In order to understand the precise effect the Peterson holding will have on labor-relations law and privilege creation, it is important to first understand how privileges have been created in the past, both traditionally and divergently. Next, it is important to apply the historical context of privilege creation to understand the critical thinking that determines when and how a new privilege should apply. Further, it is important to compare and contrast labor-relations privileges with other privileges in order to create proper limits and application of the labor-relations privilege. Applying this analytical framework to the facts, holding, and reasoning of the Peterson case will provide a more clear determination of the effect of this case on labor-relations law and privilege creation.
Joanna L. Byrne,
Labor-Relations Privilege: How Far Can We Tip the Scales to Hide the Truth, The,
2013 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2013/iss1/9