基本説明
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. The chapters assess such themes as 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.
Full 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, USThis 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.
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
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
