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As you know, Professor Cynthia Estlund, from NYU Law School, wrote a law review
article, Is the National Labor Relations Act an Outmoded Statute in the 21st Century?-which you
have been provided.
The article specifically highlights the effect of three (3) U.S. Supreme Court cases:
1.) First National Maintenance Corp v. NLRB;
2.) NLRB v. Kentucky River Community Care, Inc; and
3.) Lechmere v. NLRB.
Brief the three (3) cases using the IRAC method discussed in class.
Discuss whether you believe the cases favor labor or management, and why. Can we
discern a trend from these cases?
Read again Professor Estlund’s article, found at 57 Lab.Lw. 148 (2006), for assistance in
briefing these cases.
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