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From The Social Charter To The Social Action Program 1995-1997: European Union Employment Law Comes Alive, Donald C. Dowling Jr.

Cornell International Law Journal

No abstract provided.

Into The Thicket: Pursuing Moral And Political Visions In Labor Law, John W. Teeter Jr

Faculty Articles

Teachers should attempt to illuminate the moral and political implications of life as a labor lawyer and encourage students to reflect critically on what they think is ethical and why. Regardless of whether they represent management or unions, labor lawyers inevitably confront serious ethical issues. Teachers cannot—nor should they—resolve these issues for their students; they must follow the pull of their own moral and political beliefs. But teachers should at least assure that their students consider the ethical implications of life as a labor lawyer. This enriches the students’ thinking by placing them in real-world predicaments and enabling them to …

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Employment Arbitration And Voluntary Consent, Stephen Ware

Stephen Ware

The boom in non-union employment arbitration has caused great concern about protecting employees' access to courts. Virtually every commentator agrees that employment disputes should be litigated, rather than arbitrated, unless the employee has voluntarily consented to arbitration. While courts and commentators agree that an employee's voluntary consent is a prerequisite to employment arbitration, they do not agree on what constitutes voluntary consent. This article proposes a method of determining what constitutes voluntary consent to employment arbitration. The method proposed is simply application of ordinary contract law doctrines. The article develops the theoretical underpinnings of the contractual approach to arbitration and, …