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Volume 4, Issue 3 - Published as University of Pennsylvania Journal of Labor and Employment Law

Articles & Essays

Worker Rights as Human Rights: Wagner Act Values and Moral Choices (PDF)

James A. Gross


Employee Organization in Silicon Valley: Networks, Ethnic Organization, and New Unions (PDF)

Alan Hyde


Immigrant Workers and the Domestic Enforcement of International Labor Rights (PDF)

Michael J. Wishnie


Should We Return to the Policy of the Wagner Act? (PDF)

Michael D. Yates


CHAOS in the Airline Industry: Picking Up Where Association of Flight Attendants v. Alaska Airlines Left Off (PDF)

Joshua Akbar


Biting the Hand that Feeds You: How Federal Law has Permitted Employers to Violate the Basic Rights of Farmworkers and how this has Begun to Impact Other Industries (PDF)

Sean A. Andrade


Of Ducks and Dissertations: A Call for a Return to the National Labor Relations Board’s “Primary Purpose Test” in Determining the Status of Graduate Assistants Under the National Labor Relations Act (PDF)

Gregory Gartland


The Taxability of Frequent Flyer Credits Earned by Employees: Why the IRS Has Remained Silent on the Issue (PDF)

Darrell L. Oliveira


The Denial of Benefits to the Same-Sex Domestic Partners of State Employees: How Do Claims of Discrimination Fare Outside the Shadow of ERISA Preemption? (PDF)

Alex Turner

Selected Labor and Employment Law Updates 695
Book Review 699
Selected Current Bibliography 709


Volume 4, Issue 2 - Published as University of Pennsylvania Journal of Labor and Employment Law


The Use of Personality Tests as a Hiring Tool: Is the Benefit Worth the Cost? (PDF)

Susan J. Stabile


Deterrence v. Material Harm: Finding the Appropriate Standard to Define an “Adverse Action” in Retaliation Claims Brought Under the Applicable Equal Employment Opportunity Statutes (PDF)

Joel A. Kravetz


Corrections Before Representation Elections: Restoring “Laboratory Conditions” by Repudiating Unfair Labor Practices (PDF)

Michael D. Moberly


What Recent Court Cases Indicate About English-only Rules in the Workplace: A Critical Look at the Need for a Supreme Court Ruling on the Issue (PDF)

Rosanna K. McCalips


An Examination of Drug-Testing as a Mandatory Subject of Collective Bargaining in Major League Baseball (PDF)

Mark M. Rabuano

Selected Labor and Employment Law Updates 463
Book Review 467
Capsule Reviews 471
Selected Current Bibliography 473


Volume 4, Issue 1 - Published as University of Pennsylvania Journal of Labor and Employment Law


Evolving Conflict Between Standards for Employment Discrimination Liability and the Delegation of that Liability: Does Employment Practices Liability Insurance Offer Appropriate Risk Transference? (PDF)

Joan Gabel, Nancy Mansfield, Ellwood Oakley & Tom Lundin, Jr.


How Would Today’s Employees Fare in a Recession? (PDF)

Edwin R. Render


There is No Plain Meaning: The Jurisprudence of ERISA and the “Exclusive Benefit” Rule (PDF)

Kathryn E. Diaz


Agency and Coercion in Labor and Employment Relations: Four Dimensions of Power in Shifting Patterns of Work (PDF)

Orly Lobel


Bringing Back the Yard-Man Inference (PDF)

Jason Blumberg


Exclusive Union Control of Pension Funds: Taft-Hartley’s Ill-Considered Prohibition (PDF)

Stephen Fogdall

Selected Labor and Employment Law Updates 237
Book Review 243
Selected Current Bibliography 275