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Regoverning the Workplace
This original book seeks to shape current trends toward employer self-regulation into a new paradigm of workplace governance in which workers participate. The decline of collective bargaining and the parallel rise of employment law have left workers with an abundance of legal rights but no representation at work. Without representation, even workers' legal rights are often under-enforced. At the same time, however, many legal and social forces have pushed firms to self-regulate--to take on the task of realizing public norms through internal compliance structures. Cynthia Estlund argues that the trend toward self-regulation is here to stay, and that worker-friendly reformers should seek not to stop that trend but to steer it by securing for workers an effective voice within self-regulatory processes. If the law can be retooled to encourage forms of self-regulation in which workers participate, it can help both to promote public values and to revive workplace self-governance.
Research Handbook on the Economics of Labor and Employment Law
ÔWachter and Estlund have assembled a feast on the economic analysis of issues in labor and employment law for scholars and policy-makers. The volume begins with foundational discussions of the economic analysis of the individual employment relationship and collective bargaining. It then progresses to discussions of the theoretical and empirical work on a wide range of important labor and employment law topics including: union organizing and employee choice, the impact of unions on firm and economic performance, the impact of unions on the enforcement of legal rights, just cause for dismissal, covenants not to compete and employment discrimination. Anyone who wants to study what economists ...
Working Together
"Structure and rules are, in fact, central to the answer. Workplace interactions are constrained by economic power and necessity, and often by legal regulation. They exist far from the civic ideal of free and equal citizens voluntarily associating for shared ends. Yet it is the very involuntariness of these interactions that helps to make the often-troubled project of racial integration comparatively successful at work. People can be forced to get along - not without friction, but often with surprising success.".
Automation Anxiety
"This book confronts the hotly-debated prospect of mounting job losses from automation, and the divergent hopes and fears that prospect evokes, and proposes a strategy for mitigating the losses and spreading the gains from shrinking demand for human labor. Leading economists have concluded that automation is already exacerbating inequality by destroying more decent middle-skill jobs than it is creating. As ongoing innovations in artificial intelligence, machine learning, and robotics continue to chip away at the comparative advantages of human labor in a range of work tasks, those innovations are likely to yield growing job losses in the foreseeable future. Faced with this prospect, the book...
A New Deal for China’s Workers?
China’s leaders aspire to the prosperity, political legitimacy, and stability that flowed from America’s New Deal, but they are irrevocably opposed to the independent trade unions and mass mobilization that brought it about. Cynthia Estlund’s crisp comparative analysis makes China’s labor unrest and reform legible to Western readers.
The Content and Context of Hate Speech
This volume considers whether it is possible to establish carefully tailored hate speech policies that recognize the histories and values of different countries.
Taking Back the Workers' Law
Prolabor critics often question the effectiveness of the National Labor Relations Board. Some go so far as to call the Board labor's enemy number one. In a daring book that is sure to be controversial, Ellen Dannin argues that the blame actually lies with judicial decisions that have radically "rewritten" the National Labor Relations Act. But rather than simply bemoan this problem, Dannin offers concrete solutions for change. Dannin calls for labor to borrow from the strategy mapped out by the NAACP Legal Defense Fund in the early 1930s to eradicate legalized racial discrimination. This book lays out a long-term litigation strategy designed to overturn the cases that have undermined the NLRA and frustrated its policies. As with the NAACP, this strategy must take place in a context of activism to promote the NLRA policies of social and industrial democracy, solidarity, justice, and worker empowerment. Dannin contends that only by promoting these core purposes of the NLRA can unions survive—and even thrive.
Speechless
“Exposes the shameful fact that most Americans are forced to check their civil liberties—and especially their freedom of speech—at the workplace door.” —Barbara Ehrenreich, New York Times-bestselling author A factory worker is fired because her boss disagrees with her political bumper sticker. A stockbroker feels pressure to resign from an employer who disapproves of his off-hours political advocacy. A flight attendant is grounded because her airline doesn’t like what she’s writing in her personal blog. Is it legal to fire people for speech that makes employers uncomfortable, even if the content has little or nothing to do with their job or workplace? For most American workers,...
Crimes against Humanity
This book traces the evolution of crimes against humanity (CAH) and their application from the end of World War I to the present day, in terms of both historic legal analysis and subject-matter content. The first part of the book addresses general issues pertaining to the categorization of CAH in normative jurisprudential and doctrinal terms. This is followed by an analysis of the specific contents of CAH, describing its historic phases going through international criminal tribunals, mixed model tribunals and the International Criminal Court. The book examines the general parts and defenses of the crime, along with the history and jurisprudence of both international and national prosecutions. For the first time, a list of all countries that have enacted national legislation specifically directed at CAH is collected, along with all of the national prosecutions that have occurred under national legislation up to 2010.
Yale Law Journal: Volume 125, Number 1 - October 2015
The contents of the October 2015 issue (Volume 125, Number 1) are: Articles • Against Immutability, by Jessica A. Clarke • The President and Immigration Law Redux, by Adam B. Cox & Cristina M. Rodríguez Essay • Which Way To Nudge? Uncovering Preferences in the Behavioral Age, by Jacob Goldin Note • Saving 60(b)(5): The Future of Institutional Reform Litigation, by Mark Kelley Comment • Interbranch Removal and the Court of Federal Claims: “Agencies in Drag,” by James Anglin Flynn Quality ebook formatting includes fully linked footnotes and an active Table of Contents (including linked Contents for all individual Articles, Notes, and Essays), proper Bluebook formatting, and active URLs in footnotes. This is the first issue of academic year 2015-2016.
