Although employee-representation systems coexist with a collective-bargaining framework in continental Europe for many years, US labor advocates have looked upon those representations systems with suspicion. The reasons for this suspicion are historical: US employee-representation systems have...

In this paper I start with the simple observation that workers are more vulnerable in times of economic contraction than in times of economic growth. The purpose of my paper is two-fold. First is to unpack the underlying reasons for that phenomenon. Second is to propose a solution that makes...

In this article, I examine the connection between the exploitation of college football players and the persistence of the student-athlete myth. The argument that exploitation is enabled by this myth is presented in five parts. First, I briefly define the concept of exploitation, distinguish...

Part I of this article described and analyzed Portillo-Flores v. Barr, a case in which the Fourth Circuit, over Judge Stephanie Thacker’s dissent, upheld the Board of Immigration Appeals’ (“BIA”) denial of asylum to a Salvadorian asylum seeker who, as a child, was beaten nearly to death...

The Trump Administration’s immigration policies consistently targeted immigrants, refugees, children, victims of gang violence, and individuals classified as “public charges.” For example, one of former President Trump’s first Executive Orders increased detention of immigrants at the...

This paper was presented at a symposium, hosted by the Florida International University Law Review during March 2011 to celebrate the 75th anniversary of the enactment of the National Labor Relations Act. Dean R. Alexander Acosta, himself a former Board member, tasked the panelists not only with...

In 2007, I published Approaching Coal Mine Safety from a Comparative Law and Interdisciplinary Perspective, which raised, but did not answer, the following question: What do citizens of a “just” society owe workers, such as coal miners, who daily risk their lives for our collective comfort?...

This article suggests an initial step toward grounding workplace laws in rights-based theory. Accepting that a legal right is nothing more than a reflection of the value attached by the political system to sundry, often conflicting, interests, I argue that American labor and employment law...

Today, many employers require their employees, as a condition of employment, to agree to arbitrate employment-related legal claims rather than pursue them in court. While arbitration can be mutually beneficial, allowing parties to avoid the cost, time, publicity, and unpredictability associated...