Scholars continue to debate how well state courts answer the call to be “laboratories of democracy” by interpreting their state constitutions as a source of new and greater rights and liberties. Unlike the federal constitution, forty state constitutions contain an “open courts” or...

This Article synthesizes two decades of research on the progression of sexual harassment claims through the legal system and adds a new, original, empirical study on the resolution of sexual harassment lawsuits filed in federal district court. It examines the prevalence of sexual harassment in...

This commentary examines case C-692/19, an order in response to a request for a preliminary ruling regarding the scope of application of working time protection, handed down by the Court of Justice of the European Union (CJEU) in April 2020.A courier working for a shipping company filed a claim...

This paper presents a model of litigation in the context of a labor contract. The main objective of our analysis is to determine whether and under which conditions it is efficient that the judiciary arbiters a labor conflict and how the judge's decision should be made in order to be optimal. We...

The problem of "creeping legalism," or incremental formalism, in grievance arbitration cases has been a continuing refrain in legal literature; however, until now empirical research concerning this problem has been scant. This study provides the most comprehensive and thorough analysis to date...

Mediation vindicates employee rights far more often than judicial or arbitration processes. Hence, analysis of the mediation process is critical to understanding the resolution of employment rights disputes. This study examines how mediation participants' perceptions of the procedural and...

The COVID-19 crisis, declared as a pandemic by the Director General of WHO on 11.03.2020, in addition to having a significant and highly disastrous impact on the lives of people world over, has had and will continue to have an apparent and heavy influence on all industries, globally. Even in the...

Experience is a major source of knowledge. Could institutions be improved by eliciting the additional knowledge held by experienced individuals? I show here that in several areas of the law experienced individuals are more critical of institutional quality than inexperienced individuals....

As Bill Clinton’s campaign strategist James Carville famously phrased it back in 1992, the key issue for voters... “It’s the economy, stupid.”Something similar could be said for high value strategic cases in global commercial litigation, international arbitration and competition today,...

Many have argued that thought should constitute per se unpatentable subject matter, and some have even suggested that any patent claim that includes a mental step should lie outside patentability. Many courts have long disagreed with such a draconian rule, and have instead upheld myriad patent...