Authors:

  • J. Mark Ramseyer

Excerpt

Rethinking the Regulation of Employment Discharge: The Design of a Monetary Resolution System. J. Mark Ramseyer, July 4, 2019, Paper, "Should a firm try to discharge an employee, Japanese judges swat it hard. They have been swatting firms hard since the early 1950s. Before the war, most workers and firms had used at-will contracts, and judges had enforced them: workers could quit when they wanted, and firms could discharge them when they wanted. After the war, the Supreme Command for the Allied Powers (SCAP) freed the socialists and communists from prison, and both groups quickly started unionizing the work force. When firms now tried to discharge workers, the unions struck. They could strike violently: When the national railway tried to slash its work force, someone ran an unmanned train into..." Link