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Articles 1 - 7 of 7
Full-Text Articles in Law
The Impact Of Case And Arbitrator Characteristics On Employment Arbitration Outcomes, Alexander Colvin, Kelly Pike
The Impact Of Case And Arbitrator Characteristics On Employment Arbitration Outcomes, Alexander Colvin, Kelly Pike
Alexander Colvin
[Excerpt] A major development in systems for the enforcement of individual employment rights is the use of alternative dispute resolution (ADR) procedures to resolve claims by employees. At their best, ADR procedures may hold the potential for greater accessibility by employees to enforcement of substantive employment rights, while avoiding burdens of excessive costs for the public and employers in processing claims. On the other hand, ADR procedures, particularly mandatory employment arbitration procedures, have also been criticized for producing the privatization of justice and denial of effective enforcement of employee rights. In this paper, we present the results of a new …
[Review Of The Book Unions And Workplace Change In Canada], Alexander Colvin
[Review Of The Book Unions And Workplace Change In Canada], Alexander Colvin
Alexander Colvin
[Excerpt] Some leading unions in Canada are notable for the diversity of their responses to workplace change. These unions' policies and strategies, which range from the Steelworkers' (USWA) bold experiment in employee ownership and co-determination at Algoma Steel to the Autoworkers' (CAW) activist response to the pressures of the Japanese production and management systems at the CAMI auto plant, have produced significant variation in change processes and outcomes. This range of activity by Canadian unions in response to workplace change provides a fertile area for study by industrial relations researchers, as well as important challenges for policy makers and practitioners …
[Review Of The Book What Do Unions Do? A Twenty-Year Perspective], Alexander Colvin
[Review Of The Book What Do Unions Do? A Twenty-Year Perspective], Alexander Colvin
Alexander Colvin
[Excerpt] The 1984 publication of Richard Freeman and James Medoff’s What Do Unions Do? was a landmark event in research on labor unions. It challenged existing negative economic conceptions of the role of unions by presenting a two-faced model of unionism in which the negative monopoly face of unions was counter-balanced by a positive collective voice face. For those in the labor movement, this book became a powerful source of academic support for their value to society and the economy. Among academics, WDUD was equally influential, as it encouraged a renewed, more data-intensive and methodologically sophisticated approach to research on …
Organizational Primacy After The Demise Of The Organizational Career: Employment Conflict In A Post-Standard Contract World, Alexander Colvin
Organizational Primacy After The Demise Of The Organizational Career: Employment Conflict In A Post-Standard Contract World, Alexander Colvin
Alexander Colvin
[Excerpt] There is a contradiction at the heart of dispute resolution in the contemporary workplace. The locus of determination of the terms and conditions of employment, including processes for the resolution of disputes concerning these terms and conditions, has become increasingly decentralized to the organizational level, at the same time that long term attachment of employee careers to these same organizations has been diminishing. The result is a disconnect between the nature of current employment disputes, which increasingly involve issues relating to entry to and exit from relationships with organizations, including questions of the formation and content of employment contracts, …
The Lost Controversy Limitation Of The Federal Arbitration Act, Stephen Friedman
The Lost Controversy Limitation Of The Federal Arbitration Act, Stephen Friedman
Stephen E Friedman
Despite Congress’s deliberate limitation of the Federal Arbitration Act (the “FAA”) to disputes arising out of a contract containing an arbitration provision, broader arbitration provisions are ubiquitous. Courts invariably enforce such provisions under the FAA. Notably, the Supreme Court has almost entirely disregarded the relevant language of the FAA and has ignored the conflict between the FAA’s narrow language and the broad language typically found in arbitration provisions. In so doing, the Court has quietly and inappropriately elevated the language of private agreements above the language of the statute. In this article, Professor Friedman first identifies the origin of the …
Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think (Video), Michael Helfand
Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think (Video), Michael Helfand
Michael A Helfand
No abstract provided.
Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think, Michael A. Helfand
Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think, Michael A. Helfand
Michael A Helfand
This article sketches some possible limitations on the impact AT&T Mobility v. Concepcion will have going forward. While many have seen the Supreme Court’s decision as simultaneously signaling an end to the viability of class action lawsuits and undermining principles of federalism, there may be reasons to believe that it will not have implications quite so far reaching. Specifically, this article proposes three reasons why Concepcion’s impact may be limited. First, the decision lends itself to a more narrow reading, which simply demands that courts take the entire of an arbitration agreement into account before deploying common law defenses to …