Privatization of Wrongful Dismissal Protection in Comparative Perspective
Posted: 30 Jun 2008
There are 2 versions of this paper
Privatization of Wrongful Dismissal Protection in Comparative Perspective
Industrial Law Journal, Vol. 37, 2008
Posted: 18 Apr 2008
Date Written: June 2008
Abstract
The US Supreme Court has allowed employers to sweep employee claims of violation of most labour protective law into arbitration systems that employers unilaterally establish. The law would not allow employers in the UK, France or Germany to do so. This essay explores how and why that is so in each of these countries. It explains the US exceptionalism by reference to public choice theory, ie, by resort to the economics of judicial shirking.
Suggested Citation: Suggested Citation
Finkin, Matthew W., Privatization of Wrongful Dismissal Protection in Comparative Perspective (June 2008). Industrial Law Journal, Vol. 37, Issue 2, pp. 149-168, 2008, Available at SSRN: https://ssrn.com/abstract=1153280 or http://dx.doi.org/10.1093/indlaw/dwn002
Matthew W. Finkin (Contact Author)
University of Illinois College of Law ( email )
504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
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