The Labor Dispute Disqualification -- A Primer and Some Problems

Particularly in the last five years there has been a substantial maturing of the labor dispute disqualification of the various state unemployment compensation statutes. The unpredictable and vacillating administrative decision has given way to more authoritative court decision. In turn, the nonconforming court decision has tended to disappear as clear majority interpretations of the various questions arising under the disqualification begin to develop. Further, and perhaps most significantly, a number of states which have experimented with various nonconforming types of labor dispute disqualification provisions have tended to abandon these experiments and return to the more conventional pattern. Hence, with regard to most of the questions arising under the labor dispute disqualification, generally accepted answers are emerging--answers which do not vary across jurisdictional lines. There has been scholarly exploration with respect to all questions in the labor dispute disqualification. The various ramifications have been evaluated in inquiring and thorough detail.\u27 It now appears to be time for a primer, and the first part of this article is so designed. Yet it is highly inaccurate to state that the possibility of change in the labor dispute disqualification has disappeared. Some problems it raises continue to invade areas of sensitive concern both to employers and to employees. The second portion of this article will be directed at exploring some of those more sensitive areas

A Critique of The Constitution and Job Discrimination

Let this comment on Dean Countryman\u27s article begin with a statement of those portions of his analysis with which the writer is in complete agreement. First, as a matter of general constitutional approach, I agree with his opposition to the assertion that there are ascertainable neutral principles of constitutional law. It seems inescapable to me that neutrality or lack thereof is in the eye of the beholder

Stability and Change in Constitutional Law

This characterization of the role of the United States Constitution by the great Chief Justice one hundred and forty-four years ago accurately sets the scene for a consideration of stability and change in constitutional law. To have viewed the United States Constitution as a code would have been contrary to the entire common-law tradition out of which it grew. Instead, as this quotation reveals, it has never been seen as establishing a set, unchangeable meaning. The history of constitutional interpretation in the United States reveals that Pound\u27s famous dictum, law must be stable and yet it cannot standstill, is not limited to the development of statutory law or administrative edict

Our freedoms : Rights and responsibilities

Texas262 p.; 23 c

Constitutional Analysis in a Nutshell

This authoritative text provides a framework for understanding individual liberty and governmental power and the institutional role played by the U.S. Supreme Court. Coverage includes judicial review, commerce clause and state powers, federalism, separation of powers, congressional and executive powers, and individual civil rights and civil liberties. Includes diagrams that aid understanding of the fundamentals of our system of government.https://ecollections.law.fiu.edu/faculty_books/1045/thumbnail.jp