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Research Handbook On The Economics Of Labor And Employment Law

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Research Handbook On The Economics Of Labor And Employment Law

Cynthia L. Estlund , Michael L. Wachter

Edited by Cynthia L. Estlund, New York University School of Law, US and Michael L. Wachter, University of Pennsylvania Law School, US

Elgar original reference
2013 520 pp Hardback 978 1 84980 101 0
August 2014 Paperback 978 1 78195 263 4
ebook isbn 978 1 78100 611 5

Hardback $245.00 on-line price $220.50

Paperback c$65.00 on-line price c$52.00

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Series: Research Handbooks in Law and Economics series



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Description
‘Estlund and Wachter have assembled a feast on the economic analysis of issues in labor and employment law for scholars and policy-makers. The volume begins with foundational discussions of the economic analysis of the individual employment relationship and collective bargaining. It then progresses to discussions of the theoretical and empirical work on a wide range of important labor and employment law topics including: union organizing and employee choice, the impact of unions on firm and economic performance, the impact of unions on the enforcement of legal rights, just cause for dismissal, covenants not to compete and employment discrimination. Anyone who wants to study what economists have to say on these topics would do well to begin with this collection.’
– Kenneth G. Dau-Schmidt, Indiana University Bloomington School of Law, US

Contents
Contributors: R. Arnow-Richman, S. Deakin, Z.J. Eigen, R.A. Epstein, C.L. Estlund, S. Estreicher, B.T. Hirsch, A. Hyde, S. Issacharoff, C. Jolls, B.E. Kaufman, M.M. Kleiner, B.I. Sachs, E. Scharff, S.J. Schwab, M.L. Wachter, D. Weil

Further information

‘. . . if you are involved in any way with matters pertaining to trades union and/or employment legislation, you’ll find this book an enlightening read. . . The book certainly offers interesting perspectives on employee–employer relationships, often a fraught and politically divisive subject, which is why you should read it. The extensive footnoting, reams of references and the detailed index provide any number of avenues for further research.’
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine

‘Estlund and Wachter have assembled a feast on the economic analysis of issues in labor and employment law for scholars and policy-makers. The volume begins with foundational discussions of the economic analysis of the individual employment relationship and collective bargaining. It then progresses to discussions of the theoretical and empirical work on a wide range of important labor and employment law topics including: union organizing and employee choice, the impact of unions on firm and economic performance, the impact of unions on the enforcement of legal rights, just cause for dismissal, covenants not to compete and employment discrimination. Anyone who wants to study what economists have to say on these topics would do well to begin with this collection.’
– Kenneth G. Dau-Schmidt, Indiana University Bloomington School of Law, US

This Research Handbook assembles the original work of leading legal and economic scholars, working in a variety of traditions and methodologies, on the economic analysis of labor and employment law.

In addition to surveying the current state of the art on the economics of labor markets and employment relations, the volume’s 16 chapters assess aspects of traditional labor law and union organizing, the law governing the employment contract and termination of employment, employment discrimination and other employer mandates, restrictions on employee mobility, and the forum and remedies for labor and employment claims.

Comprising a variety of approaches, the Research Handbook on the Economics of Labor and Employment Law will appeal to legal scholars in labor and employment law, industrial relations scholars and labor economists.

Full table of contents

Contents:

PART I: FOUNDATIONS
1. Introduction: The Economics of Labor and Employment Law
Cynthia L. Estlund and Michael L. Wachter

2. Neoclassical Labor Economics: Its Implications for Labor and Employment Law
Michael L. Wachter

3. Economic Analysis of Labor Markets and Labor Law: An Institutional/Industrial Relations Perspective
Bruce E. Kaufman

PART II: UNIONS AND COLLECTIVE BARGAINING
4. Unions, Dynamism, and Economic Performance
Barry T. Hirsch

5. Union Organizing and the Architecture of Employee Choice
Benjamin I. Sachs

6. The Deserved Demise of EFCA (and Why the NLRA Should Share its Fate)
Richard A. Epstein

7. Evaluating the Effectiveness of National Labor Relations Act Remedies: Analysis and Comparison with Other Workplace Penalty Policies
Morris M. Kleiner and David Weil

8. The Union as Broker of Employment Rights
Stewart J. Schwab

PART III: EMPLOYEE RIGHTS AND EMPLOYER MANDATES
9. Bias and the Law of the Workplace
Christine Jolls

10. From Just Cause to Just Notice in Reforming Employment Termination Law
Rachel Arnow-Richman

11. The Law and Economics of Employment Protection Legislation
Simon Deakin

12. Intellectual Property Justifications for Restricting Employee Mobility: A Critical Appraisal in Light of the Economic Evidence
Alan Hyde

13. Antidiscrimination in Employment: The Simple, the Complex, and the Paradoxical
Samuel Issacharoff and Erin Scharff

14. The Forum for Adjudication of Employment Disputes
Samuel Estreicher and Zev J. Eigen

PART IV: CONCLUDING PERSPECTIVES
15. The Striking Success of the National Labor Relations Act
Michael L. Wachter

16. Why Workers Still Need a Collective Voice in the Era of Norms and Mandates
Cynthia L. Estlund

Index



 
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