Labor and Employment Law Commons^™

Punishment And Work Law Compliance: Lessons From Chile, César F. Rosado Marzán

All Faculty Scholarship

Workplace law activists and reformers find it increasingly more difficult to obtain redress for violation of workers’ rights. Some of them are calling for stricter enforcement and tougher penalties to bring employers into compliance. However, after seven and half months of participant observation at the Labor Directorate and the labor courts of Chile, institutions that use punishment as their main tools of enforcement, I am skeptical about the likelihood of success of mere punishment for effective workplace law enforcement and compliance. I am skeptical even though Chile is a country recognized as the Latin American “jaguar” for its successful economy …

Work-Family Legislation In The United States, Canada, And Western Europe: A Quantitative Comparison, Richard N. Block

Pepperdine Law Review

No abstract provided.

Placing British Employment Law In Context, Michael Harper

Faculty Scholarship

It is probably fair to generalize that the best American legal scholarship in the fields of labor, employment, and employment discrimination law has found little inspiration in the study of comparative law. Hugh Collins’s analytic and insightful but succinct overview of British employment law — republished in 2010 in a second edition to account for significant developments in response to European Union law — should teach any perceptive American reader that this need not be the case. This two hundred sixty page volume demonstrates that studying how other developed countries have addressed common issues presented by the employment relationship …

The International Labour Organization And International Labor Standards, Roger Blanpain, Susan Bisom-Rapp, William R. Corbett, Hilary K. Josephs, Michael J. Zimmer

Faculty Scholarship

With the forces of globalization as a backdrop, this casebook develops labor and employment law in the context of the national laws of nine countries important to the global economy - the US, Canada, Mexico, UK, Germany, France, China, Japan and India. These national jurisdictions are highlighted by considering international labor standards promulgated by the International Labor Organization as well as the rulings and standards that emerge from two very different regional trade arrangements - the labor side accord to NAFTA and the European Union. Across all these different sources of law, this book considers the law of individual employment, …

Mexico's Dilemma: Workers' Rights Or Workers' Comparative Advantage In The Age Of Globalization?, Ranko Shiraki Oliver

Law Faculty Scholarship

No abstract provided.

North American Border Wars: The Role Of Canadian And American Scholarship In U.S. Labor Law Reform Debates, Michael J. Zimmer, Susan Bisom-Rapp

Faculty Scholarship

The economies of Canada and the United States and the organization of their societies are deeply interrelated but significant differences exist. This article briefly traces the interaction between the two countries in the development of labor relations laws with a particular emphasis on the impact of scholarly work on U.S. labor law reform debates in the last two decades. Instructive for that purpose is the work of Professor Paul Weiler, a prominent figure in labor law policy discussions in both countries. A significant architect of labor law in Canada, Professor Weiler came to Harvard Law School in 1978 and brought …

The Moral Dimension Of Employment Dispute Resolution, Theodore J. St. Antoine

Articles

Dispute resolution may be viewed from the perspective of economics or negotiation or contract law or game theory or even military strategy. In this Article, I should like to consider employment dispute resolution in particular from the perspective of morality. I do not necessarily mean "morality" in any religious sense. By "morality" here I mean a concern about the inherent dignity and worth of every human being and the way each one should be treated by society. Some persons who best exemplify that attitude would style themselves secular humanists. Nonetheless, over the centuries religions across the globe have played a …

Tribal Rituals Of The Mdl: A Comment On Williams, Lee, And Borden, Repeat Players In Multidistrict Litigation, Myriam E. Gilles

Articles

No abstract provided.

The Manual Scavenging Problem: A Case For The Supreme Court Of India, Samuel D. Permutt

Cardozo Journal of International and Comparative Law

The note addresses the persistent issue of manual scavenging in India, a practice where predominantly Dalit women and girls clean human waste under deplorable conditions. Despite legal prohibitions, the practice continues due to caste-based discrimination and inadequate sanitation infrastructure. The author argues that the Supreme Court of India, through Public Interest Litigation (PIL), can effectively tackle this issue by implementing a three-step solution to eradicate manual scavenging.

Employee Free Choice: Amplifying Employee Voice Without Silencing Employers - A Proposal For Reforming The National Labor Relations Act, Amy Livingston

University of Michigan Journal of Law Reform

This Note investigates the effectiveness of the National Labor Relations Act (NLRA) in balancing unions, employers', and employees' rights during the course of union organizing drives. After reviewing case law and commentary, it concludes that the NLRA's certification regime is ineffective and permits pressures that inhibit employees from expressing their real desires about whether or not to be represented by a union. This Note then examines proposed alternatives for certifying unions, and takes note of Canada's federal and ten provincial certification regimes. Finally, it concludes that the NLRA must be amended to protect worker free choice, and proposes reforms including …

Labor Relations And Labor Law In Japan, Atsushi Tsuneki, Manabu Matsunaka

Washington International Law Journal

This article builds on a rationalistic understanding of Japanese employment customs to argue that, up until the 1990s, Japanese labor law facilitated private bargaining instead of engineering a desired outcome directly through legal regulations. Through this indirect approach toward labor relations, at least part of Japanese labor law made a highly positive contribution to the attainment of economic efficiency. After the 1990s, the merits of Japanese employment customs diminished and needed reform. While such reforms were made in some aspects, Japanese labor law has taken the stance of directly regulating the economy, particularly in the area of employment protection and …

Curb Your Enthusiasm: A Note On Employment Discrimination Lawsuits In China, Jiefeng Lu

Richmond Journal of Global Law & Business

No abstract provided.

Whistleblower Protection And The Challenge To Public Employment Law, Robert Vaughn

Contributions to Books

Whistleblowers who are public employees are protected by statutes which vary in scope and character, but authorise employees to disclose information outside of the chain of command and under standards that replace internal agency rules or guidelines. During the last decade a number of countries enacted whistleblower statutes that protect public employees who disclose various types of misconduct or incompetence. At the same time, a number of international treaties and conventions addressing governmental corruption have included provisions protecting whistleblowers. The recent activity in providing protection for public sector whistleblowers as well as movements for honesty and transparency in government present …

Different Cultures, Different Conflicts: Sex Discrimination Law And The United States And Japan, Reuel E. Schiller

Faculty Scholarship

No abstract provided.

The Canadian Auto Workers--Magna International 'Framework For Fairness' Agreement: A U.S. Perspective (Symposium), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Are Gender Stereotypes Bad For Women? Rethinking Antidiscrimination Law And Work-Family Conflict, Julie C. Suk

Articles

The conflict between work and family responsibilities remains a significant barrier to women's equality in the American workplace. As many commentators have noted with envy, the United States stands apart from most European countries in its failure to give women a legal right to paid maternity leave.

This Article argues that the United States's potential for reconciling the work-family conflict is undermined by the predominance of antidiscrimination law. The unique trajectory of U.S. antidiscrimination law, designed to combat paternalism and gender stereotypes, has pushed family and medical leave into a single legal regime. But today, due to the costs and …

The Relative Bargaining Power Of Employers And Unions In The Global Information Age: A Comparative Analysis Of The United States And Japan, Kenneth G. Dau-Schmidt, Benjamin C. Ellis

Articles by Maurer Faculty

In this paper, we examine and compare the impact of American and Japanese labor law on the relative bargaining power of the labor and management within the context of the new global economy based on information technology. We begin by providing a simple economic definition of bargaining power and examining how it can be influenced by economic and legal factors. Next, we discuss the impact of new information technology and the global economy on the employment relationship and how this has decreased union bargaining power relative to management bargaining power. Finally, we compare various facets of American and Japanese labor …

Three Transnational Discourses Of Labor Law In Domestic Reforms, Alvaro Santos

Georgetown Law Faculty Publications and Other Works

Current labor law debates, in the United States and elsewhere, reflect entrenched discursive positions that make potential reform seem impossible. This Article identifies and examines the three most influential positions, which it names the “social,” “the neoliberal,” and the “rights-based” approach. It shows that these discursive positions are truly transnational in character. In contrast with conventional wisdom, which accepts the incompatibility of these positions, this Article creates a conceptual framework that productively combines elements from each to enrich the debates over labor law reform and to foster institutional imagination. Applying this framework, the Article examines the collective bargaining systems of …

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

Reviews

Any attempt to analyze China’s comprehensive labor reform over the past three decades faces at least two dilemmas. First, the analyst must confront the task of describing how the Chinese state has dismantled the “work unit” (or danwei)- based “iron rice bowl” employment and entitlements system, replacing that comforting but low-production employment and social security scheme with formally-proclaimed legal rights and institutions apparently designed to protect employees in a functioning labor market. Second, the analyst must track how the state’s commitment (at all levels of government) to implementation of proclaimed legal and institutional protections has waxed and waned, based upon …

Article 14 Of China's New Labor Contract Law: Using Open-Term Contracts To Appropriately Balance Worker Protection And Employer Flexibility, Jovita T. Wang

Washington International Law Journal

China’s economy rapidly developed as it shifted from a planned economy to a market economy. Cheap labor encouraged foreign companies to conduct business in China, but that business came at the expense of labor protection. Workers who had previously enjoyed lifetime employment suddenly faced rampant layoffs, labor abuse, and unemployment. Despite China’s implementation of the Labor Law in 1994, labor abuse continued, especially by employers refusing to follow written contract requests to define the employment relationship. Many workers were left unprotected. In response to these problems, China passed the Labor Contract Law in 2007 to clarify requirements of employment contracts …

Of Labor Inspectors And Labors Judges: Chilean Labor Law Enforcement After Pinochet (And What The United States Can Do To Help) (Symposium), César F. Rosado Marzán

All Faculty Scholarship

No abstract provided.

Pirates Of The Caribbean: The Seiu's Failed Bid In Puerto Rico, César F. Rosado Marzán

All Faculty Scholarship

No abstract provided.

Jurisdictions And Causes Of Action: Commercial Considerations In Dealing With Bullying, Stress And Harassment Cases-Part Ii, Niall Neligan

Articles

In the concluding part of this two part article, the author will
examine how the courts have developed rules for dealing with
tortious claims for psychiatric injuries arising out of bullying, stress
and harassment cases. The article will examine whether it is
desirable to consolidate and codify employment rights law in order
to provide clarity to prospective litigants. Finally, the author will
argue that if codification is required, then this will necessitate a
change in the nature of present jurisdictions for bringing claims
involving bullying, stress and harassment in the workplace.

Monetizing Diaspora: Liquid Sovereigns, Fertile Workers, And The Interest-Convergence Around Remittance, Jose M. Gabilondo

Faculty Publications

No abstract provided.

European And American Issues In Employee Benefits Law Compared, 41 J. Marshall L. Rev. 1189 (2008), Yves Stevens

UIC Law Review

No abstract provided.

Litigating Labor Rights Across A Demilitarized Zone: The South Korean Constitutional Court As A Forum To Address Labor Violations In North Korea's Kaesong Special Economic Zone, Lavanga V. Wijekoon

Washington International Law Journal

South Korea heralds North Korea’s Kaesong Special Economic Zone as a shining example of inter-Korean cooperation. South Korean corporations at Kaesong combine South Korean expertise with North Korean labor. However, Kaesong operations violate the North Korean workers’ labor rights. This Comment explores the legal mechanisms available in South Korea to hold violative South Korean Kaesong corporations accountable. The South Korean Constitutional Court should entertain a constitutional petition from the North Korean workers. Such petition will compel the South Korean government to recognize the North Korean workers’ rights under the South Korean Constitution and hold violative South Korean corporations at Kaesong …

Corporate Social Accountability Standards In The Global Supply Chain: Resistance, Reconsideration, And Resolution In China, Li-Wen Lin

Cardozo Journal of International and Comparative Law

This Article provides a view on corporate social accountability standards from a Chinese perspective, a slightly different angle from that of legal scholars in the United States. The legal literature in the United States typically only focuses on the importance and effectiveness of corporate social accountability standards to regulate the conduct of multinational companies in the era of globalization. However, the views of the outsourced companies in the developing countries, on which the multinational companies impose the standards, have seldom received attention. This Article tries to fill this void by examining the situation in China. As shown in this Article, …

Extending The Reach Of The Chinese Labor Law: How Does The Supreme People's Court's 2006 Interpretation Transform Labor Dispute Resolution, Jill E. Monnin

Washington International Law Journal

Chinese workers are taking advantage of the dispute resolution tools that legal reform has provided in the past decade, including mediation, arbitration, and litigation. Despite a history of resolving disputes through informal mediation, more and more workers are relying on the new pathways of arbitration and civil suits in local courts. The 1993 Regulations on the Resolution of Enterprise Labor Disputes and the 1994 Labor Law facilitated workers’ access to formal legal forums. Then, in 2006, a Supreme People’s Court (“SPC”) interpretation made a number of important changes to the application of the Labor Law and workers’ access to dispute …

In The Twelve Years Of Nafta, The Treaty Gave To Me ... What, Exactly?: An Assessment Of Economic, Social, And Political Developments In Mexico Since 1994 And Their Impact On Mexican Immigration Into The United States, Ranko Shiraki Oliver

Law Faculty Scholarship

No abstract provided.