w88 casino News 2010Year3month24Day, New York University w88 casino of LawCynthia EstlundThe professor visited the Law w88 casino of the w88 casino and gave a wonderful lecture on the theme of the American labor legal system to the teachers and students of the law w88 casino.
Cynthia EstlundMs. 7306_7379| is a professor at New York University Law w88 casino in the United States. She received a doctorate from Yale University Law w88 casino. She once served as professor at Columbia University Law w88 casino, deputy director of the Scientific Research Office, and editor of the top legal publication "Yale Law Review".Cynthia EstlundProfessor’s recent books include Reregulation of the Workplace (Yale University Press,2010Year ed.), Working Together: How Workplace Bonds Strengthen Pluralist Democracy (Oxford University Press,2003edition) and several articles in authoritative international legal journals.
Vice Dean of the Law w88 casinoDing DingThe professor attended and hosted the lecture.EstlundThe professor discussed how to fully protect the rights and interests of workers. She first introduced the current labor legal system in the United States:19358268_8354
EstlundThe professor pointed out that there are many provisions in this labor law that are unfavorable to workers. For example, union sponsors have no right to enter the employer's premises; employers have the right to oppose the establishment of a union and can dissuade workers from establishing a union; there are almost no mandatory provisions for employers and unions to reasonably negotiate to reach a collective bargaining contract; and once workers organize a strike in order to reach a collective bargaining contract, the employer can retaliate by permanently replacing workers. These antiquated regulations have never been updated since they were introduced. They are quite outdated and rigid, and in many aspects they are skewed toward employers.EstlundThe professor analyzed the reasons for this current situation for the audience: First, Congress’s inaction. Second, the Court’s interpretation of federal law is so detailed that it impedes modifications and supplementary interpretations of state and local laws. Third, the law does not allow workers and w88 unions to file lawsuits, and relevant disputes can only be handled and resolved through the national labor relations administrative agency. Fourth, employers and employees are not allowed to jointly explore alternative labor protection mechanisms other than union representation mechanisms.
Compared with the obsolescence and rigidity of labor laws, the employment legal system in the United States appears to be more flexible and practical, since19389737_9841EstlundThe professor attributed this flexibility to four points: Congress has much less resistance to amending laws than labor laws; federal laws only provide framework provisions, and state and local laws can supplement and interpret specific issues, improving workers' rights and labor standards through precedents; the law gives workers the right to individual lawsuits and collective lawsuits, and plaintiff lawyers representing workers' interests also promote the development of the law to a certain extent; the law forces employers to participate in reforming the worker protection mechanism.
After introducing a series of advantages of the employment legal system,EstlundThe professor also analyzed the problems in employment law from the negative side. For example, it is unfavorable for the enforcement of employment law disputes; it is difficult for workers with common demands to establish unions, etc. How to solve this series of problems?EstlundThe professor hopes to look beyond labor law and look for answers from other laws such as employment law, contract law, and the Constitution.
In the subsequent interactive session, the audience raised their hands to ask questions about the differences between Chinese and foreign labor legal systemsEstlundThe professor had extensive exchanges.
Nearly two hours of lecture, passedEstlundThe professor explained in detail, and the students gained a deeper understanding of the American labor legal system.EstlundProfessor’s visit to w88 casino’s law w88 casino promoted academic exchanges between the two schools and laid a solid foundation for future cooperation.
