This book chapter summarizes the preliminary findings of what may be the most comprehensive collection of discipline and discharge arbitration decisions ever subject to systematic analysis. Since the early 1980s, arbitrators on Minnesota's Bureau of Mediation Services (BMS) roster have been...

Immigration reform may reasonably be characterized as the most significant labor reform in a generation. This Essay considers the shape of labor and employment law after congressional enactment of comprehensive immigration reform. For this purpose, the Essay assumes that Congress does in fact...

Globalization poses many challenges to working people and their advocates. In light of the demands on the limited resources of United States unions and other labor advocates, it may seem folly to suggest an additional strategy for addressing the consequences of globalization. Yet there is a...

Proportionality is the notion that the severity of a sanction should not be excessive in relation to the gravity of an offense. The principle is ancient and nearly uncontestable, and its operation is well-established in numerous areas of criminal and civil law, in the United States and abroad....

This chapter reviews the state of play of the chief constitutional question posed by he Personal Responsibility and Work Opportunity Reconciliation Act of 1996 - whether federally authorized, state-imposed discrimination against legal permanent residents violates the Equal Protection Clause - in...

What forms of discrimination are likely to be salient in the coming decade? This review flags a cluster of problems that roughly fall under the rubric of inclusive exclusions or discrimination by inclusion. Much contemporary discrimination theory and empirical work is concerned not simply with...

There is renewed focus on the means by which workers organize against extreme economic inequality and autocracy at work. Social movement organizations, first on their own and, more recently, in collaboration with labor unions, have originated creative sectoral bargaining strategies matched with...

This chapter on the law and employment practices at both the high end and the low end of the Hollywood labour market briefly describes three regimes of law – employment contracts, statutory wage and hour regulation, and collective bargaining agreements – that determine the conditions of...

This symposium, jointly sponsored by UC Irvine Law School and the Labor Law Group, consists of 12 papers proposing alternatives to the Wagner Act model of majority unions and workplace collective bargaining as ways to ensure decent working conditions. Taken together articles demonstrate three...

Perhaps no issue has been more controversial in the discussion of police union responses to allegations of excessive force than statutory and contractual protections for officers accused of misconduct, as critics have assailed such protections and police unions defend them. For all the public...