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Full-Text Articles in Law
Collective Representation And Employee Voice In The U.S. Public Sector Workplace: Looking North For Solutions?, Martin H. Malin
Collective Representation And Employee Voice In The U.S. Public Sector Workplace: Looking North For Solutions?, Martin H. Malin
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Legislation enacted in many states following the 2010 elections in the United States strengthened unilateral public employer control and weakened employee voice. This rebalancing of power occurred in the context of state public employee labour relations acts modeled on the National Labor Relations Act (NLRA), but with a narrower scope of bargaining than in the private sector. This narrow scope channels unions’ voice away from the quality of public services and towards protecting members from the effects of decisions unilaterally imposed by management. The Supreme Court of Canada has held that the freedom of association guaranteed by the Charter of …
Danbury Hatters In Sweden: An American Perspective Of Employer Remedies For Illegal Collective Actions, César F. Rosado Marzán, Margot Nikitas
Danbury Hatters In Sweden: An American Perspective Of Employer Remedies For Illegal Collective Actions, César F. Rosado Marzán, Margot Nikitas
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The European Court of Justice's ("ECJ") Laval quartet held that worker collective actions that impacted freedom of services and establishment in the E.U. violated E.U. law. After Laval, the Swedish Labor Court imposed exemplary or punitive damages on labor unions for violating E.U. law. These cases have generated critical discussions regarding not only the proper balance between markets and workers’ freedom of association, but also what should be the proper remedies for employers who suffer illegal actions by labor unions under E.U. law. While any reforms to rebalance fundamental freedoms as a result of the Laval quartet will have to …
Punishment And Work Law Compliance: Lessons From Chile, César F. Rosado Marzán
Punishment And Work Law Compliance: Lessons From Chile, César F. Rosado Marzán
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Workplace law activists and reformers find it increasingly more difficult to obtain redress for violation of workers’ rights. Some of them are calling for stricter enforcement and tougher penalties to bring employers into compliance. However, after seven and half months of participant observation at the Labor Directorate and the labor courts of Chile, institutions that use punishment as their main tools of enforcement, I am skeptical about the likelihood of success of mere punishment for effective workplace law enforcement and compliance. I am skeptical even though Chile is a country recognized as the Latin American “jaguar” for its successful economy …
Do Cognitive Biases Affect Adjudication?: A Study Of Labor Arbitrators (With Monica Biernat), Martin H. Malin, Monica Biernat
Do Cognitive Biases Affect Adjudication?: A Study Of Labor Arbitrators (With Monica Biernat), Martin H. Malin, Monica Biernat
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Labor arbitrators were presented with four cases to decide, each involving a challenge to discipline or discharge of an employee resulting from a work-family conflict. Arbitrators were randomly given versions of the cases in which the gender and one other characteristivc of the employee were varied. The results showed little evidence of direct gender bias in decision-making but did reflect bias against single parents and employees with eldercare, as opposed to childcare, responsibilities. Implications for other adjudicators, including judges, jurors and administrative agency officials are discussed.
Due Process In Employment Arbitration: The State Of The Law And The Need For Self-Regulation, Martin H. Malin
Due Process In Employment Arbitration: The State Of The Law And The Need For Self-Regulation, Martin H. Malin
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No abstract provided.
Ethical Concerns In Drafting Employment Arbitration Agreements After Circuit City And Green Tree, Martin H. Malin
Ethical Concerns In Drafting Employment Arbitration Agreements After Circuit City And Green Tree, Martin H. Malin
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No abstract provided.
Analysis Of U.S. Supreme Court Employment Law Decisions, Henry H. Perritt Jr.
Analysis Of U.S. Supreme Court Employment Law Decisions, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Privatizing Justice But By How Much? Questions Gilmer Did Not Answer, Martin H. Malin
Privatizing Justice But By How Much? Questions Gilmer Did Not Answer, Martin H. Malin
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No abstract provided.
Fathers And Parental Leave Revisited, Martin H. Malin
Fathers And Parental Leave Revisited, Martin H. Malin
All Faculty Scholarship
No abstract provided.
Arbitrating Statutory Employment Claims In The Aftermath Of Gilmer, Martin H. Malin
Arbitrating Statutory Employment Claims In The Aftermath Of Gilmer, Martin H. Malin
All Faculty Scholarship
No abstract provided.
Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin
Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin
All Faculty Scholarship
No abstract provided.
Fathers And Parental Leave, Martin H. Malin
Fathers And Parental Leave, Martin H. Malin
All Faculty Scholarship
No abstract provided.
Implied Covenant: Anachronism Or Augur, Henry H. Perritt Jr.
Implied Covenant: Anachronism Or Augur, Henry H. Perritt Jr.
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No abstract provided.
Health Care Plans And Erisa, Henry H. Perritt Jr.
Health Care Plans And Erisa, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Affirmative Action Issues And The Role Of External Law In Labor Arbitration (With L. Stallworth) (Symposium), Martin H. Malin
Affirmative Action Issues And The Role Of External Law In Labor Arbitration (With L. Stallworth) (Symposium), Martin H. Malin
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No abstract provided.
The Future Of Wrongful Dismissal Claims: Where Does Employer Self Interest Lie?, Henry H. Perritt Jr.
The Future Of Wrongful Dismissal Claims: Where Does Employer Self Interest Lie?, Henry H. Perritt Jr.
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No abstract provided.
Should Some Independent Contractors Be Redefined As "Employees" Under Labor Law?, Henry H. Perritt Jr.
Should Some Independent Contractors Be Redefined As "Employees" Under Labor Law?, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Artificial Intelligence Techniques For Evaluating Employee Terminations On A Personal Computer, Henry H. Perritt Jr.
Artificial Intelligence Techniques For Evaluating Employee Terminations On A Personal Computer, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Wrongful Dismissal Legislation, Henry H. Perritt Jr.
Wrongful Dismissal Legislation, Henry H. Perritt Jr.
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No abstract provided.
Preclusive Effect Of Administrative Decisions In Wrongful Dismissal Suits, Henry H. Perritt Jr.
Preclusive Effect Of Administrative Decisions In Wrongful Dismissal Suits, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Protecting The Whistleblower From Retaliatory Discharge, Martin H. Malin
Protecting The Whistleblower From Retaliatory Discharge, Martin H. Malin
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No abstract provided.
University Faculty Members' Right To Dissent: Toward A Unified Theory Of Contractual And Constitutional Protection, (With R. Ladenson), Martin H. Malin
University Faculty Members' Right To Dissent: Toward A Unified Theory Of Contractual And Constitutional Protection, (With R. Ladenson), Martin H. Malin
All Faculty Scholarship
No abstract provided.