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Reconstructing the Corporation
This book critically examines shareholder primacy and develops a new theory of shared corporate governance that includes employees.
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.
The Quantified Worker
The information revolution has ushered in a data-driven reorganization of the workplace. Big data and AI are used to surveil workers and shift risk. Workplace wellness programs appraise our health. Personality job tests calibrate our mental state. The monitoring of social media and surveillance of the workplace measure our social behavior. With rich historical sources and contemporary examples, The Quantified Worker explores how the workforce science of today goes far beyond increasing efficiency and threatens to erase individual personhood. With exhaustive detail, Ifeoma Ajunwa shows how different forms of worker quantification are enabled, facilitated, and driven by technological advances. Timely and eye-opening, The Quantified Worker advocates for changes in the law that will mitigate the ill effects of the modern workplace.
Labor Law
This one-volume, concise treatise on labor law explains the analytical structure that governs how employees form workplace organizations and bargain over the terms and conditions of employment. It covers new forms of labor organizing, such as the corporate campaign, card check/neutrality agreements, and worker centers. It is designed to complement leading labor law casebooks with analysis of the principal decisions, context, and social justice policy. It reflects decisional and other developments through August 2019.
Labor Law
Appreciating the challenges the system faces in an era of declining unionization rates in private firms and rising competitive forces in labor markets, this one-volume, concise treatise gives students an appreciation of the analytical structure of the law that governs how employees can form workplace organizations and bargain over the terms and conditions of employment. New forms of labor organizing, such as the corporate campaign, card check/neutrality agreements, and worker centers are highlighted. The book is designed to complement leading labor law case books, including discussion of principal decisions featured in those texts, as well as providing both a policy and practical context for what remains a dynamic area of law and social justice.
Business and the Roberts Court
Is the Roberts Court "pro-business"? If so, what does this mean for the law and the American people? Business and the Roberts Court provides the first critical analysis of the Court's business-related jurisprudence, combining a series of empirical and doctrinal analyses of how the Roberts Court has treated business and business law.
Corporate Governance in the Common-Law World
The corporate governance systems of Australia, Canada, the United Kingdom and the United States are often characterized as a single 'Anglo-American' system prioritizing shareholders' interests over those of other corporate stakeholders. Such generalizations, however, obscure substantial differences across the common-law world. Contrary to popular belief, shareholders in the United Kingdom and jurisdictions following its lead are far more powerful and central to the aims of the corporation than are shareholders in the United States. This book presents a new comparative theory to explain this divergence and explores the theory's ramifications for law and public policy. Bruner argues that regulatory structures affecting other stakeholders' interests - notably differing degrees of social welfare protection for employees - have decisively impacted the degree of political opposition to shareholder-centric policies across the common-law world. These dynamics remain powerful forces today, and understanding them will be vital as post-crisis reforms continue to take shape.
Shareholder-driven Corporate Governance
The book develops a concept--shareholder-driven corporate governance--to explain the role of powerful shareholders and to defend a regulatory scheme that furthers their participation in corporate decision-making. In doing so, the book considers a number of areas where more work is required to effectively regulate our capital markets. Ultimately, the book identifies an important trend in capital markets, highlights our reasons for fostering this trend, and discusses the path that regulation can and should take in order to protect investors and create well-regulated markets.
With God on Our Side
When unions undertake labor organizing campaigns, they often do so from strong moral positions, contrasting workers’ rights to decent pay or better working conditions with the more venal financial motives of management. But how does labor confront management when management itself has moral legitimacy? In With God on Our Side, Adam D. Reich tells the story of a five-year campaign to unionize Santa Rosa Memorial Hospital, a Catholic hospital in California. Based on his own work as a volunteer organizer with the Service Employees International Union (SEIU), Reich explores how both union leaders and hospital leaders sought to show they were upholding the Catholic "mission" of the hospital aga...
The Oxford Handbook of the Law of Work
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 ...
