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Full-Text Articles in Law

How To Negotiate Better Than Donald Trump, Peter R. Reilly Feb 2016

How To Negotiate Better Than Donald Trump, Peter R. Reilly

Peter R. Reilly

No abstract provided.


Arbitration And International Institutions, Hugh Ault Jan 2016

Arbitration And International Institutions, Hugh Ault

Hugh J. Ault

Included in a volume of papers discussed at a conference in January 2015 at the Vienna University of Economics and Business (WU).


Justice Or Just Between Us? Empirical Evidence Of The Trade-Off Between Procedural And Interactional Justice In Workplace Dispute Resolution, Zev Eigen, Adam Seth Litwin Jan 2016

Justice Or Just Between Us? Empirical Evidence Of The Trade-Off Between Procedural And Interactional Justice In Workplace Dispute Resolution, Zev Eigen, Adam Seth Litwin

Adam Seth Litwin

In this article, the authors examine the relationship between an employer’s implementation of a typical dispute resolution system (DRS) and organizational justice, perceived compliance with the law, and organizational commitment. They draw on unique data from a single, geographically expansive, U.S. firm with more than 100,000 employees in more than 1,000 locations. Holding all time-constant, location-level variables in place, they find that the introduction of a DRS is associated with elevated perceptions of interactional justice but diminished perceptions of procedural justice. They also find no discernible effect on organizational commitment, but a significant boost to perceived legal compliance by the …


The Nlra Defamation Defense: Doomed Dinosaur Or Diamond In The Rough, Kati Griffith Jan 2016

The Nlra Defamation Defense: Doomed Dinosaur Or Diamond In The Rough, Kati Griffith

Kati Griffith

[Excerpt] This Article explores an underappreciated and promising NLRA protection of collective activity. It elaborates the NLRA’s role as a defense in state defamation cases. Specifically, this Article explains how the “NLRA defamation defense” frees defendants from some forms of defamation liability when the allegedly defamatory statements are made during labor disputes. The defense has no effect on defamation liability in what this Article refers to as “more egregious” state defamation law cases. However, the defense forecloses liability in “less egregious” state defamation law cases. It makes it harder for defamation plaintiffs to win their cases because it requires them …


Saturns And Rickshaws Revisited: What Kind Of Employment Arbitration System Has Developed?, Alexander Colvin, Kell Pike Jan 2016

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 …