Values and Assumptions in American Labor Law


Book Description

Study of judicial decisions taken under labour law in the USA in the context of their underlying value system - comments on the implementation of such labour legislation as the National Labour Relations Act and the Wagner Act of 1935; covers the right to strike, labour disputes, management control, conditions of employment, labour contracts, collective bargaining and management attitudes. References.







Law and the Shaping of the American Labor Movement


Book Description

Why did American workers, unlike their European counterparts, fail to forge a class-based movement to pursue broad social reform? Was it simply that they lacked class consciousness and were more interested in personal mobility? In a richly detailed survey of labor law and labor history, William Forbath challenges this notion of American “individualism.” In fact, he argues, the nineteenth-century American labor movement was much like Europe’s labor movements in its social and political outlook, but in the decades around the turn of the century, the prevailing attitude of American trade unionists changed. Forbath shows that, over time, struggles with the courts and the legal order were crucial to reshaping labor’s outlook, driving the labor movement to temper its radical goals.




Principled Labor Law


Book Description

The gig economy, precarious work, and nonstandard employment have forced labor law scholars to rethink their discipline. Classical remedies for unequal power, capabilities approaches, "third way" market regulation, and laissez-faire all now vie for attention - at least in English. Despite a deep history of labor activism, Latin American scholarship has had scant presence in these debates. This book introduces to an English-language audience another approach: principled labor law, based on Latin American perspectives, using a jurisprudential method focused on worker protection. The authors apply this methodology to the least likely case of labor-protective jurisprudence in the industrialized world: the United States. In doing so, Gamonal and Rosado focus on the Thirteenth Amendment as a labor-protective constitutional provision, the National Labor Relations Act, and the Fair Labor Standards Act. This book shows how principled labor law can provide a clear and simple method for consistent, labor-protective jurisprudence in the United States and beyond.




The Future of Labour Law


Book Description

This book, by an internationally distinguished group of scholars, examines the future of labour law from a wide variety of perspectives.




Critical Legal Studies


Book Description

Contemporary legal thought has been powerfully influenced by Critical Legal Studies, a school of legal scholars whose work has sustained a continuing radical critique of established legal doctrines. In this essential reference work, Richard Bauman presents the most thorough, up-to-date guide available for this essential literature. In addition to providing the basic bibliographic information, Bauman offers a set of effective introductions to contextualize and explain the work being surveyed. He has created a fundamental handbook not only for the law but also for politics and radical thought.




The Economics of Labor Law


Book Description

In terms familiar to economists, this book provides a positive theory of labor law and dissects the fundamental theoretical issues that shape labor law doctrine. It investigates the deep economic tensions influencing judicial opinions in labor law, and how these can predict the outcomes of relevant legal doctrine and determine whether it accomplishes its regulatory goals.




A Purposive Approach to Labour Law


Book Description

This volume explores the societal goals behind labour laws - through an analysis of normative justifications and critiques - and examines what actions are needed to better advance these goals, by way of purposive interpretation and legal reform.




Arthur J. Goldberg


Book Description

This book is the first biography ever written of Arthur J. Goldberg, the former labor lawyer, Secretary of Labor under Kennedy, and Supreme Court justice (which post he resigned at the request of Lyndon Johnson to become U.S. Ambassador to the United Nations), who played a leading role in American political life from World War II until the end of the 1960s. Goldberg, who never wrote memoirs himself, shared his thoughts about his life and work with Stebenne in a series of conversations, which took place occasionally from the fall of 1981 through to Goldberg's death in 1990. He also allowed Stebenne access to his papers, including those held under seal in presidential libraries and at the Library of Congress. Based upon these unique sources and written to be accessible to a wide audience, Arthur J. Goldberg is both the story of a leading American liberal and a history of modern American liberalism.




A Shameful Business


Book Description

In a book that confronts the moral choices that U.S. corporations make every day in the treatment of their workers, James A. Gross issues a clarion call for the transformation of the American workplace based on genuine respect for human rights, rather than whatever the economic and regulatory landscape might allow. Gross questions the nation's underlying fabric of values as reflected in its laws and our assumptions about workers and the workplace.Arguing that our market philosophy is incompatible with core principles of human rights, he forces readers to realign the country's labor policies so that they conform with the highest international human rights standards. To make his case, Gross assesses various aspects of U.S. labor relations—freedom of association, racial discrimination, management rights, workplace safety, and human resources—through the lens of internationally accepted human rights principles as standards of judgment.His findings are chilling. "Employers who maintain workplaces that require men and women and sometimes even children to risk their lives and endanger their health and eyes and limbs in order to earn a living are treating human life as cheap and are seeking their own gain through the desecration of human life," Gross argues, and such behavior should be considered as crimes against humanity rather than matters of efficiency, productivity, or morale.By revealing how truly unacceptable management's "best practices" can be when considered as human rights issues, A Shameful Business encourages a bold new vision for workers, whether organized or not, that would signify a radical rethinking of social values and the concept of workplace rights and justice in the courtroom, the boardroom, and on the shop floor.