In this Essay I reply to Professor David Gregory and Paul Secunda's comments about my principal article, Sprint/United Management Co. vs. Mendelsohn: The Supreme Court Appears To Have Punted On The Admissibility of Me Too Evidence Of Discrimination. But Did it? 102 Nw. U. L. Rev. 264 (2008)....

The 1998 government-initiated civil-RICO suit and court-enforced agreement to purge the International Brotherhood of Teamsters (IBT) of organized crime's presence and influence will stand as an important chapter in America's labor history as well as law enforcement history. The remedial phase,...

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...

Labor courts may introduce a significant wedge between “legal” firing costs and “effective” (post-trial) firing costs. Apart from procedural costs, there is uncertainty over judges' rulings, in particular over the likelihood of a “fair” dismissal ultimately being ruled as...

Given the difficulties for employees in finding a lawyer to handle an employment dispute and with the growth of ADR, this article asserts that employers should adopt legal service plans as an employee benefit. It might seem counterintuitive for employers to provide their employees with a legal...

This article examines two ways in which the Supreme Court's 2002 opinion in Hoffman Plastic Compounds, Inc. v. National Labor Relations Board should be construed narrowly. First, Hoffman's analysis - grounded in the specific purposes of the NLRA and the limited competence of the NLRB to referee...

This article assesses Judge Posner's opinion in Doll v. Brown, suggesting that lost chance theory be applied to probabilistic injuries in competitive hiring and promotion cases involving employment discrimination. I agree with Judge Posner that the lost chance remedial approach, derived from...

In light of the ubiquity of international commercial arbitration worldwide, most domestic jurisdictions strive to create consistency and uniformity in the interpretation and application of its fundamental principles. But what happens when such principles seemingly collide with a domestic...

The thriving mobile-based ride-sharing and food-delivery business in the United States has proven to be fertile grounds for litigation. Lawsuits, at times in the form of class actions, have been launched by drivers claiming to have been mis-classified as independent contractors rather than...