Regoverning the Workplace

Regoverning the Workplace
Title Regoverning the Workplace PDF eBook
Author Cynthia Estlund
Publisher Yale University Press
Pages 320
Release 2010-01-01
Genre Law
ISBN 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
Title The Supreme Court on Unions PDF eBook
Author Julius G. Getman
Publisher Cornell University Press
Pages 240
Release 2016-05-19
Genre Law
ISBN 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
Title Automation Anxiety PDF eBook
Author Cynthia Estlund
Publisher Oxford University Press
Pages 249
Release 2021
Genre Law
ISBN 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
Title Directions in Sexual Harassment Law PDF eBook
Author Catharine A. MacKinnon
Publisher Yale University Press
Pages 746
Release 2008-10-01
Genre Law
ISBN 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

Daunting Enterprise of the Law

Daunting Enterprise of the Law
Title Daunting Enterprise of the Law PDF eBook
Author Simon Archer
Publisher McGill-Queen's Press - MQUP
Pages 401
Release 2017-02-24
Genre Law
ISBN 0773548920

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Professor emeritus at Osgoode Hall Law School and former president of Toronto’s York University, Harry W. Arthurs is one of the world’s most widely respected scholars, educators, and policy makers. His enormous academic and institutional productivity has extended to administrative and labour law, legal pluralism and legal theory, and legal education. Bringing together scholars of law, history, and political economy, The Daunting Enterprise of the Law applies the framework of Arthurs’s extraordinary scholarship to a series of themes running through current legal, economic, and political thought. Contributors from around the globe engage with Arthurs’s work in several fields and sub-fields and consider the past and future of industrial democracy, globalization, labour law, legal education, and legal theory in the twenty-first century. Through the process of surveying, evaluating, and reflecting upon Arthurs’s ideas and intellectual contributions, they further advance the reader’s understanding of labour law and industrial relations. Remarkable in breadth and scope, The Daunting Enterprise of Law is both a celebration of Arthurs’s institutional achievements and policy leadership and an important contribution to contemporary scholarship.

Comparative Employment Relations in the Global Economy

Comparative Employment Relations in the Global Economy
Title Comparative Employment Relations in the Global Economy PDF eBook
Author Carola Frege
Publisher Routledge
Pages 618
Release 2013-07-24
Genre Business & Economics
ISBN 1135020930

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"Employment Relations" is widely taught in business schools around the world. Increasingly however more emphasis is being placed on the comparative and international dimensions of the relations between employers and workers. It is becoming ever more important to comprehend today’s work and employment issues alongside a knowledge of the dynamics between global financial and product markets, global production chains, national and international employment actors and institutions and the ways in which these relationships play out in different national contexts. This textbook is the first to present a cross-section of country studies, including all four BRIC countries, Brazil, Russia, India and China alongside integrative thematic chapters covering all the important topics needed to excel in this field. The textbook also benefits from the editors' and contributors' experience as leading scholars in Employment Relations. The book is an ideal resource for students on advanced undergraduate and postgraduate comparative programmes across areas such as Employment Relations, Human Resource Management, Political Economy, Labour Politics, Industrial and Economic Sociology, Regulation and Social Policy.

Automation Anxiety

Automation Anxiety
Title Automation Anxiety PDF eBook
Author Cynthia Estlund
Publisher Oxford University Press
Pages 249
Release 2021-07-16
Genre Law
ISBN 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.