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...

The discussions in this chapter should be viewed as a limited contribution to the debate on how to introduce the right to equal treatment through legislation. In the coming pages, I shall use a case study to demonstrate the differences between rights which emerge organically from below and work...

Since the 1990s many public law jurisdictions around the world have enacted, or are committed to enacting, legislation to protect public interest whistleblowers. Whistleblower protection has also been passed in corporate law, workplace relations law, consumer law and financial regulation. This...

The majority of law review articles addressing lying and deception in negotiation have argued, in one form or another, that liars and deceivers could be successfully reined in and controlled if only the applicable ethics rules were strengthened, and if corresponding enforcement powers were...

A number of scholars predicted that the Supreme Court's decision in Desert Palace, Inc. v. Costa heralded the demise of the three-step disparate treatment proof structure of McDonnell Douglas Corp. v. Green. Yet, the McDonnell Douglas framework is alive and well. In this article, I explain why...

This paper addresses the Equal Employment Opportunity Commission's current policy statement against the use of mandatory arbitration which is now more than ten years old. Quite a lot has occurred since the 1997 statement in which the EEOC criticized employers who attempted to require that...

This article reviews the existing empirical research on employment arbitration and presents new findings based on analysis of data from recent American Arbitration Association employment arbitration case filings. Whereas past research often concluded based on more limited datasets that outcomes...

The European Union was has been bult over more than six decades, during which each and very one of us has continued to build our founding fathers’ European dream, so beautifully summarized by R. Schuman: “Europe will not be made all at once, or according to a single plan. It will be built...

The work of American Sign Language (ASL)/English interpreters is filled with complex interpersonal, linguistic and cultural challenges. The decisions and ethical dilemmas interpreters face on a daily basis are countless and the potential for disagreement regarding those decisions is great....

A central thesis of "An Economist's Perspective of Fiduciary Monitoring of Investments" by Dr. Susan Mangiero is that "ongoing oversight is an exercise in risk management" and that "[r]isk management is a never ending process." The article emphasizes the importance of (a) examining multiple risk...