Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Bankruptcy Law (2)
- Business (2)
- Business Organizations Law (1)
- Civil Procedure (1)
- Civil Rights and Discrimination (1)
-
- Collective Bargaining (1)
- Dispute Resolution and Arbitration (1)
- Education (1)
- Evidence (1)
- Human Rights Law (1)
- Immigration Law (1)
- Intellectual Property Law (1)
- Jurisprudence (1)
- Labor Relations (1)
- Labor and Employment Law (1)
- Law and Economics (1)
- Legal Education (1)
- Litigation (1)
- Social and Behavioral Sciences (1)
Articles 1 - 10 of 10
Full-Text Articles in Law
Saturns And Rickshaws Revisited: What Kind Of Employment Arbitration System Has Developed?, Alexander Colvin, Kell Pike
Saturns And Rickshaws Revisited: What Kind Of Employment Arbitration System Has Developed?, Alexander Colvin, Kell Pike
Alexander Colvin
[Excerpt] In this article, we examine a new, more detailed dataset of employment arbitration cases administered by the American Arbitration Association (AAA), which includes information on many important aspects of these cases that are not included in the California Code of Civil Procedure disclosure requirements. With the availability of this new data, we are able to revisit Estreicher's argument and look at the question of whether employment arbitration has become a new Saturn system of justice providing better access to employees and to what degree it is different from the Cadillac-Rickshaw system of justice in employment litigation. We begin by …
Legal Education In The Era Of Globalisation: What Makes For Market Failure?, Darren O'Donovan
Legal Education In The Era Of Globalisation: What Makes For Market Failure?, Darren O'Donovan
Darren O'Donovan
Extract: Higher education is increasingly viewed, particularly in the United States, as a market approaching systemic failure. Legal education has been singled out as a subset of this overall trend, emblematic of a growing disconnect between investment and outcome. Internationalisation adds another layer of complexity and volatility to designing effective interventions that connect students with globalised opportunity. Crucially however, it also provides a chance for a rigorous re-evaluation of the purposes and modalities of legal education, and a greater reflection on sustainable growth rather than the reinforcing of bubble logic. In this chapter, I want to use the concept of …
Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Within The Common European Asylum System, Matthew Scott
Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Within The Common European Asylum System, Matthew Scott
Matthew Scott
Extreme weather events have the potential to cause serious harm and can contribute to displacement. Such events are expected to increase in frequency and/or intensity as a consequence of climate change. It is therefore of concern that there is widely considered to be a protection gap when affected individuals cross an international border. However, apart from a handful of cases in Australia and New Zealand, the contours of this perceived gap have not been fully explored in practice. In its judgment in Teitiota v Chief Executive of the Ministry of Business Innovation and Employment, the High Court of New Zealand …
The Compromised Worker And The Limits Of Employment Discrimination Law, Peter Siegelman
The Compromised Worker And The Limits Of Employment Discrimination Law, Peter Siegelman
Peter Siegelman
Why do employment discrimination plaintiffs fare so poorly? Many explanations have been offered, but this essay suggests a new one: a substantial fraction of all plaintiffs are “compromised” workers, meaning that they have done something on the job that might plausibly justify the treatment about which they are complaining. As a matter of both doctrine and logic, compromised plaintiffs can be legitimate victims of discrimination. But they face substantial difficulties in proving that their employer relied on a prohibited characteristic in its treatment of them because, by definition, their behavior offers a plausibly legitimate explanation for their treatment. After demonstrating …
Protecting Employee Rights And Prosecuting Corporate Crimes: A Proposal For Criminal Cumis Counsel, Josephine Sandler Nelson
Protecting Employee Rights And Prosecuting Corporate Crimes: A Proposal For Criminal Cumis Counsel, Josephine Sandler Nelson
J.S. Nelson
Standards Of Proof In Civil Litigation: An Experiment From Patent Law, Christopher B. Seaman
Standards Of Proof In Civil Litigation: An Experiment From Patent Law, Christopher B. Seaman
Christopher B. Seaman
No abstract provided.
The Death Of The American Trial, Robert Burns
The Death Of The American Trial, Robert Burns
Robert P. Burns
This book analyzes and criticizes the loss of one of the great achievements of our public culture, the American trial.
Recovering Costs Of Litigation As A Liquidation Expense, Adrian Walters
Recovering Costs Of Litigation As A Liquidation Expense, Adrian Walters
Adrian J Walters
No abstract provided.
Nation Of Adversaries: How The Litigation Explosion Is Reshaping America, Patrick Garry
Nation Of Adversaries: How The Litigation Explosion Is Reshaping America, Patrick Garry
Patrick M. Garry
No abstract provided.
Creditor-Funded Litigation In Corporate Insolvency, Adrian Walters
Creditor-Funded Litigation In Corporate Insolvency, Adrian Walters
Adrian J Walters
No abstract provided.