66 Am. U. L. Rev. 635 (2017)

*Professor of Law, Director of the William C. Wefel Center of Employment Law, Saint Louis University School of Law. J.D., Harvard Law School, 1999; B.A., Dartmouth College, 1996.

**Antonio Aloisi, Visiting Researcher, Saint Louis University Law School. PhD candidate, Bocconi University, Milan. The authors wish to thank the administration at both Saint Louis University and Bocconi University for facilitating this collaboration; specifically Former Dean Michael Wolff, Saint Louis University School of Law; and Dean Stefano Liebman, Bocconi University. We also wish to thank William (Bill) Johnson, the Director of Saint Louis University’s Center for Comparative and International Law (“CICL”) and the new Dean of Saint Louis University School of Law, and Ira Trako, the Associate Director of CICL for their assistance and for hosting a workshop in which we presented this paper to the faculty of Saint Louis University School of Law. For excellent comments, thank you to Chad Flanders, Doug Williams, and Patricia Lee. Our appreciation to Valerio De Stefano of the International Labour Office, who brokered this collaboration and who has been a source of advice and guidance throughout the project. Thanks also for research assistance to reference librarian David Kullman, and to faculty fellows Patrick Georgen and Donte Tamprateep. Of course, we also owe thanks to the editors of the American University Law Review for their editing and research assistance.