The paper analyses the arbitration of dismissal disputes by Australian labour courts over a 15 years' time span characterized by two major legal reforms to unfair dismissal statutes. We isolate two channels by which we think the social values of the Federal government affected the decisions of...

This article summarizes in detail all decisions of the Supreme Court of the United States from its October 2018 Term (2018-2019) that affect employment law, labor relations, employment arbitration and the employment relationship generally. The article also provides commentary on each of the...

This Article is primarily about whether the parties to a collective bargaining agreement can voluntarily agree to alter the standard of judicial review that any such labor arbitration decision would normally be subjected to. Under the FAA in the context of commercial arbitration, this issue has...

This paper analyzes the decisions made by juries at the Paris Labor Court. These juries (made up of two judges representing workers’ unions and two representing employers’ federations) decide how much money defendants (employers) should pay to plaintiffs (employees). Multiple cases are...

This chapter presents a strategic model of incentives for care and litigation under asymmetric information and self-serving bias, and studies the effects of damage caps. Our main findings are as follows. First, our results suggest that the defendant's bias decreases his expenditures on accident...

Arbitration, though not totally devoid of some inherent legal issues, has come to be recognized as more effective than litigation. The reason for this development could be attributed among other things, to the craving need to get speedy and substantial justice without being hampered by the legal...

The goal of this paper is to detect the degree to which court decisions control the stringency of employment protection and to investigate how such judicial discretion affects labor market performance. However, identification difficulty arises because court decisions are volatile against...

The decision making of judges is prone to error and misapprehension. Consequently, the prevailing literature ties the economic function of courts to dispute resolution and minimization of rule making costs. In contrast to previous research, this analysis applies a contract theoretic perspective...

Are more cases settled when judges are elected among the most belligerent trade unions? In the specific case of French employment courts, the answer is broadly negative. This article provides evidence of the minor role that judges have on alternative dispute resolution in and out of court....