Privatization of Wrongful Dismissal Protection in Comparative Perspective

Posted: 18 Apr 2008

See all articles by Matthew Finkin

Matthew Finkin

University of Illinois College of Law

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Abstract

The U.S. Supreme Court has allowed employers to sweep employee claims of violation of most labor protective law into arbitration systems that employers unilaterally establish. The law would not allow employers in the United Kingdom, France, or Germany to do so. This essay explores how and why that is so in each of these countries. It explains the U.S. exceptionalism by reference to public choice theory, i.e., by resort to the economies of judicial shirking.

Suggested Citation

Finkin, Matthew W., Privatization of Wrongful Dismissal Protection in Comparative Perspective. Industrial Law Journal, Vol. 37, 2008. Available at SSRN: https://ssrn.com/abstract=1121957

Matthew W. Finkin (Contact Author)

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States

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