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Review Of 'Understanding Labor And Employment Law In China' By Ronald C. Brown, Nicholas Howson

Nicholas Howson

Review of Ronald C. Brown's UNDERSTANDING LABOR AND EMPLOYMENT LAW IN CHINA (Cambridge University Press, 2010) which review describes an alternative way of describing and analyzing law and legal institutions in contemporary China generally, and labor law specifically.

Democracy In The Private Sector: The Rights Of Shareholders And Union Members, Michael Goldberg

Michael J Goldberg

In the years since Enron, there has been a lively debate over the value of shareholder democracy as a means to improve corporate performance and reduce the likelihood of future Enrons or Lehman Brothers. That debate has been enriched by comparative scholarship looking at corporate governance abroad, and comparing corporate governance with public government. This Article explores a different comparison, between corporations and their sometime adversaries across bargaining tables and picket lines – labor unions. More specifically, this article compares the regulation of corporate governance and the regulation of the internal affairs of unions, and the rights of shareholders and …

How Employment Discrimination Plaintiffs Fare In Federal Court, Kevin Clermont, Stewart Schwab

Kevin M. Clermont

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 National Labor Relations Act: A Valuable Source Of Protection For Nonunion Workers, William Corbett

William R. Corbett

No abstract provided.

Taking The Employer's Gun And Bargaining About Returning It: A Reply To "A Law, Economic, And Negotiations Approach" To Striker Replacement Law, William Corbett

William R. Corbett

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

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

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 …

Awaking Rip Van Winkle: Has The National Labor Relations Act Reached A Turning Point?, William Corbett

William R. Corbett

No abstract provided.

The Need For A Revitalized Common Law Of The Workplace, William Corbett

William R. Corbett

No abstract provided.

"The More Things Change,…": Reflections On The Stasis Of Labor Law In The United States, William Corbett

William R. Corbett

No abstract provided.

Gridlock At The Nlrb: One Step Back, Two Steps Further Back, Michael J. Goldberg

Michael J Goldberg

No abstract provided.

Unmasking A Pretext For Res Ipsa Loquitur: A Proposal To Let Employment Discrimination Speak For Itself, William Corbett

William R. Corbett

Has too much tort law been incorporated into the case law under the federal employment discrimination statutes? The debate on this issue has been reinvigorated by the Supreme Court’s decision in Staub v. Proctor Hospital, 131 S. Ct. 1186 (2011). In Staub the Court referred to the Uniformed Services Employment and Reemployment Rights Act, a federal employment discrimination statute, as a “federal tort.” The Court then adopted the tort doctrine of proximate cause as the standard for evaluating subordinate bias (or “cat’s paw”) liability. Staub was not the first case in which the Court has suggested that a federal employment …

Workplace Data: Law & Litigation (With 2014 Supplement), Robert Sprague

Robert Sprague

Workplace Data: Law and Litigation provides an overview of legal issues associated with employment-related electronically stored information (ESI), focusing on discovery issues in particular. Written for employment and labor law practitioners, this new treatise offers a comprehensive overview of today’s discovery challenges, a detailed statute-by-statute analysis of data retention requirements in federal workplace-related laws, a summary of emerging workplace social media and other technology-related issues and a guide to data protection privacy laws in North America, Europe, Asia and Oceania.

The New Labor Law: A Very Limited Management Victory, Howard Glickstein, Bernard Gold

Howard Glickstein

No abstract provided.

Senate Gridlock Cripples Nlrb, Michael Goldberg

Michael J Goldberg

No abstract provided.

Present At The Creation: Clyde W. Summers And The Field Of Union Democracy Law, Michael J. Goldberg

Michael J Goldberg

This article describes and analyzes the contributions of Professor Clyde W. Summers to the development of union democracy law in the United States and his contributions to the movement dedicated to bringing more democratic practices to American unions. The first part of the article evaluates Summers' writings on the importance of democracy in the labor movement. The second part describes Summers' work as both a scholar and public policy activist shaping the law of union democracy, including his critical role in the drafting of the Labor-Management Reporting and Disclosure Act of 1959. The final part of the article examines Summers …

In The Cause Of Union Democracy, Michael J. Goldberg

Michael J Goldberg

This article is part of a symposium entitled "The Employment and Labor Law Professor as Public Intellectual: Sharing our Work with the World," based on presentations at the 2008 meeting of the Association of American Law Schools. The article describes the cause to which I have devoted a good part of my career, both inside and outside the halls of academia: the struggle to make the labor movement more democratic and more responsive to its members. While this piece briefly describes how I became involved in this cause, and how my work on its behalf has contributed to both my …

Decentralizing Industrial Relations: The American Situation And Its Significance In Comparative Perspective, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Body And Soul, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Labor Law: 'Making Life More Human' - Work And The Social Question, Thomas Kohler

Thomas C. Kohler

No abstract provided.

The Notion Of Solidarity And The Secret History Of American Labor Law, Thomas Kohler

Thomas C. Kohler

"Solidarity," a term not overly familiar to Americans, sometimes seems to have as many meanings as it has users. The concept became incorporated into American thought during the 19th and 20th century waves of Catholic and Jewish immigration. It provides a European vision of communitarian social order that competes with the "unencumbered self" - America's unique brand of individualism. Among philosophers, politicians, religious thinkers, and social activists, solidarity theory sought to redefine the then-prevailing views of social bonds. Nowhere is this more apparent than in the American labor movement, which espouses as its core values the principles of unity and …

Lost Foundations: The Religious Voice And Employee Participation In The United States And Germany, Thomas Kohler

Thomas C. Kohler

No abstract provided.

The Story Of Nlrb V. Mackay Radio & Telegraph Co.: The High Cost Of Solidarity, Thomas Kohler, Julius Getman

Thomas C. Kohler

In 1938, in NLRB v. Mackay Radio & Telegraph Co., the Supreme Court offered one of its earliest interpretations of the National Labor Relations Act. Although the Court's holding provided that employers may not discriminate against employees for their union activity when the strike is over and workers are reinstated, dicta in the opinion also provided that under the NLRA employers enjoy an unrestricted right to replace strikers. In the 70 years since the Court's announcement, scholars remain baffled by the contradictions presented by the "Mackay doctrine" - a rule that forbids employers from discharging legally protected strikers while, at …

National Labor Relations Act, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Comments On Weiss' 'Trade Unions, Worker's Participation, And Collective Bargaining In Germany And In The Eu', Thomas Kohler

Thomas C. Kohler

No abstract provided.

Derailing Union Democracy: Why Deregulation Would Be A Mistake, Michael J. Goldberg

Michael J Goldberg

This article is a response to Prof. Samuel Estreicher’s article, Deregulating Union Democracy, 21 J. LAB. RES. 247 (2000). It argues against Estreicher’s call for the deregulation of internal union affairs by repealing the Labor-Management Reporting and Disclosure Act of 1959 on several grounds. First, it disputes some of Estreicher’s basic assumptions about the nature and effectiveness of union democracy legislation, in part because Estreicher views unions strictly as economic entities and overlooks their important political and social functions, and in part because he is mistaken when he dismisses the current scheme of regulating internal union affairs as completely ineffectual. …

Autonomy And Personhood: The Implications For Labor And Employment Law, Thomas Kohler

Thomas C. Kohler

No abstract provided.

The Disintegration Of Labor Law: Some Notes For A Comparative Study Of Legal Transformation, Thomas Kohler

Thomas C. Kohler

While acknowledging the difficulties inherent in a comparative approach to labor and employment ordering issues, the author argues that our times and circumstances force us to consider such a perspective. This essay looks at the some of the background and characteristics of the labor law regimes of the United States and Germany to reflect on where we have been and where we might be going, and concludes that we stand at the edge of a new world, one that may well entail a new culture of work and new ways of being for all its inhabitants.

The Overlooked Middle, Thomas Kohler

Thomas C. Kohler

In this Article, the author argues that significant elements concerning the discussion of labor law reform have been overlooked and that the steady decline of unions is not in fact an isolated occurrence. It is instead part of a much broader and deeply troubling trend, which has affected every mediating group in our society. However, our blinkered insistence on treating the deterioration of autonomous employee associations as a solitary phenomenon has precluded us from comprehending either the complexity of its causes or the full extent of its implications.

The author posits, therefore, that there is a pronounced tendency to overlook …

Commentary On "The Regulation Of Union Economic Power," By Walter E. Oberer, Thomas Kohler

Thomas C. Kohler

No abstract provided.