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Research Handbook On The Economics Of Labor And Employment Law

Research Handbook On The Economics Of Labor And Employment Law

Author: Cynthia L. Estlund; Michael L. Wachter
Publisher: Edward Elgar Publishing
ISBN: 9781849801010
Published In: December 2012
Format: Hardback , 528 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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‘Wachter and Estlund 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.

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

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

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

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

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

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

7. Costs of Noncompliance and the NLRA: An Analysis and Comparison with Other Public Policy Remedies
Morris Kleiner and David Weil

8. Unions as Brokers of Employment Rights
Stewart 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 Eigen

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

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

Index