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Employee Rights and Employment Policy Journal

Volume 1 1997 Number 1


National Employee Rights Institute

[P.ix]The National Employee Rights Institute (" NERI") is pleased to join with Chicago-Kent College of Law in the exciting venture of co-publishing our new journal "focused on the well-being of employees in the workplace." Employment law has not been given sufficient rec-ognition in existing law reviews. There is a paucity of scholarly jour-nals dealing solely with employment law and policy issues. Further, those in the academic community who deal with labor and employ-ment law and policy seldom approach issues from the perspective of the best interests of employees. Employment lawyers in the "trenches" need to consult scholarly materials in addition to court de-cisions and "bread and butter" articles. Federal and state judges and their law clerks can benefit from scholarly review of employment law issues. For all these reasons, NERI believes that our new journal can have a dramatic and important influence.

NERI was founded by lawyers. Our advisory board of lawyers will play a role in making the journal responsive to the needs of prac-ticing lawyers. Building relationships between law schools and the employment bar can benefit all concerned, including employees. From the start, we recognize that bona fide disagreements can exist as to what is best for employees. However, NERI believes that good faith debate as to what is good for employees ultimately will help em-ployees. For example, Professor Susan FitzGibbon wrote an article for the inaugural issue of the journal that favors arbitration of employ-ment disputes, even when it is mandated by the employer as a condi-tion of employment. NERI strongly disagrees with the latter point and a NERI position statement on mandatory arbitration appears in the inaugural issue. Professor FitzGibbon also relies heavily on the proposition that reinstatement is an important remedy for employees and that reinstatement is more available through arbitration than through litigation. However, most employment lawyers believe, based upon their experience, that most non-union victims of discriminatory or wrongful termination do not want reinstatement and prefer money damages.

[P.x]In all events, we believe spirited and enlightened discussion of these and other issues will make this journal the most important of its kind in the nation.

Paul H. Tobias
Chair, Board of Directors, NERI

Wayne N. Outten
President, NERI

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