Abstract:
Historically, the role of comparative law in labor law development and reform has been minimal. It has been “almost conventional to declare that, at least until recently, the attitude of courts, legislatures, labor law scholars, practitioners, employers, and unions has been ‘solipsistic.’” The American system of collective bargaining and labor relations has been seen as “‘a self-contained world of its own which alone is worthy of study.’” Mr. Whelan joins recent scholarship that suggests that the comparative method can be properly applied to American labor law. His article provides a detailed review of the ways in which the comparative method has been employed as a tool of labor law reform and legal change.