health-care administration seems to be metastasizing at ever growing rates. Long gone are the Doogie days of introspectively typing one’s thoughts on the practice of medicine while basked in the green glow of a word processor. [More]

The Guest Worker: Will he or she stay?

by Sabeen Malik April 13 2006, 01:47
I. Introduction



As of April 10, 2006, the Senate of the United States was still at an impasse regarding immigration reform in the United States. One of the most contentious topics within the immigration reform debate has been the idea of a guest worker program. The House bill that was passed in December had no mention of a guest worker program. Several versions of the Senate bill have contained varied schemes for a guest worker program. This article will look at the different versions of the Senate guest worker programs and the influence of big business in developing these schemes. [More]

Tags:

Labor

The Maritime Labor Convention: New Protections for those who work on the High Seas

by Sabeen Malik March 16 2006, 01:23
I. Introduction



On February 23, 2006, the International Labor Organization adopted the Maritime Labor Convention. The convention is an attempt to consolidate all existing maritime labor regimes and to provide a comprehensive rights based charter for maritime employees. The United States participated in the conference in the hopes that by passing this convention more economic benefits may flow to the American maritime industry. The convention may provide a basis for American employees to maintain and enhance traditional rights such as maintenance and cure. [More]

Stakeholders and the Corporate Boardroom: Can Trade Unions help promote Corporate Social Responsibility?

by Sabeen Malik February 23 2006, 01:54
I. Introduction



A meeting at the UNEP headquarters in Nairobi, Kenya is focusing on the global trend to include more stakeholders in the corporate governance structure. The aim of this meeting is to promote links between environment sustainability, trade unions, and corporations. These trends are being followed in the U.S. as evidenced by the Securities and Exchange Commission proposal to allow large shareholders a direct voice in the nomination of board of directors. [More]

Tags:

Labor

Theme by Mads Kristensen

Invitation


We invite law professors, practitioners, and students to submit short articles for publication on this website. Simply email articles to the editors of the journal using the "Contact" form link above.   We also strongly encourage readers to post comments relating to a specific article or a topic covered by an article on the website. Just click on the "Comments" link located in the post footer below each article.

Recent Comments

Comment RSS

Disclaimer

This Journal is published by members of the Business Law Society at the University of Illinois College of Law. It is not a publication of the University of Illinois, and, therefore, the University of Illinois bears no responsibility for its content. Moreover, this Internet publication is prepared as an informational service only and should not be relied upon as legal advice. Although every attempt is made to ensure the information is accurate and timely, the information is presented "as is" and without warranties, either express or implied.