Labor Law: Requiring Employer to Bargain With Old Union at New Location in “Runaway Shop” Situation Is Beyond NLRB’S Authority

The Court of Appeals for the District of Columbia has held that the NLRB cannot force an employer who has relocated his plant in order to escape a union to bargain with that union at the new location where the union had not secured a majority position. This note examines the possible remedies that may be available to the Board against such runaway shops and evaluates each of them in light of the language and purposes of the National Labor Relations Act

Hollywood\u27s Disappearing Act: International Trade Remedies to Bring Hollywood Home

This article addresses whether the film incentives offered by other countries are consistent with those countries’ obligations under international law and can be countered with countervailing duties under U.S. domestic law. In particular, this article discusses in some detail whether the foreign film incentives are consistent with these countries’ obligations under the World Trade Organization (WTO) Agreement on Subsidies and Countervailing Measures (the SCM Agreement)...The question addressed in this article is whether, under U.S. and WTO law, a foreign government can artificially lower the costs of production in an industry to such an extent that a number of U.S. companies choose to establish local production companies in that country and forego production in the U.S., thereby decimating the industry in the U.S. Specifically, as a case study, this article focuses on the Production Services Tax Credit (PSTC) film incentives that Canada offers to domestic and foreign film companies alike to produce films that need not possess any Canadian content...The article concludes that the above-described foreign film incentives, and the PSTC film incentives in Canada in particular, most likely are inconsistent with those WTO Members’ obligations under WTO law, as they adversely affect the U.S. feature film production industry. The U.S. Government could therefore pursue a dispute settlement case on this issue in the WTO, requesting that Canada (and other countries with similar film incentive programs) be ordered to abolish those incentives. In the U.S., the U.S. Government could also initiate an action to impose countervailing duties on the subsidized films when they are imported into the U.S. After providing an analysis supporting this conclusion, this article discusses the advantages and disadvantages of the various remedies that could be pursued, considers the obstacles to a legal challenge to the film incentive programs, and provides recommendations for how interested parties in the U.S. might proceed

Third-Party Beneficiaries of Government Contracts: Imagining an Equitable Approach and Applying It to Broken Promises in Detroit

Courts have widely adopted a heightened standard for recognizing third-party beneficiaries of government contracts. But the justifications offered for the heightened standard do not withstand scrutiny. Instead, courts should apply a series of equitable factors to produce results consistent with the concern for “manifest justice” that animates third-party beneficiary doctrine. Governments make contracts frequently, often to address issues of huge importance to their citizens, including housing, economic development, and healthcare. In each of these areas, third-party beneficiary doctrine may be an important avenue of relief to citizens harmed by broken promises and may encourage the government and its contracting partners to more seriously include citizens in their decisionmaking. This Note proposes reforms to third-party beneficiary doctrine necessary for that to happen and applies those reforms to a pair of government contracts made in Detroit

Forgotten Youth: Homeless LGBT Youth of Color and the Runaway and Homeless Youth Act

Over the years, the rate of youth homelessness in America has steadily risen, prompting the creation and subsequent revision of corrective policies. One such policy is the Runaway and Homeless Youth Act of 1974. The Act is not a cure-all for homelessness but it does provide services and programs specifically designed to aid homeless youth. It has had some success, but not all homeless youth benefit from it equally.Obviously, the youth population is not a homogenous one. Youth are of varying ages, races, genders, and sexualities. Unfortunately, the Runaway and Homeless Youth Act does not specifically account for these differences which causes some youth in need to miss out on the services and programs that their peers receive. As a result, there is presently a disproportionate percentage of youth of color, and especially LGBT youth of color, who experience homelessness in a given year compared to their overall percentage in the general population. Thus, this Comment focuses on how and why this problem occurs, the effects it has on homeless LGBT youth of color, and then proposes specific revisions to the Runaway and Homeless Youth Act that would better remedy the present pervasive homelessness amongst LGBT youth of color and in effect, all homeless youth

Forgotten Youth: Homeless LGBT Youth of Color and the Runaway and Homeless Youth Act

Over the years, the rate of youth homelessness in America has steadily risen, prompting the creation and subsequent revision of corrective policies. One such policy is the Runaway and Homeless Youth Act of 1974. The Act is not a cure-all for homelessness but it does provide services and programs specifically designed to aid homeless youth. It has had some success, but not all homeless youth benefit from it equally.Obviously, the youth population is not a homogenous one. Youth are of varying ages, races, genders, and sexualities. Unfortunately, the Runaway and Homeless Youth Act does not specifically account for these differences which causes some youth in need to miss out on the services and programs that their peers receive. As a result, there is presently a disproportionate percentage of youth of color, and especially LGBT youth of color, who experience homelessness in a given year compared to their overall percentage in the general population. Thus, this Comment focuses on how and why this problem occurs, the effects it has on homeless LGBT youth of color, and then proposes specific revisions to the Runaway and Homeless Youth Act that would better remedy the present pervasive homelessness amongst LGBT youth of color and in effect, all homeless youth