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Privatization of wrongful dismissal protection in comparative perspective

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Article

Finkin, Matthew W.

Industrial Law Journal

2008

37

2

June

149-168

arbitration ; comparison ; dispute settlement ; labour law ; workers rights

France ; Germany ; United Kingdom ; USA

Law

English

'The US Supreme Court has allowed employers to sweep employee claims of violation of most labour protective law into arbitration systems that employers unilaterally establish. The law would not allow employers in the UK, France or Germany to do so. This essay explores how and why that is so in each of these countries. It explains the US exceptionalism by reference to public choice theory, ie, by resort to the economics of judicial shirking.'

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