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...

Workplace rules that deny fundamental aspects of personal autonomy are (in many states) and should be actionable invasions of privacy. Perhaps nowhere is the invasion more keenly felt than when an employer demands, under penalty of forfeiting one's livelihood, that one dress or alter one's...

Most inventors work as employees for the majority of their careers and are often required as a condition of employment to sign a contract drafted by the firm's lawyers giving the firm exclusive control over as broad a range of economically valuable information and innovation that the lawyers...

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...

The reputation we develop by receiving credit for the work we do proves to the world the nature of our human capital. If professional reputation were property, it would be the most valuable property that most people own because much human capital is difficult to measure. Although attribution is...