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Trilogy Redux: Using Arbitration To Rebuild The Labor Movement, Ann C. Hodges
Trilogy Redux: Using Arbitration To Rebuild The Labor Movement, Ann C. Hodges
Law Faculty Publications
This Article analyzes the possibility of creating a program to provide representation to workers bound to arbitrate their legal disputes with their employers, while at the same time building a movement to challenge the practice of compulsory arbitration and its impact on workers' rights. First, I briefly review the Supreme Court's recent arbitration jurisprudence and its impact on workers, with a particular focus on the limitations on class actions. Then I move to a discussion of the advantages and challenges to the creation of such a program. Finally, I examine some alternative visions of what such a program might look …
Cultural Determinants Of Workplace Arbitration In The U.S. And Italy, Ann C. Hodges
Cultural Determinants Of Workplace Arbitration In The U.S. And Italy, Ann C. Hodges
Law Faculty Publications
Although Italy and the United States are both advanced industrial economies, the law and practice of workplace arbitration differs significantly in the two countries. This Article explores those variations and analyzes the reasons lbr the divergent evolution of arbitration. The Article concludes that histon'cal and cultural differences in legal systems and labor and employment relations are explanatory forces. While the United States could provide a more balanced system of arbitration by learning from the Italian systems greater protection of workers, given the current reality neither system seems likely to undergo significant change in the near fiiture.