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Participant And Commentator, Study Group On A Restatement Of European Labour Law, Thomas Kohler Apr 2006

Participant And Commentator, Study Group On A Restatement Of European Labour Law, Thomas Kohler

Thomas C. Kohler

No abstract provided.


The Notion Of Solidarity And The Secret History Of American Labor Law, Thomas Kohler Jan 2005

The Notion Of Solidarity And The Secret History Of American Labor Law, Thomas Kohler

Thomas C. Kohler

No abstract provided.


The Notion Of Solidarity And The Secret History Of American Labor Law, Thomas Kohler Dec 2004

The Notion Of Solidarity And The Secret History Of American Labor Law, Thomas Kohler

Thomas C. Kohler

"Solidarity," a term not overly familiar to Americans, sometimes seems to have as many meanings as it has users. The concept became incorporated into American thought during the 19th and 20th century waves of Catholic and Jewish immigration. It provides a European vision of communitarian social order that competes with the "unencumbered self" - America's unique brand of individualism. Among philosophers, politicians, religious thinkers, and social activists, solidarity theory sought to redefine the then-prevailing views of social bonds. Nowhere is this more apparent than in the American labor movement, which espouses as its core values the principles of unity and …


Lost Foundations: The Religious Voice And Employee Participation In The United States And Germany, Thomas Kohler Dec 2004

Lost Foundations: The Religious Voice And Employee Participation In The United States And Germany, Thomas Kohler

Thomas C. Kohler

No abstract provided.


The Story Of Nlrb V. Mackay Radio & Telegraph Co.: The High Cost Of Solidarity, Thomas Kohler, Julius Getman Dec 2004

The Story Of Nlrb V. Mackay Radio & Telegraph Co.: The High Cost Of Solidarity, Thomas Kohler, Julius Getman

Thomas C. Kohler

In 1938, in NLRB v. Mackay Radio & Telegraph Co., the Supreme Court offered one of its earliest interpretations of the National Labor Relations Act. Although the Court's holding provided that employers may not discriminate against employees for their union activity when the strike is over and workers are reinstated, dicta in the opinion also provided that under the NLRA employers enjoy an unrestricted right to replace strikers. In the 70 years since the Court's announcement, scholars remain baffled by the contradictions presented by the "Mackay doctrine" - a rule that forbids employers from discharging legally protected strikers while, at …


What’S Wrong With An International Labor Market?, Thomas Kohler Nov 2004

What’S Wrong With An International Labor Market?, Thomas Kohler

Thomas C. Kohler

No abstract provided.


National Labor Relations Act, Thomas Kohler Dec 2003

National Labor Relations Act, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Comments On Weiss' 'Trade Unions, Worker's Participation, And Collective Bargaining In Germany And In The Eu', Thomas Kohler Dec 2003

Comments On Weiss' 'Trade Unions, Worker's Participation, And Collective Bargaining In Germany And In The Eu', Thomas Kohler

Thomas C. Kohler

No abstract provided.


The Japan International Labor Law Foundation Distinguished Lectures, Thomas Kohler Jan 2003

The Japan International Labor Law Foundation Distinguished Lectures, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Comparative Advantages? The Protection Of The Employment Bond In German And American Law, Thomas Kohler Dec 2002

Comparative Advantages? The Protection Of The Employment Bond In German And American Law, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Employee Representation, The Notion Of Solidarity And The Secret History Of American Labor Law, Thomas Kohler Dec 2002

Employee Representation, The Notion Of Solidarity And The Secret History Of American Labor Law, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Comparative Labor Law: Some Reflections On The Way Ahead, Thomas C. Kohler Dec 2002

Comparative Labor Law: Some Reflections On The Way Ahead, Thomas C. Kohler

Thomas C. Kohler

No abstract provided.


Major-League-Baseball-Streik 1994-1995, Thomas Kohler Sep 2001

Major-League-Baseball-Streik 1994-1995, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Article Reviewed: "Kündigungsschutz In Deutschland Und Den Usa", Thomas Kohler Mar 2000

Article Reviewed: "Kündigungsschutz In Deutschland Und Den Usa", Thomas Kohler

Thomas C. Kohler

No abstract provided.


Kündigungsschutz In Deutschland Und Den Usa, Thomas Kohler, Michael Kittner Mar 2000

Kündigungsschutz In Deutschland Und Den Usa, Thomas Kohler, Michael Kittner

Thomas C. Kohler

No abstract provided.


Conditioning Expectations: The Protection Of The Employment Bond In German And American Law, Thomas Kohler, Michael Kittner Dec 1999

Conditioning Expectations: The Protection Of The Employment Bond In German And American Law, Thomas Kohler, Michael Kittner

Thomas C. Kohler

According to many observers, one of the critical factors accounting for the unprecedented economic growth that the United States enjoyed during the past decade is a regulatory regime that places few restrictions on an employer's ability to shed unwanted employees. Similarly, the slower economic growth that Germany and Europe experienced during this period often is attributed to elaborate employment protection schemes that restrict the ability of employers to discharge undesired workers. These protections are blamed for making countries like Germany less attractive places for foreign investment. This piece examines in comparative perspective the restrictions the American and German regulatory schemes …


The Integrity Of Unrestricted Desire: Community, Values, And The Problem Of Personhood, Thomas Kohler Dec 1999

The Integrity Of Unrestricted Desire: Community, Values, And The Problem Of Personhood, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Autonomy And Personhood: The Implications For Labor And Employment Law, Thomas Kohler Dec 1999

Autonomy And Personhood: The Implications For Labor And Employment Law, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Betriebliche Interessenvertretung In Den Vereinigten Staaten: Ein Überblick, Thomas Kohler Oct 1998

Betriebliche Interessenvertretung In Den Vereinigten Staaten: Ein Überblick, Thomas Kohler

Thomas C. Kohler

No abstract provided.


The Disintegration Of Labor Law: Some Notes For A Comparative Study Of Legal Transformation, Thomas Kohler Apr 1998

The Disintegration Of Labor Law: Some Notes For A Comparative Study Of Legal Transformation, Thomas Kohler

Thomas C. Kohler

While acknowledging the difficulties inherent in a comparative approach to labor and employment ordering issues, the author argues that our times and circumstances force us to consider such a perspective. This essay looks at the some of the background and characteristics of the labor law regimes of the United States and Germany to reflect on where we have been and where we might be going, and concludes that we stand at the edge of a new world, one that may well entail a new culture of work and new ways of being for all its inhabitants.


Do We Own Ourselves?, Thomas Kohler Dec 1997

Do We Own Ourselves?, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Labor Law And Labor Relations: Comparative And Historical Perspectives, Thomas Kohler Dec 1997

Labor Law And Labor Relations: Comparative And Historical Perspectives, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Bonding And Flexibility: Employment Ordering In A Relationless Age, Thomas C. Kohler, Matthew Finkin Dec 1997

Bonding And Flexibility: Employment Ordering In A Relationless Age, Thomas C. Kohler, Matthew Finkin

Thomas C. Kohler

No abstract provided.


Review Of Labour Law And Industrial Relations In Germany, By Manfred Weiss, Thomas Kohler Dec 1996

Review Of Labour Law And Industrial Relations In Germany, By Manfred Weiss, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Remarks (As Panelist), Thomas Kohler Dec 1995

Remarks (As Panelist), Thomas Kohler

Thomas C. Kohler

No abstract provided.


Labour Law And Labour Relations: Comparative And Historical Perspectives, Thomas Kohler Dec 1995

Labour Law And Labour Relations: Comparative And Historical Perspectives, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Civic Virtue At Work: Unions As Seedbeds Of The Civic Virtues, Thomas Kohler Dec 1994

Civic Virtue At Work: Unions As Seedbeds Of The Civic Virtues, Thomas Kohler

Thomas C. Kohler

No abstract provided.


The Overlooked Middle, Thomas Kohler Dec 1992

The Overlooked Middle, Thomas Kohler

Thomas C. Kohler

In this Article, the author argues that significant elements concerning the discussion of labor law reform have been overlooked and that the steady decline of unions is not in fact an isolated occurrence. It is instead part of a much broader and deeply troubling trend, which has affected every mediating group in our society. However, our blinkered insistence on treating the deterioration of autonomous employee associations as a solitary phenomenon has precluded us from comprehending either the complexity of its causes or the full extent of its implications.

The author posits, therefore, that there is a pronounced tendency to overlook …


In Praise Of Little Platoons, Thomas Kohler Dec 1992

In Praise Of Little Platoons, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Lessons From The Social Charter: State, Corporation, And The Meaning Of Subsidiarity, Thomas C. Kohler Dec 1992

Lessons From The Social Charter: State, Corporation, And The Meaning Of Subsidiarity, Thomas C. Kohler

Thomas C. Kohler

No abstract provided.