Privatization of Wrongful Dismissal Protection in Comparative Perspective
Posted: 18 Apr 2008
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.
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