Now showing items 2122-2141 of 4146

    • L.B. 155: Nebraska's Lemon Law: Synthesizing Remedies for the Owner of a Lemon 

      Conroy, Susan M. (Creighton University School of Law. Omaha, Nebraska, 1984)
      INTRODUCTION|Warranties are given to protect and assure the consumer that a purchased product will be as expected. Nowhere is this reliance so great as where the purchase is of a new automobile. Financially, this type of ...
    • L.B. 324: Codification of the Public Policy Exception to the Employment-At-Will Doctrine in Nebraska 

      Loudon, Timothy D. (Creighton University School of Law. Omaha, Nebraska, 1986)
      FIRST PARAGRAPH(S)|Absent a contract for a definite term, most nonunion, private sector employment relationships in this country are presumed to be terminable at will. The employment-at-will rule has been traced to an 1877 ...
    • L.B. 433: A New Legal Framework for Nebraska Condominiums 

      Gillaspie, Marjean M. (Creighton University School of Law. Omaha, Nebraska, 1984)
      INTRODUCTION|In Nebraska, as elsewhere, the condominium housing concept presents some unique legal questions. Condominium ownership is a hybrid of individual and community ownership. Each unit owner has a fee simple in his ...
    • L.B. 452: A Regional Interstate Banking Bill for Nebraska 

      O'Brien, Anne Stohr (Creighton University School of Law. Omaha, Nebraska, 1986)
      INTRODUCTION|For almost fifty years, the interstate expansion of commercial banks has been prohibited by federal law. However, for some time now, quasi-banking organizations ("nonbanks") have been providing financial ...
    • L.B. 568: Nebraska's New Drunken Driving Law 

      Daly, John M. (Creighton University School of Law. Omaha, Nebraska, 1983)
      INTRODUCTION|On April 14, 1982, the Nebraska Unicameral, by a margin of forty-four to two, voted to pass L.B. 568. The bill was signed by Governor Thone on April 16, 1982, and having been passed without an emergency clause, ...
    • L.B. 662: School District Reorganization in Nebraska 

      Heise, Mary K. (Creighton University School of Law. Omaha, Nebraska, 1986)
      INTRODUCTION|The reorganization of Nebraska's public school districts has been an emotional and controversial issue in Nebraska for many years. This Comment analyzes Legislative Bill 662 ("L.B. 662"), which calls for the ...
    • Labor Board's Ever Deepening Somnolence: Some Reflections of a Former Chairman, The 

      Gould, William B. IV (Creighton University School of Law. Omaha, Nebraska, 1999)
      INTRODUCTION|This is my second visit to Omaha, Nebraska - and both have been for the purpose of speeches to the Labor Relations and Employment Law Section of the State Bar of Nebraska. Both visits were arranged by David ...
    • Labor Law 

      Wessel, Deborah M. (Creighton University School of Law. Omaha, Nebraska, 1980)
      INTRODUCTION|Prior to the enactment of the National Labor Relations Act, employers could deny employees the right to organize or bargain collectively. Employer denial of those rights led to industrial strife and unrest, ...
    • Labor Law 

      Korb, Timothy L. (Creighton University School of Law. Omaha, Nebraska, 1982)
      INTRODUCTION|During the survey period, the Nebraska Supreme Court decided four significant cases in labor law. In Local No. 2088, AFSCME v. County of Douglas, the court issued new guidelines for the Commission of Industrial ...
    • Labor Law 

      Dougherty, Sandra L. (Creighton University School of Law. Omaha, Nebraska, 1981)
      INTRODUCTION|In the past survey year the Nebraska Supreme Court defined for the first time the term "to leave work voluntarily" as used in the Employment Security Law and decided two other labor cases of first impression. ...
    • Labor Law 

      Byam, Joseph C. (Creighton University School of Law. Omaha, Nebraska, 1981)
      INTRODUCTION|Of the many labor cases decided by the Eighth Circuit Court of Appeals during the survey period, the most noteworthy was Smith v. Hussmann Refrigerator Co. In that case, the court considered the doctrine of ...
    • Labor Law 

      Shapiro, Stephen B. (Creighton University School of Law. Omaha, Nebraska, 1982)
      INTRODUCTION|The Eighth Circuit decided significant cases in three diverse areas of labor law. The first section of this article examines the process of determining the appropriate wage rate at which backpay should be set ...
    • Labor Law - Arbitration - Safety Disputes Subject to Presumption of Arbitrability: Objective Evidence of Abnormally Dangerous Conditions Necessary to Invoke Protection of Section 502 of Labor Management Relations Act of 1947 - Gateway Coal Co. v. United Mine Workers, 94 S.Ct. 629 (1974) 

      Conley, Paul A. Jr. (Creighton University School of Law. Omaha, Nebraska, 1974)
      INTRODUCTION|On June 1,1971, miners at a large, underground coal mine in Greene County, Pennsylvania, struck over a safety dispute. The workers alleged that the mine was unsafe because of the return to work of two foremen ...
    • Labor Law - Donovan v. Rose Law Firm: The LMRDA and Persuader Activity 

      Saladino, Thomas L. (Creighton University School of Law. Omaha, Nebraska, 1986)
      INTRODUCTION|In Donovan v. Rose Law Firm,a panel of the Eighth Circuit Court of Appeals boldly stepped out of line with existing precedents from four other circuits. The action concerned the reporting requirements regarding ...
    • Labor Law - Gilmore Construction Co. v. Miller: Nebraska Redefines Directly Interested in a Labor Dispute 

      Jochum, Richard A. (Creighton University School of Law. Omaha, Nebraska, 1984)
      INTRODUCTION|Quite often more than just the members of a striking union will be affected by a strike. This is particularly true in situations where the laborers are organized on a craft basis. Frequently, the work of the ...
    • Labor Law - Has the Supreme Court Put Out the Fire on Court Ordered Affirmative Action 

      Botts, Sherman A. (Creighton University School of Law. Omaha, Nebraska, 1985)
      INTRODUCTION|The issue of racial inequality has been a prevalent source of friction throughout much of United States history, so much so that the phrase "race discrimination" has virtually achieved cliche status. The ...
    • Labor Law - Imminent Danger in the Workplace: Does the Employee Have a Choice 

      Sones, Wendy B. (Creighton University School of Law. Omaha, Nebraska, 1981)
      INTRODUCTION|The purpose behind the Occupational Safety and Health Act (OSHA) is to insure workers safe and unthreatening working conditions. Its aim is to correct dangerous conditions before a worker is confronted with ...
    • Labor Law - Managers of the Classroom, Private University Faculty at Yeshiva University Are Not Professional Employees under the NLRA 

      Pagano, Philip G. (Creighton University School of Law. Omaha, Nebraska, 1981)
      INTRODUCTION|In one of the most significant labor decisions handed down since collective bargaining rights were extended to educational faculties, the United States Supreme Court in a 5-4 decision, affirmed a Second Circuit ...
    • Labor Law - Preemption - Supreme Court Approves Unemployment Compensation for the Benefit of Striking Employees 

      Rossiter, Robert F. Jr. (Creighton University School of Law. Omaha, Nebraska, 1980)
      INTRODUCTION|The enactment of the National Labor Relations Act (NLRA) transferred jurisdiction over labor disputes from the state to the federal level. However, Congress refrained from delineating the complete scope and ...
    • Labor Law - Scope of NLRB Remedies - NLRB Cannot Order Release of Confidential Information in the Absence of Adequate Security 

      Ehrhart, David G. (Creighton University School of Law. Omaha, Nebraska, 1980)
      INTRODUCTION|In general the National Labor Relations Board (NLRB) and the Supreme Court have found an employer's refusal to disclose relevant information to be an unfair labor practice under section 8(a)(5) of the National ...