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The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century

The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century

£190.00

Richard Bales, Jake Rosenfeld, Cynthia Estlund, William B. Gould, IV, Charlotte Garden, Kate Andrias, Ann C. Hodges, Martin H. Malin, Richard A. Epstein, Sanjukta Paul, Richard Kahlenberg, Moshe Marvit, Joseph Slater, Jeffrey Hirsch, Kenneth G. Dau-Schmidt, Katherine V. W. Stone, Miriam A. Cherry, Seth Oranburg, Liya Palagashvili, Michael M. Oswalt, Marion Crain, Anne Marie Lofaso, Paul M. Secunda, David Rosenfeld, Lance Compa, Leticia M. Saucedo, Julius Getman, Matthew T. Bodie, Charles J. Morris, Brishen Rogers, Catherine L. Fisk, Matthew Dimick, Cesar F. Rosado Marzan, Ruben J. Garcia, Michael Z. Green, Jesus Fernandez-Villaverde, Victor Narro
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  • Publication planned for: December 2019
  • availability: Not yet published - available from December 2019
  • format: Hardback
  • isbn: 9781108428835

£ 190.00
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About the Authors
  • Over the last fifty years in the United States, unions have been in deep decline, while income and wealth inequality have grown. In this timely work, editors Rick Bales and Charlotte Garden - with a roster of thirty-five leading labor scholars - analyze these trends and show how they are linked. Designed to appeal to those being introduced to the field as well as experts seeking new insights, this book demonstrates how federal labor law is failing today's workers and disempowering unions; how union jobs pay better than nonunion jobs and help to increase the wages of even nonunion workers; and how, when union jobs vanish, the wage premium also vanishes. At the same time, the book offers a range of solutions, from the radical, such as a complete overhaul of federal labor law, to the incremental, including reforms that could be undertaken by federal agencies on their own.

    • Advances ambitious agenda for labor law reform that will appeal to anyone concerned with the decline of American unions or the increase in income inequality
    • Approaches the challenges of labor law reform from many perspectives and with an eye towards different policy levers, allowing the reader to judge which paths are most appropriate
    • Frames specific problems contributing to unions' declines and then proposes different types of reforms to address those problems
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    Product details

    • Publication planned for: December 2019
    • format: Hardback
    • isbn: 9781108428835
    • dimensions: 253 x 177 mm
    • contains: 2 b/w illus.
    • availability: Not yet published - available from December 2019
  • Table of Contents

    List of contributors
    Preface
    Acknowledgements
    Part I. Introduction:
    1. Union trends Richard Bales
    2. The consequences of union decline Jake Rosenfeld
    Part II. Labor Law is Out of Date:
    3. Yesterday's labor law and today's challenges Cynthia Estlund
    4. The National Labor Relations Board in the twenty-first century William B. Gould, IV
    5. Beyond the race to the bottom: reforming labor law preemption to allow state experimentation Charlotte Garden
    6. Union rights for all: towards sectoral bargaining in the United States Kate Andrias
    7. Public sector innovations: valuing voice Ann C. Hodges and Martin H. Malin
    8. Combatting union monopoly power: the contrast between pre- and post-new deal legal regimes Richard A. Epstein
    9. The case for repealing the firm exemption to antitrust (a modest proposal
    or, a response to Professor Epstein) Sanjukta Paul
    10. Make labor organizing a civil right Richard Kahlenberg and Moshe Marvit
    Part III. The 'Fissured' Workplace:
    11. Some problems with NLRA coverage: independent contractors and joint employers Joseph Slater
    12. Reinventing employers Jeffrey Hirsch
    13. The problem of 'misclassification' or how to define who is an 'employee' under protective legislation in the information age Kenneth G. Dau-Schmidt
    14. Rupture and invention: the changing nature of work and the implications for social policy Katherine V. W. Stone
    15. Contemplating new categories of workers: technology and the fissured workplace Miriam A. Cherry
    16. Balancing flexibility and rigidity: do unions make sense in the on-demand economy? Seth Oranburg and Liya Palagashvili
    Part IV. Barriers to Forming a Collective Bargaining Relationship:
    17. Tactical mismatch in union organizing drives Charlotte Garden
    18. The power of place Michael M. Oswalt
    19. Assembly and collective rights Marion Crain
    20. Leveraging secondary activity within and outside legal boundaries Anne Marie Lofaso
    21. Captive audience meetings: the right not to attend Paul M. Secunda
    Part V. Barriers to Bargaining a Good Contract:
    22. Obtaining a first contract after winning recognition David Rosenfeld
    23. Advancing global labor standards: potential and limits of international labor law for worker-rights advocacy in the United States Lance Compa
    24. Organizing for workplace rights when immigration law discourages it Leticia M. Saucedo
    25. The central role of the right to strike Julius Getman
    26. Organizational power for workers within the firm Matthew T. Bodie
    27. Returning members-only collective bargaining to the American workplace: how to restore labor's countervailing power Charles J. Morris: Part VI. Unions, Civil Society, and Culture:
    28. Can labor law reform encourage robust economic democracy? Brishen Rogers
    29. Union security for the twenty-first century Catherine L. Fisk
    30. Union membership and the Ghent system Matthew Dimick
    31. Principled hope: labor law reform from an alt-labor perspective Cesar F. Rosado Marzan
    32. Politically engaged unionism: the culinary workers union in Las Vegas Ruben J. Garcia
    33. Union commitment to racial diversity Michael Z. Green
    34. The economics of minimum wage regulations Jesus Fernandez-Villaverde
    35. The role of labor research and education in the labor movement of the twenty-first century: the UCLA Labor Center and the CLEAN Carwash Campaign Victor Narro
    Index.

  • Editors

    Richard Bales, Ohio Northern University
    Rick Bales is Professor of Law at the Claude W. Pettit College of Law, Ohio Northern University and Visiting Professor at University of Akron from 2018 to 2020. He has published more than eighty scholarly articles and authored or co-authored six books on arbitration, ADR in the workplace, employment law, and labor law.

    Charlotte Garden, Seattle University
    Charlotte Garden is Associate Professor at the School of Law, Seattle University, where she teaches labor, employment, and constitutional law. She has published numerous law review articles focusing on the legal status and rights of unions and workers, and she co-authors two leading labor and employment law casebooks.

    Contributors

    Richard Bales, Jake Rosenfeld, Cynthia Estlund, William B. Gould, IV, Charlotte Garden, Kate Andrias, Ann C. Hodges, Martin H. Malin, Richard A. Epstein, Sanjukta Paul, Richard Kahlenberg, Moshe Marvit, Joseph Slater, Jeffrey Hirsch, Kenneth G. Dau-Schmidt, Katherine V. W. Stone, Miriam A. Cherry, Seth Oranburg, Liya Palagashvili, Michael M. Oswalt, Marion Crain, Anne Marie Lofaso, Paul M. Secunda, David Rosenfeld, Lance Compa, Leticia M. Saucedo, Julius Getman, Matthew T. Bodie, Charles J. Morris, Brishen Rogers, Catherine L. Fisk, Matthew Dimick, Cesar F. Rosado Marzan, Ruben J. Garcia, Michael Z. Green, Jesus Fernandez-Villaverde, Victor Narro

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