Articles

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Comparative Law in a Time of Globalization: Some Reflections, Duquesne Law Journal (2014)

This piece discusses the tension between internationalization of legal ordering and the growing pressure against...

 
Neutralitaet des Arbeitgebers im US-amerikanischen Arbeitsrecht?, Arbeit und Recht (2012)

It is for workers alone to decide whether to organize for purposes of collective bargaining....

 
Employer Neutrality?, Arbeit und Recht (2012)

It is for workers alone to decide whether to organize for purposes of collective bargaining....

 

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Modern Man, America (2009)
 
The Fragile Relevance of Laborem Exercens, Journal of Catholic Social Thought (2009)
 
Restatement - Technique and Tradition in the United States, International Journal of Comparative Labour Law and Industrial Relations (2008)

This paper considers the meaning and development in a historical perspective of what Americans mean...

 

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Body and Soul, Boston College Magazine (2007)
 

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The Notion of Solidarity and the Secret History of American Labor Law, Buffalo Law Review (2005)

"Solidarity," a term not overly familiar to Americans, sometimes seems to have as many meanings...

 

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Comparative Labor Law: Some Reflections on the Way Ahead, Comparative Labor Law & Policy Journal (2003)
 
Major-League-Baseball-Streik 1994-1995, Arbeit und Recht (2001)
 

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The Employment Relation and Its Ordering at Century's End: Reflections on Emerging Trends in the United States, Boston College Law Review (2000)

The enormous success of the United States economy in producing new jobs has focused world-wide...

 
Kündigungsschutz in Deutschland und den USA (with Michael Kittner), Betriebs Berater (2000)
 

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Conditioning Expectations: The Protection of the Employment Bond in German and American Law (with Michael Kittner), Comparative Labor Law & Policy Journal (2000)

According to many observers, one of the critical factors accounting for the unprecedented economic growth...

 

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The Disintegration of Labor Law: Some Notes for a Comparative Study of Legal Transformation, Notre Dame Law Review (1998)

While acknowledging the difficulties inherent in a comparative approach to labor and employment ordering issues,...

 

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Bonding and Flexibility: Employment Ordering in a Relationless Age (with Matthew Finkin), American Journal of Comparative Law (1998)
 
Do We Own Ourselves?, Institute for American Values Working Paper No. 62 (1998)
 
Labour Law and Labour Relations: Comparative and Historical Perspectives, International Journal of Comparative Labor Law and Industrial Relations (1996)
 

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Individualism and Communitarianism at Work, Brigham Young University Law Review (1993)
 

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The Overlooked Middle, Symposium on the Legal Future of Employee Representation Chicago-Kent Law Review (1993)

In this Article, the author argues that significant elements concerning the discussion of labor law...

 
In Praise of Unions: Collective Bargaining Does Promote the Common Good, Crisis: A Journal of Lay Catholic Opinion (1989)
 

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The Common Law, Labor Law, and Reality: A Response to Professor Epstein (with Julius G. Getman), Yale Law Journal (1983)
 
Mécanismes de Participation des Travailleurs aux Etats-Unis (with Julius G. Getman), Journées de la Societé de Legislation Comparée (1983)
 

Contributions to Books

Hugues-Felicite-Robert de Lamennais (1782-1854), Encyclopedia of Catholic Social Thought, Social Science, and Social Policy (2012)

Encyclopedia entry for the theologian and social theorist, Lamennais.

 
A Study in Ideal Anti-Types: Executive Status and Labor Market Regulation in Comparative Perspective, Labour Law of Executive Staff in Selected Countries/ Arbeitsrecht fur Fuhrungskrafte in ausgewahlten Rechtsordnungen (2010)

Comparative study and assessment of legal protections afforded leading management personnel in several leading European...

 
A Rock on Which One Can Build: Friendship, Solidarity, and the Notion of Authority, Civilizing Authority: Society, State, and the Church (2007)
 

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Decentralizing Industrial Relations: The American Situation and its Significance in Comparative Perspective, Decentralizing Industrial Relations and the Role of Labour Unions and Employee Representatives (2007)
 

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Labor Law: 'Making Life More Human' - Work and the Social Question, Recovering Self-Evident Truths: Catholic Perspectives on American Law (2007)
 

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Lost Foundations: The Religious Voice and Employee Participation in the United States and Germany, Arbeitnehmermitwirkung in einer sich globalisierenden Arbeitswelt=Employee Involvement in a Globalising World: Liber Amicorum Manfred Weiss (2005)
 

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The Story of NLRB v. Mackay Radio & Telegraph Co.: The High Cost of Solidarity (with Julius G. Getman), Labor Law Stories (2005)

In 1938, in NLRB v. Mackay Radio & Telegraph Co., the Supreme Court offered one...

 

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Comments On Weiss' 'Trade Unions, Worker's Participation, and Collective Bargaining in Germany and in The EU', The Future of Labor Unions: Organized Labor in the 21st Century (2004)
 

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National Labor Relations Act, Major Acts of Congress (2004)
 

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Autonomy and Personhood: The Implications for Labor and Employment Law, Zur Autonomie des Individuums: Liber Amicorum Spiros Simitis (2000)
 
Labor Law and Labor Relations: Comparative and Historical Perspectives, The Future of Labour and Labour in the Future: Proceedings, Second Plenary Session of the Pontifical Academy of Social Sciences, 20-23 March 1996 (1998)
 
Remarks (as Panelist), Krise des Flächentarifvertrages? Dokumentation eines Gesprächs der Otto Brenner Stiftung (Frankfurt am Main, 8. Dezember 1995) (1996)
 

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Civic Virtue at Work: Unions as Seedbeds of the Civic Virtues, Seedbeds of Virtue: Sources of Competence, Character and Citizenship in American Society (1995)
 

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In Praise of Little Platoons, Building the Free Society: Democracy, Capitalism, and Catholic Social Teaching (1993)
 

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Quadragesimo Anno, A Century of Catholic Social Thought: Essays on Rerum Novarum and Nine Other Key Documents (1991)
 

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Commentary on "The Regulation of Union Economic Power," by Walter E. Oberer, American Labor Policy: A Critical Appraisal of the National Labor Relations Act (1987)
 

Popular Press

Selected Professional Activities

Catholic Social Thought: A Critical Investigation, Lumen Christi Institute at the University of Chicago (2013)
 
Speaker and Participant: A Celebration of the Work of Mary Ann Glendon, University of Notre Dame Law School and the Law Faculty, University of Florence (2013)
 
Author Meets Reader - After the Standard Contract of Employment: Innovations in Regulatory Design, Law and Society Annual Meeting (2013)

Panel on the book Re-thinking Workplace Regulation: Beyond the Standard Contract of Employment by Harry...

 
Participant, Pacem in Terris: After Fifty Years, University of Chicago (2013)
 
Gewerkschaftsrechte in den U.S.A, Law Faculty of the University of Jena (2013)

This lecture addressed the allowable limits of employer co-operation in union organization. Issues surrounding this...

 
Gewerkschaftsrechte in den U.S.A, Law Faculty of the University of Göttingen (2013)
 
Faculty Seminar on the Papal Encyclical, Pacem in Terris, Lumen Christi Institute, University of Chicago (2013)

A seminar on the Papal Encyclical Pacem in Terris at the Lumen Christi Institute.

 
What Does it Mean to be Conservative?: A Perspective from Catholic Social Thought, University of Chicago Law School (2013)

A presentation given at the University of Chicago Law School.

 
The Sinzheimer Lecture: Gewerkschaftsrechte in den USA, Hugo-Sinzheimer-Institut and the University of Frankfurt Law Faculty (2012)

This lecture addressed the allowable limits of employer co-operation in union organization. Issues surrounding this...

 
Labor Law Group--Biennial Meeting, Labor Law Group (2012)

Group of leading American and Canadian labor and employment law scholars. A biennial retreat for...

 
Expert and Participant, Toward a Moral Economy: Policies and Values for the 21st Century, John U. Neff Committee on Social Thought and the Lumrn Christi Institute (University of Chicago) and the Katholische Sozialwissenschaftliche Zentralstelle (Mönchengladbach, Germany) (2012)
 
Hobbes, Locke and the Mystery of Friendship, Boston College Perspectives Program (2012)

A lecture given to the Boston College Perspectives Program.

 

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Solidarity Forever: An Idea and its Roots in Catholic Social Thought, Lumen Christi Institute, University of Chicago (2012)

Roots of the idea of solidarity in Catholic Social Thought--and its political, economic, legal, implications

 
The History and Significance of Steele v. Louisville & Nashville Railroad Co., Harvard University Trade Union Program, Harvard Law and Worklife Program (2012)
 
Public Unions and the State of the Labor Movement, Annual Conference on Christian Legal Thought, Lumen Christi Institute (2012)

This presentation considered public unions and the state of the labor movement in light of...

 
Board Member, International Society for Labor & Social Security Law, International Society for Labor & Social Security Law (2012)

In August 2012, Professor Kohler was elected to the National Board of the International Society...

 
Member, Executive Committee for the Program on Catholic Social Though, Lumen Christi Institute (2012)

In August 2012 Professor Kohler was invited to join the Executive Committee for the Program...

 
Presentation on unions and mediating institutions in Catholic social doctrine, Union League Club (2012)

A presentation at the Union League Club on unions and mediating institutions in Catholic social...

 
Experts' Meeting on the Restatement of Employment Law, American Bar Foundation and the Labor Law Group (2011)
 
Economic Pressure and the Law, I.G. Metall (2011)
 
Voices at Work: Legal Effects on Organization, Representation and Negotiation, Oxford University and the Leverhulme Trust (2011)

The Inaugural Conference for a 4-year comparative law project to investigate intersection between law and...

 
Moving Viewpoints: Solidarity in Modern Context, Lonergan Workshop, Boston College Lonergan Center and Theology Dept. (2011)

Taking theological, social, economic and legal principle of Solidarity, first developed in wake of French...

 
Rapporteur for the Americas to the General Assembly, Justice and Globalization: From Mater et Magistra to Caritas et Veritate, International Congress on the 50th Anniversary of Mater et Magistra (2011)
 
The Duty of Fair Representation: History and Significance, Law and Worklife Program, Harvard Law School (2011)

A review of the legal duty of fair representation, the legal and constitutional problems, its...

 
Presentation about the significance of Prof. Jack Getman's book "Restoring the Power of Unions", University of Texas School of Law Faculty Colloquium (2010)

Review of the significance of Prof. Jack Getman's book, "Restoring the Power of Unions" (Yale...

 
Trade Union Rights at the Workplace, Hugo-Sinzheimer-Institut and the University of Frankfurt, Faculty of Law (2010)
 
Labor Law Group Conference, Labor Law Group Trust (2010)

The Labor Law Group is an Association of the Nation's leading labor and employment law...

 
The Duty of Fair Representation: History and Scope, Harvard University Trade Union Program (2010)
 
The Employee Free Choice Act, Workshop on Work Law, American Association of Law Schools (2009)
 
29th Annual Kenneth M. Piper Memorial Lecture, Chicago-Kent College of Law (2007)
 
The Relevance of Laborem Exercens for Workers, Catholic Social Teaching and Human Work: 25th Anniversary of Laborem Exercens (2006)
 
The Notion of Solidarity and the Secret History of American Labor Law, Faculty Colloquium at the University of Texas School of Law (2005)
 
What’s Wrong with an International Labor Market?, New England Legal Foundation 2004 CEO Forum (2004)
 
The Japan International Labor Law Foundation Distinguished Lectures, University of Tokyo Faculty of Law (2003)
 
Hugo Sinzheimer Memorial Lecturer, Rechtswissenschaftliche Fakultät, Johann Wolfgang Goethe Universität (1999)