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"The essays in this volume confront the inroads that economics has made into the legal academy.... Law and Economics uses principles of neoclassical economics to develop laws and social policies that maintain if not bolster current allocations of power."—from the Introduction The Law and Economics school has had a significant impact on the legal and governmental landscape in the United States. It posits a perfectly rational "economic man"—homo economicus—who is unconstrained by familial and communal ties and who can and should make decisions solely in light of considerations of economic value. Feminism Confronts Homo Economicus offers a major intervention in debates about how law has c...
Working Regions focuses on policy aimed at building sustainable and resilient regional economies in the wake of the global recession. Using examples of four ‘working regions’ — regions where research and design functions and manufacturing still coexist in the same cities — the book argues for a new approach to regional economic development. It does this by highlighting policies that foster innovation and manufacturing in small firms, focus research centers on pushing innovation down the supply chain, and support dynamic, design-driven firm networks. This book traces several key themes underlying the core proposition that for a region to work, it has to link research and manufacturing...
An insightful and evidence-based assessment of our urgent need to enact labor law reform—and how to achieve it. Millions of non-union workers want unionization, but our current labor-management relations law conspires to deny them meaningful opportunities to secure collective workplace representation. The resulting low rates of collective bargaining impose economic, political, and social costs on us all. In Fulfilling the Pledge, Roger Hartley addresses the plight of American workers, who face a grim, uncertain future, as the digital workplace reshapes the hierarchical post–World War II industrial relations system that once gave workers a voice. Through empirical evidence and the lens of...
This book examines labour regulation and labour mobility in two professional baseball leagues: Major League Baseball in the United States and Nippon Professional Baseball in Japan. Through vivid comparative study, Matt Nichol explores how each league internally regulates labour mobility and how this internal regulation engages with external regulation from the legislature, statutory authorities and the courts. This comparison of two highly restrictive labour markets utilizes regulatory theory and labour regulation and suggests a framework for a global player transfer system in baseball.
At the core of all societies and economies are human beings deploying their energies and talents in productive activities - that is, at work. The law governing human productive activity is a large part of what determines outcomes in terms of social justice, material wellbeing, and the sustainability of both. It is hardly surprising, therefore, that work is heavily regulated. This Handbook examines the 'law of work', a term that includes legislation setting employment standards, collective labour law, workplace discrimination law, the law regulating the contract of employment, and international labour law. It covers the regulation of relations between employer and employee, as well as labour ...
This book deals with international labor and employment law in the East Asia Region (EA), particularly dealing with China, South Korea, and Japan. It explores and explains the effects of globalization and discusses the role of international lawyers, business personnel, and human resource directors who are knowledgeable, culturally sensitive, and understand the issues that can arise when dealing in EA trade and investment. The text and readings (from area experts) are organized and written to provide the reader with, first, a broad understanding and insight into the global dimensions of the fast-emerging area of labor and employment issues (e.g., global legal standards and their interplay wit...
This volume explores the societal goals behind labour laws - through an analysis of normative justifications and critiques - and examines what actions are needed to better advance these goals, by way of purposive interpretation and legal reform.
Have the speed, informality, and low cost of the grievance and arbitration system deteriorated? Has the system become too adversarial? Has it lost its problem-solving character? This book examines the nature and degree of change in workplace dispute resolution in the context of ongoing changes in work and in labor relations.The volume begins with an editors' introduction that provides context and offers a political perspective on the current state of dispute resolution in the workplace. The chapters that follow contain critiques of the existing legal framework surrounding mandatory arbitration in the nonunion sector and a review of the empirical literature on nonunion dispute resolution. Employment Dispute Resolution and Worker Rights in the Changing Workplace includes sections on grievance mediation, the status of the grievance procedure in workplaces with extensive worker and/or union participation in decision making, and high-performance workplaces. The study concludes with trends in dispute resolution in the public sector and with the alternative dispute resolution system commonly practiced in the unionized construction industry.
A broad, comprehensive foray into the debate about the legal crisis, written by one of the most respected and authoritative scholars of the legal profession.
This book tells the story of the development of labor law over the course of nearly seventy years - beginning with Mackay Radio, one of the earliest cases under the National Labor Relations Act (NLRA), and ending with Hoffman Plastic, one of the most recent. It includes cases from the major topics in a basic or advanced course on Labor Law, describing not only the doctrinal evolution of law under the NLRA, but also the impact of the law on the lives of the people involved. The authors interviewed dozens of participants in the fourteen cases addressed in the book.