The emergence of social media, from Facebook to Myspace and Linkedin to Twitter - much like the earlier evolution of email, IM and web 2.0 - have changed communications, expanding the virtual horizons for social networking and business promotion on these popular communications platforms....

Since the 1930s, the fundamental tenet of American labor law has been the government should foster employee organization and regulate industrial relations to promote equity in bargaining between employers and employees and to promote industrial peace. Those who enacted our basic labor laws, as...

In Germany, free collective bargaining was introduced after the Great War in November 1918. Tough, it has constitutional status, we can observe that the state monitors and sometimes steers the collective bargaining process. This can be explained by using the Principal Agent Model as an...

This Article examines a recent rise in suits brought against unions under criminal statutes. By looking at the long history of criminal regulation of labor, the Article argues that these suits represent an attack on the theoretical underpinnings of post-New Deal U.S. labor law and an attempt to...

Hoffman Plastics, the poster child of immigration gone wrong, is popularly viewed as a case that imposed penalties unique to immigrant workers. The Supreme Court decision in Hoffman Plastics can relieve an employer that illegally fires an undocumented worker from owing back pay for violations of...

Whereas law and economics appears throughout business law, it never caught on in legal commentary about labor and employment law. A major reason is that the goals of the National Labor Relations Act (NLRA), the country's foundational labor law, are at war with basic principles of economics. The...

Does pro-union collective bargaining legislation increase a country's rate of union membership? Contrary to conventional thinking, this paper argues that a number of significant pro-union labor laws may actually reduce union membership rates. The paper develops a series of closely-related models...

This article outlines the current state of the law regarding conduct that, while otherwise protected by Section 7 of the National Labor Relations Act, nonetheless involves workplace profanity or offensive speech that potentially violates employer civility rules and equal employment opportunity...