Regoverning the Workplace

Regoverning the Workplace

Author: Cynthia Estlund

Publisher: Yale University Press

Published: 2010-01-01

Total Pages: 320

ISBN-13: 0300124503

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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 Supreme Court on Unions

The Supreme Court on Unions

Author: Julius G. Getman

Publisher: Cornell University Press

Published: 2016-05-19

Total Pages: 240

ISBN-13: 150170365X

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Labor unions and courts have rarely been allies. From their earliest efforts to organize, unions have been confronted with hostile judges and antiunion doctrines. In this book, Julius G. Getman argues that while the role of the Supreme Court has become more central in shaping labor law, its opinions betray a profound ignorance of labor relations along with a persisting bias against unions. In The Supreme Court on Unions, Getman critically examines the decisions of the nation’s highest court in those areas that are crucial to unions and the workers they represent: organizing, bargaining, strikes, and dispute resolution. As he discusses Supreme Court decisions dealing with unions and labor in a variety of different areas, Getman offers an interesting historical perspective to illuminate the ways in which the Court has been an influence in the failures of the labor movement. During more than sixty years that have seen the Supreme Court take a dominant role, both unions and the institution of collective bargaining have been substantially weakened. While it is difficult to measure the extent of the Court’s responsibility for the current weak state of organized labor and many other factors have, of course, contributed, it seems clear to Getman that the Supreme Court has played an important role in transforming the law and defeating policies that support the labor movement.


Automation Anxiety

Automation Anxiety

Author: Cynthia Estlund

Publisher: Oxford University Press

Published: 2021

Total Pages: 249

ISBN-13: 0197566103

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"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 argues that we should set our collective sights on ensuring broad access to adequate incomes, more free time, and decent remunerative work even in a world with less of it. That will require not a single "magic bullet" solution like universal basic income or a federal job guarantee, but rather a multifaceted strategy centered on conserving, creating, and spreading work. The book elaborates that strategy in the U.S. context, but much of it is broadly relevant to other advanced economies. And while the proposed strategy is designed to address a foreseeable future of job scarcity, it will also help to rebalance lives already plagued by either too much work or not enough and to counter both economic inequality and racial stratification. The proposed strategy makes sense here and now, and especially as we face up to a future of less work"--


Directions in Sexual Harassment Law

Directions in Sexual Harassment Law

Author: Catharine A. MacKinnon

Publisher: Yale University Press

Published: 2008-10-01

Total Pages: 746

ISBN-13: 0300135300

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div When it was published twenty-five years ago, Catharine MacKinnon’s pathbreaking work Sexual Harassment of Working Women had a major impact on the development of sexual harassment law. The U.S. Supreme Court accepted her theory of sexual harassment in 1986. Here MacKinnon collaborates with eminent authorities to appraise what has been accomplished in the field and what still needs to be done. An introductory essay by Reva Siegel considers how sexual harassment came to be regulated as sex discrimination. Contributors discuss how law can best address sexual harassment; the importance and definition of consent and unwelcomeness; issues of same-sex harassment; questions of institutional responsibility for sexual harassment in both employment and education settings; considerations of freedom of speech; effects of sexual harassment doctrine on gender and racial justice; and transnational approaches to the problem. An afterword by MacKinnon assesses the changes wrought by sexual harassment law in the past quarter century. /DIV


Automation Anxiety

Automation Anxiety

Author: Cynthia Estlund

Publisher: Oxford University Press

Published: 2021-07-16

Total Pages: 249

ISBN-13: 019756612X

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Are super-capable robots and algorithms destined to devour our jobs and idle much of the adult population? Predictions of a jobless future have recurred in waves since the advent of industrialization, only to crest and retreat as new jobs-usually better ones-have replaced those lost to machines. But there's good reason to believe that this time is different. Ongoing innovations in artificial intelligence, machine learning, and robotics are already destroying more decent middle-skill jobs than they are creating, and may be leading to a future of growing job scarcity. But there are many possible versions of that future, ranging from utterly dystopian to humane and broadly appealing. It all depends on how we respond. This book confronts the hotly-debated prospect of mounting job losses due to automation, and the widely-divergent hopes and fears that prospect evokes, and proposes a strategy for both mitigating the losses and spreading the gains from shrinking demand for human labor. We should set our collective sights, it argues, on ensuring access to adequate incomes, more free time, and decent remunerative work even in a future with less of it. Getting there will require not a single "magic bullet" solution like universal basic income or a federal job guarantee but a multi-pronged program centered on conserving, creating, and spreading work. What the book proposes for a foreseeable future of less work will simultaneously help to address growing economic inequality and persistent racial stratification, and makes sense here and now but especially as we face the prospect of net job losses.


Injury Impoverished

Injury Impoverished

Author: Nate Holdren

Publisher: Cambridge University Press

Published: 2020-04-09

Total Pages: 311

ISBN-13: 1108488706

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Combining archival research, critical theory, and gender- and disability-analysis, Nate Holdren argues that Progressive Era reform to employee injury law created new employment discrimination against disabled people and a new injury culture that treated employees and their injuries instrumentally.


Yale Law Journal: Volume 121, Number 6 - April 2012

Yale Law Journal: Volume 121, Number 6 - April 2012

Author: Yale Law Journal

Publisher: Quid Pro Books

Published: 2012-04-26

Total Pages: 507

ISBN-13: 1610279433

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One of the world's leading law journals is available in quality ebook formats; such editions include active Contents for the issue and for individual articles, linked footnotes, linked cross-references in notes and text, active URLs in notes, and proper digital presentation from the original bound edition. This issue of The Yale Law Journal (the 6th issue of Volume 121, academic year 2011-2012) features articles and essays by several notable scholars. Principal contributors include Daryl Levinson (on votes and rights), Michelle Wilde Anderson (on dissolving cities), and Patricia Bella (on WikiLeaks and national security). The issue also features student contributions on elected prosecutors in legal history and on execution of the mentally retarded as an issue under section 1983 civil rights law.


Comparative Labor Law

Comparative Labor Law

Author: Matthew W. Finkin

Publisher: Edward Elgar Publishing

Published: 2015-07-31

Total Pages: 504

ISBN-13: 1781000131

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Economic pressure, as well as transnational and domestic corporate policies, has placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This bo


Rediscovering Collective Bargaining

Rediscovering Collective Bargaining

Author: Breen Creighton

Publisher: Routledge

Published: 2012-08-21

Total Pages: 362

ISBN-13: 1136281355

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This book examines countries that have tried, with varying degrees of success, to use legislative strategies to encourage and support collective bargaining, including Australia’s Fair Work Act. It is the first major study of the operation and impact of the new collective bargaining framework introduced under the Fair Work Act, combining theoretical and practical perspectives. In addition, a number of comparative pieces provide rich insights into the Australian legislation’s adaptation of concepts from overseas collective bargaining systems – including good faith bargaining, and majority employee support as the basis for establishing bargaining rights. Contributors to this volume are all leading labor law, industrial relations, and human resource management scholars from Australia, and from Britain, Canada, New Zealand and the United States.


A Purposive Approach to Labour Law

A Purposive Approach to Labour Law

Author: Guy Davidov

Publisher: Oxford University Press

Published: 2016-05-05

Total Pages: 305

ISBN-13: 0191076856

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The mismatch between goals and means is a major cause of crisis in labour law. The regulations that we use - the legal instruments and techniques - are no longer in sync with the goals they are supposed to advance. This mismatch leads to a problem of coverage, where many workers who need the protection of labour law are not covered by it, as well as a problem of obsoleteness, as labour laws are not sufficiently updated in light of dramatic changes in the labour market. Adopting a purposive approach to interpretation and legislative reform, this volume addresses this crisis of mismatch. It first articulates the goals of labour law, both general and specific, through an in-depth normative discussion and a consideration of critiques. The book then proceeds to reconsider our means, asking what we need to change or improve in the laws themselves in order to better advance the goals. Some of the proposed solutions are at the level of judicial interpretation, others at the legislative level. The book offers several examples of the way a purposive analysis should be performed in concrete cases. It also recommends institutional structures that are suited to ongoing adaptation of the law to ensure that our goals are advanced even when circumstances frequently change. Finally, in response to the crisis of enforcement in this field, which frustrates the achievement of labour law's goals, several proposals to improve compliance and enforcement are considered.