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Selected Works

2014

Comparative and Foreign Law

César F. Rosado Marzán

Articles 1 - 5 of 5

Full-Text Articles in Law

Bajo Vientre Del Jaguar: Fiscalización Y Falta De Auto-Tutela En El Derecho Del Trabajo Chileno [The Jaguar's Underbelly: Labor Inspection And The Lack Of Self-Protection In Chilean Work Law], César Rosado Marzán Dec 2013

Bajo Vientre Del Jaguar: Fiscalización Y Falta De Auto-Tutela En El Derecho Del Trabajo Chileno [The Jaguar's Underbelly: Labor Inspection And The Lack Of Self-Protection In Chilean Work Law], César Rosado Marzán

César F. Rosado Marzán

No abstract provided.


Protecting Workers As A Matter Of Principle: A Latin American View Of U.S. Work Law (With S. Gamonal C.), César Rosado Marzán Dec 2013

Protecting Workers As A Matter Of Principle: A Latin American View Of U.S. Work Law (With S. Gamonal C.), César Rosado Marzán

César F. Rosado Marzán

Scholars have noted that judicial conservatism has eroded labor and employment law (hereinafter referred to as “work law”) in the U.S. and elsewhere. The Roberts Court has kept in line with such conservatism, perhaps with sharpened audacity, deciding a number of key work law cases in the favor of employers. Moreover, the current seemingly pro-employer judicial hue over recent work law cases comes at the heels of recent legal scholarship calling for a rethinking of the “idea of labor law,” the demise of the standard employment contract, and an upsurge in labor precarity. Work law, which has always been under …


Labor's Soft Means And Hard Challenges: Fundamental Discrepancies And The Promise Of Non-Binding Arbitration For International Framework Agreements, César Rosado Marzán Dec 2013

Labor's Soft Means And Hard Challenges: Fundamental Discrepancies And The Promise Of Non-Binding Arbitration For International Framework Agreements, César Rosado Marzán

César F. Rosado Marzán

Globalization has led to union decline almost universally across the world’s capitalist democracies. But despite globalization, global labor unions have been able to sign International Framework Agreements (“IFAs”) with more than 110 multinational corporations that cover about 9 million workers, excluding contractors and suppliers. IFAs are agreements signed by multi-national firms and global labor unions. Global labor unions are labor organizations composed of national-level labor organizations. All IFAs must submit to the core labor standards of the International Labor Organization (“ILO”), to wit, freedom of association and the effective recognition of the right to collective bargaining, elimination of all forms …


Organizing With International Framework Agreements: An Exploratory Study, César Rosado Marzán Dec 2013

Organizing With International Framework Agreements: An Exploratory Study, César Rosado Marzán

César F. Rosado Marzán

No abstract provided.


Danbury Hatters In Sweden: A U.S. Perspective On The Available Remedies And Sanctions For Employers Who Suffer Unfair Labor Practices By Labor Unions, César F. Rosado Marzán, Margot Nikitas Dec 2013

Danbury Hatters In Sweden: A U.S. Perspective On The Available Remedies And Sanctions For Employers Who Suffer Unfair Labor Practices By Labor Unions, César F. Rosado Marzán, Margot Nikitas

César F. Rosado Marzán

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 …