Showing papers by "Matthew W. Finkin published in 2010"
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TL;DR: This article argued that neither the United States' values nor its legal principles are incommensurable with Europe's: that we draw from a common Enlightenment wellspring in our understanding of human rights, including the right to privacy.
Abstract: This contributes to the debate on whether the United States can look to the law in Europe, especially in Germany, in developing the law of employee privacy. It contends that neither our values nor our legal principles are incommensurable with Europe's: that we draw from a common Enlightenment wellspring in our understanding of human rights, including the right to privacy. It argues that the U.S. law has grown more slowly and in a more piecemeal fashion but in a direction that is bringing the United States closer to Europe.
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TL;DR: In 2009, Oregon enacted a law allowing employees to opt out of company meetings for the communication of the company's position on religion or political issues including union representation, which was immediately challenged as a violation of free speech and as preempted by the National Labor Relations Act as discussed by the authors.
Abstract: In 2009, Oregon enacted a law allowing employees to opt out of company meetings for the communication of the company’s position on religion or political issues including union representation. The law was immediately challenged as a violation of free speech and as preempted by the National Labor Relations Act. The suit was dismissed on ripeness grounds; and so these issues remain judicially to be addressed. This article argues that the right not to be subjected to captive audition is deeply rooted in the protection of human dignity. It is recognized as much in the laws of Germany, Spain, Japan, Brazil, Argentina, and New Zealand; that is, across a variety of legal families and cultures. Viewed from that perspective, the Oregon law is in no way discordant with an employee’s right of freedom of speech nor preempted by the Labor Act.
1 citations