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- Empirical legal studies (2)
- Arbitration and litigation win rates (1)
- Civil Rights (1)
- Employment discrimination litigation (1)
- Employment disputes (1)
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- Employment rights (1)
- Forum-related differences in employee win rates (1)
- Globalization (1)
- Good faith exception (1)
- Implied contract exception (1)
- International monetary law (1)
- James N. Dertouzos (1)
- Juror and arbitrator outcomes (1)
- Labor Law (1)
- Labor rights (1)
- Labor standards (1)
- Legal pluralism (1)
- Local 558 v Pepsi-Cola Canada Beverages (West) Ltd (1)
- Lynn A. Karoly (1)
- Public policy exception (1)
- Retail (1)
- Secondary picketing (1)
- Socioeconomics (1)
- Thomas J. Miles (1)
- Transnational regulation (1)
- Wholesale and Department Store Union (1)
- Wrongful-discharge laws (1)
Articles 1 - 5 of 5
Full-Text Articles in Labor and Employment Law
How Employment Discrimination Plaintiffs Fare In Federal Court, Kevin M. Clermont, Stewart J. Schwab
How Employment Discrimination Plaintiffs Fare In Federal Court, Kevin M. Clermont, Stewart J. Schwab
Cornell Law Faculty Publications
This article presents the full range of information that the Administrative Office’s data convey on federal employment discrimination litigation. From that information, the authors tell three stories about (1) bringing these claims, (2) their outcome in the district court, and (3) the effect of appeal. Each of these stories is a sad one for employment discrimination plaintiffs: relatively often, the numerous plaintiffs must pursue their claims all the way through trial, which is usually a jury trial; at both pretrial and trial these plaintiffs lose disproportionately often, in all the various types of employment discrimination cases; and employment discrimination litigants …
The Employment Consequences Of Wrongful-Discharge Laws: Large, Small, Or None At All?, David H. Autor, John J. Donahue Iii, Stewart J. Schwab
The Employment Consequences Of Wrongful-Discharge Laws: Large, Small, Or None At All?, David H. Autor, John J. Donahue Iii, Stewart J. Schwab
Cornell Law Faculty Publications
Secondary Picketing In Canada: Thoughts For The Pepsi Generation, Henry Dinsdale, Dan Awrey
Secondary Picketing In Canada: Thoughts For The Pepsi Generation, Henry Dinsdale, Dan Awrey
Cornell Law Faculty Publications
Before the Supreme Court of Canada's decision in Retail, Wholesale and Department Store Union, Local 558 v. Pepsi-Cola, the law on secondary picketing was a murky and often inconsistent area of jurisprudence. Yet the Court's attempt to clarify the issue by declaring the per se legality of secondary picketing may have muddied the waters even more. Specifically, the authors argue, the Court's reliance on the U.S. Supreme Court's Tree Fruits decision and the distinction it draws between general and struck product picketing may have made the law even more difficult to apply.
The authors contend that such a distinction ignores …
Labor And Finance As Inevitably Transnational: Globalization Demands A Sophisticated And Transnational Lens, Katherine V.W. Stone, Timothy A. Canova, Claire Moore Dickerson
Labor And Finance As Inevitably Transnational: Globalization Demands A Sophisticated And Transnational Lens, Katherine V.W. Stone, Timothy A. Canova, Claire Moore Dickerson
Cornell Law Faculty Publications
No abstract provided.
Arbitration And Litigation Of Employment Claims: An Empirical Comparison, Theodore Eisenberg, Elizabeth Hill
Arbitration And Litigation Of Employment Claims: An Empirical Comparison, Theodore Eisenberg, Elizabeth Hill
Cornell Law Faculty Publications
The authors conducted empirical research comparing court case and arbitrated outcomes for employment disputes. In cases not involving civil rights claims, they found little evidence that arbitrated outcomes materially differed from trial outcomes where the claimant was a higher-paid employee. Moreover, they found no statistically significant differences between employee win rates or in the median or mean awards in arbitration and litigation. They also reported evidence indicating that arbitrated disputes conclude more quickly than litigated disputes.