Saturday, October 15, 2005

Hollywood Unions Unite on Apple iPod Residuals

Buyers of Apple's new video iPod can download television shows such as "Desperate Housewives" and "Lost" for $1.99 apiece the day after the shows originally broadcast.  Last week, ABC executives suggested that the writers' share of each $1.99 download would be calculated according to the formula covering DVD sales.  Yesterday, WGA West President Patrick Varrone sent a letter to members saying that the writers' guilds were united in opposing this formula.  They believe the applicable formula is the one used for pay television, which gives writers a much greater percentage of revenues.  For more information, see today's The Hollywood Reporter article on the subject.

October 15, 2005 | Permalink | Comments (0) | TrackBack (0)

Friday, October 14, 2005

ERISA & Emmployee Benefits Manuals

Erisa_factscopyBenefits_facts For those of us who know just enough about ERISA and employee benefits to be dangerous, here are two excellent reference books.  They are incredibly comprensensive, yet their structure and index make them easy to use.  They are written by practitioners primarily for practitioners, human resources and benefits managers, and plan administrators and sponsors.  I have found them to be a very useful reference source.  The publisher is The National Underwriter Company.

October 14, 2005 in Scholarship | Permalink | Comments (0) | TrackBack (0)

Thursday, October 13, 2005

Northwest, Bankruptcy, and Collective Bargaining Agreements

Northwest Airlines yesterday filed a motion in federal bankruptcy court (S.D.N.Y., Case No. 05-17930) requesting permission to reject its collective bargaining agreements with six unions.  This raises the same issue discussed in yesterday's blog regarding Delphi Corp.: under what circumstances can a company use bankruptcy to walk away from its labor agreements?

October 13, 2005 | Permalink | Comments (0) | TrackBack (0)

New Labor Book

Congratulations to Professor Ellen Dannin, Wayne State University Law School.  Her book Taking Back the Workers’ Law – How to Fight the Assault on Labor Rights will be published by Cornell University Press in March 2006.

October 13, 2005 in Scholarship | Permalink | Comments (0) | TrackBack (0)

Wednesday, October 12, 2005

Delphi, Bankruptcy, and Collective Bargaining Agreements

Delphi Corp. claims that its recent bankruptcy filing was precipitated by high labor and pension costs.  This raises yet again the legal issue of the standards that must be met before a debtor company can use bankruptcy to modify or reject a collective bargaining agreement previously negotiated with a union.  The federal circuits are split.  Some courts have held that a debtor may propose only those modifications that are essential to prevent the company's immediate liquidation.  Other courts focus instead on the long-term goal of a debtor's successful reorganization.  The Second Circuit, which has jurisdiction over the Delphi bankruptcy (Delphi, though based in Michigan, filed for bankruptcy in New York), applies the "long-term successful reorganization" standard.  This may be why the company chose to file in New York rather than in its home Sixth Circuit.  Bankruptcy courts within the Sixth Circuit are split over the proper standard to apply.  For further discussion of the legal issues, see Donald B. Smith & Richard A. Bales, Reconciling Labor and Bankruptcy Law: The Application of 11 U.S.C. Section 1113, 2001 MSU-Detroit Col. L. Rev. [now MSU L. Rev.] 1145.

October 12, 2005 | Permalink | Comments (1) | TrackBack (0)

Tuesday, October 11, 2005

Student Writing Competition

Chicago-Kent College of Law's Institute for Law and the Workplace and the law firm of Jackson Lewis are sponsoring the 2005-06 Louis Jackson National Student Writing Competition in Employment and Labor Law.  There will be one $3000 award two $1000 awards.  The deadline is January 18, 2006.  Questions should be directed to Professor Martin Malin.

October 11, 2005 in Scholarship | Permalink | Comments (1) | TrackBack (0)

Monday, October 10, 2005

St. Antoine to Speak Tomorrow

Theodore J. St. Antoine, noted labor law scholar and practitioner, will give a talk on “The AFL-CIO Split: Does the American Labor Movement Have a Future?” Tuesday, Oct. 11, at noon in the Law Center Auditorium of the University of Toledo College of Law.

St. Antoine’s talk will be the second in a series of three lectures at The University of Toledo College of Law to address the state of the American labor movement.

October 10, 2005 in Conferences & Colloquia | Permalink | Comments (0) | TrackBack (0)

New Casebook by Rutherglen & Donohue

Employment Discrimination: Law and Theory (Foundation Press)
by George A. Rutherglen (University of Virginia School of Law) and John J. Donohue III
(Yale Law School)
ISBN# 1-58778-914-0
Teacher's Manual Available

Here's the publisher's plug:

Employment Discrimination: Law and Theory, by George Rutherglen (University of Virginia School of Law) and John J. Donohue III (Yale Law School), is a pluralistic and yet concise introduction to the doctrine and theory of employment discrimination law. The book covers discrimination on the basis of race, national origin, sex, religion, age, and disability, and provides economic and political analysis from a wide range of different perspectives, both liberal and conservative. Comprehensive notes survey the current state of the law, raise questions for class discussion, and address the continuing controversies in this field.

A Teacher's Manual contains brief summaries of all cases, offers additional commentary on selected issues, and provides further questions for students beyond those provided in the casebook itself. A supplemental CD is available with PowerPoint slides, a text of cases, and statutes. The Teacher's Manual is also offered on CD, thus allowing professors to modify the materials as desired.

October 10, 2005 in Teaching | Permalink | Comments (0) | TrackBack (0)

Recently-Published Scholarship

Last week saw the publication of a slew of ERISA articles and one survey article:

George Lee Flint, Jr., ERISA: Fumbling the Limitations Period, 84 Neb. L. Rev. 313 (2005).

Donald T. Bogan, ERISA: State Regulation of Insured Plans After Davila, 38 John Marshall L. Rev. 693 (2005).

Richard Ehrhart, Section 409A-Treasury "Newspeak" Lost in the "Briar Patch," 38 John Marshall L. Rev. 743 (2005).

Albert Feuer, When Are Releases of Claims for ERISA Plan Benefits Effective?, 38 John Marshall L. Rev. 773 (2005).

Nell Hennessy, Follow the Money: ERISA Plan Investments in Mutual Funds and Insurance, 38 John Marshall L. Rev. 867 (2005).

Craig C. Martin & Elizabeth L. Fine, ERISA Stock Drop Cases: An Evolving Standard, 38 John Marshall L. Rev. 889 (2005).

Earl M. Jones, III, Jason R. Dugas, & Jennifer A. Youpa, Employment and Labor Law (Annual Survey of Texas Law), 58 SMU L. Rev. 785 (2005).

October 10, 2005 in Scholarship | Permalink | Comments (0) | TrackBack (0)

Sunday, October 9, 2005

Top-5 Employment Labor/Employment Downloads

Congratulations to Katherine Van Wezel Stone for once again topping the list!

#1
Flexibilization, Globalization, and Privatization: Three Challenges to Labor Rights in Our Time
Katherine V.W. Stone,                                
University of California, Los Angeles - School of Law,                                   
Date posted to database: August 11, 2005                   
Last Revised: August 26, 2005

#2
Managerial Incentives in Highly Levered Firms                
Alex  Edmans,                                
Massachusetts Institute of Technology (MIT) - Sloan School of Management,                                   
Date posted to database: July 21, 2005                   
Last Revised: September 7, 2005

#3
Trade and Employment: Stylized Facts and Research Findings                   
Bernard  Hoekman,   L. Alan Winters,                                
World Bank - Development Economics Research Group (DECRG),                 World Bank - Development Economics Research Group (DECRG),                                   
Date posted to database: August 19, 2005                   
Last Revised: August 19, 2005

                  #4
Effect of Single-Tier versus Two-Tier Partnership Tracks at Am Law 200 Law Firms: Theory and Evidence
William  D.  Henderson,                                
Indiana University School of Law - Bloomington,                                   
Date posted to database: August 19, 2005                   
Last Revised: September 7, 2005

#5
Tax and Disability: Ability to Pay and the Taxation of Difference                  
Theodore P. Seto,   Sande  Buhai,                                
Loyola Law School (Los Angeles),                 Loyola Law School (Los Angeles),                                   
Date posted to database: August 18, 2005                   
Last Revised: August 26, 2005

October 9, 2005 in Scholarship | Permalink | Comments (0) | TrackBack (0)