Thursday, November 20, 2014
Why do most people today not have rights at work that come from the US Constitution? That’s the puzzle at the heart of a just-published legal history: Sophia Z. Lee, The Workplace Constitution from the New Deal to the New Right (New York: Cambridge University Press, 2014). Here’s the publisher’s description:
Today, most Americans lack constitutional rights on the job. Instead of enjoying free speech or privacy, they can be fired for almost any reason or no reason at all. This book uses history to explain why. It takes readers back to the 1930s and 1940s when advocates across the political spectrum – labor leaders, civil rights advocates, and conservatives opposed to government regulation – set out to enshrine constitutional rights in the workplace. The book tells their interlocking stories of fighting for constitutional protections for American workers, recovers their surprising successes, explains their ultimate failure, and helps readers assess this outcome.
From the book itself:
From the vantage point of the mid-twentieth century, the workplace Constitution’s future looked promising. In the 1930s and 1940s, two movements began trying to extend the Constitution to the workplace. They were opposed to each other politically but they shared this legal goal. One, the civil rights movement, would go on to capture the attention of the nation and dismantle Jim Crow. The other, the right-to-work movement, fought for open shops. Although its history is less well known, this second movement was supported by prominent politicians and opinion makers. Together, the two movements created a strange and contentious but politically powerful combination. Their successes and failures change the historical understanding of constitutional law, labor politics, civil rights struggles, and conservative movements.
The book’s website is here.
Hat tip: Legal History Blog
Tuesday, February 25, 2014
Congratulations to Laura Cooper (Minnesota), Dennis Nolan (South Carolina, Emeritus), Stephen Befort (Minnesota), and our own Rick Bales on publication of the third edition of their casebook (from the Labor Law Group), ADR in the Workplace. From West's announcement:
West Academic has just published the Third Edition of ADR in the Workplace, a casebook that covers substantive and procedural issues of arbitration and mediation in both the union and non-union workplace. On behalf of The Labor Law Group, authors Laura J. Cooper, Dennis R. Nolan, Richard A. Bales and Stephen F. Befort, have updated the 2005 Second Edition in many respects including recent court and arbitration decisions, new scholarly analysis, and current notes and questions. Changes include new empirical and statistical information, a significant number of new labor and employment arbitration cases illustrating contemporary developments, a look at the effects of the recent upheavals in state regulation of public sector collective bargaining, and an expanded section on federal sector arbitration. Among the book’s appendices is an extensive research guide on labor arbitration and alternative dispute resolution in employment. West Academic plans to publish in Summer 2014, for professors adopting ADR in the Workplace, a book of materials and teacher’s guidance for classroom simulations of arbitration and mediation in both union and non-union settings.
Friday, April 5, 2013
Matthew Finkin et al. have just published Multinational Human Resource Management And The Law: Common Workplace Problems in Different Legal Environments (Edward Elgar 2013). Here's the publisher's description:
Multinational firms have to navigate employment laws in an array of countries, while individual nations have to deal with multinational firms. The educational challenge for managers, lawyers, and policy makers is taken up in this textbook by legal experts from Australia, Brazil, Germany, Japan and the United States, with each expert addressing the twenty commonly confronted human resource problems in detail. The book includes primary sources, comments, and discussion questions, providing both legal insight and an appreciation for the role of cultural assumptions in law.
Tuesday, November 20, 2012
Congratulations to Paul and Jeff on their new book, Labor Law: A Problem Based Approach (LexisNexis 2012), complete with video promotional materials.
From the more traditional promotional materials:
Labor Law: A Problem Based Approach covers the essential introductory labor law topics on organizing, collective bargaining, and concerted activities. It also includes materials for advanced labor law classes on topics such as: individual rights in a labor union, union security clauses, and federal preemption. The problem-based approach of this exciting new Book provides practical experience to students in the day-to-day practice of labor law.
Labor Law: A Problem Based Approach emphasizes recent labor law developments and controversies including: NLRB election and posting rules, the Boeing controversy, and recent attempts at labor law legislative reform. And, it is also highly interactive with hyperlinks to blogs, law review articles, government web sites, and other digitized sources.
The authors of Labor Law: A Problem Based Approach bring more than twenty-years of combined experience in practice, teaching, and scholarship in labor law to the book. Professor Hirsch is former appellate attorney for the National Labor Relations Board, while Professor Secunda is former management-side labor law attorney at several major law firms.
Thursday, September 20, 2012
We are conducting a survey to determine whether there is a need for a casebook focused on the workplace rights and protections of low-wage workers. The survey consists of eight (8) questions should take five (5) minutes or less to complete. Thank you very much for your time!The survey link is here ------ http://www.surveymonkey.com/s/HB3YZRWPlease let us know if you have any other questions.Sincerely,Professor Ruben J. Garcia (firstname.lastname@example.org)
Thursday, March 29, 2012
Congratulations to Ron Brown (Hawai'i) on the publication of his book East Asian Labor and Employment Law: International and Comparative Context (Cambridge 2012). I've ordered my copy and am looking forward to reading it. Here's the publisher's description:
This book deals with international labor and employment law in the East Asia Region (EA), particularly dealing with China, South Korea, and Japan. It explores and explains the effects of globalization and discusses the role of international lawyers, business personnel, and human resource directors who are knowledgeable, culturally sensitive, and understand the issues that can arise when dealing in EA trade and investment. The text and readings (from area experts) are organized and written to provide the reader with, first, a broad understanding and insight into the global dimensions of the fast-emerging area of labor and employment issues (e.g., global legal standards and their interplay with domestic and foreign laws); and second, to show how these laws and approaches play out in specific EA countries (comparing global approaches with the specific laws of each country on four common agenda items: regulatory administration, workers' rights, trade unions, and dispute resolution). The book should be of interest not only to lawyers, students, human resource personnel, and government officials, but also to business investors, managers, and members of the public interested in the growing phenomenon of changing labor laws and societies in China, South Korea, and Japan.
Monday, May 2, 2011
Thanks to friend of the blog, David Yamada, for sending news of a new book that focuses on the rising use of unpaid interns: Intern Nation by Ross Perlin. From the book's description,
The first no-holds-barred exposé of the exploitative and divisive world of internships.
Every year, between 1 and 2 million Americans work as interns. They famously shuttle coffee in a thousand newsrooms, congressional offices, and Hollywood studios, but they also deliver aid in Afghanistan, build the human genome, and pick up garbage. They are increasingly of all ages, and their numbers are growing fast—from 17 percent of college graduates in 1992 to 50 percent in 2008. Almost half of all internships are illegal under the Fair Labor Standards Act, and this mass exploitation saves firms more than $600 million each year. Interns enjoy no workplace protections and no standing in courts of law—let alone benefits like healthcare.
Ross Perlin, an ex-intern himself, has written the first exposé of this world of drudgery and aspiration. In this witty, astonishing, and serious investigative work, Perlin takes the reader inside both boutique nonprofits and megacorporations such as Disney (which employs 8,000 interns at Disney World alone). He profiles fellow interns, talks to historians about what unleashed this phenomenon, and explains why governments in the US and Europe may finally be moving to rein in the internship boom.
Insightful and humorous, Intern Nation will transform the way we think about the culture of work.
David does a thorough review of the book on his blog, Minding the Workplace, outlining the book and offering a link to his article (cited in the book as the best single source of information for American internships and the law) The Employment Law Rights of Student Interns.
Monday, April 11, 2011
Congratulations to Joel Friedman (Tulane) on the publication of the eighth edition of his book Cases and Materials on the Law of Employment Discrimination. Here's the publisher's description:
This casebook covers all the major aspects of employment discrimination law, including updates on benchmark legislative, administrative, and judicial developments. In particular, this new edition fully integrates all relevant Supreme Court decisions from the 2009-2010 and 2010-2011 terms as well as all important lower court decisions during that same period. The Eighth Edition continues this casebook’s standing as the most teachable and comprehensive casebook in its field. It retains the organizational structure that has made the previous editions adaptable to 2-, 3- or 4-credit courses. As with the previous edition, it reflects a significant amount of editing to remove redundancies, clarify ambiguous textual material and provide a more manageable teaching tool.
Monday, March 28, 2011
Who says there's no such thing as a free lunch? Or at least a free digital supplement book. The authors of Employment Discrimination: A Context and Practice Casebook have released the following bit of good will:
In an effort to diminish the costs of law school for students, Susan Grover, Sandra Sperino, and Jarod Gonzalez are making available a free statutory supplement for Employment Discrimination courses. The statutory supplement contains relevant portions of Title VII, the ADEA, the ADEA, section 1981, section 1981(a), the Civil Rights Act of 1991, the Congressional Accountability Act, the Equal Pay Act and Fair Labor Standards Act (provisions related to employment discrimination), the FMLA, the Federal Arbitration Act, GINA, IRCA and the Portal-to-Portal Act.
The authors give permission for this supplement to be used with attribution for any educational purpose, as long as the materials are provided to students for free or for copying costs. Instructors may also edit the available document to meet their course needs. The statutory supplement is available in Word and pdf formats. The supplement is available at the following link.
Tuesday, December 14, 2010
West Virginia University Press has just published the book, Reversing Field: Examining Commercialization, Labor, Gender, and Race in 21st Century Sports Law. The book is based on a great conference that WVU law put on (andre cummings and Anne Lofaso were the major forces behind both the conference and the book) and includes a wide list of contributors such as Bill Gould (Stanford) and Dennis Walsh (FLRA, formerly NLRB), who talked about the baseball strike of 1994-1995. I participated in their session and their insights on this strike was fascinating. The other issues discussed in the book are wonderful as well, as the description indicates:
Reversing Field invites students, professionals, and enthusiasts of sport – whether law, management and marketing, or the game itself – to explore the legal issues and regulations surrounding collegiate and professional athletics in the United States. This theoretical and methodological interrogation of sports law openly addresses race, labor, gender, and the commercialization of sports, while offering solutions to the disruptions that threaten its very foundation during an era of increased media scrutiny and consumerism. In over thirty chapters, academics, practitioners, and critics vigorously confront and debate matters such as the Arms Race, gender bias, racism, the Rooney Rule, and steroid use, offering new thought and resolution to the vexing legal issues that confront sports in the 21st century.
Check it out!
Monday, September 13, 2010
Congratulations to our own Paul Secunda and Jeff Hirsch, whose new book, Mastering Employment Discrimination Law is now available for order. From the detailed table of contents, table of cases, and forward (all here), it looks like a great resource. From Carolina Academic Press,
Mastering Employment Discrimination Law seeks to strike a balance between comprehensiveness and selectivity. It provides both the procedural and substantive material needed to succeed in practice, in the classroom, and on final examinations, without overwhelming the reader with details that are unduly esoteric or tangential.
The book begins first with coverage and jurisdiction issues surrounding employment discrimination law. It then turns to federal and state procedural topics surrounding the filing of administrative charges of discrimination and civil lawsuits. Finally, the book addresses comprehensively the substantive aspects of Title VII, ADEA, ADA (including the new ADAAA), Equal Pay Act, and the Civil Rights Acts, covering topics such as disparate treatment discrimination (including single- and mixed-motive claims, as well as the BFOQ defense), disparate impact discrimination, and related issues, such as remedies, attorney fees, and settlements.
If you are teaching Employment Discrimination and would like an examination copy, here is the link to request one. Great work, guys!
Monday, July 26, 2010
Colleen Medill (Nebraska) writes to let us know that the 2010 supplement to her excellent casebook, Introduction to Employee Benefits Law: Policy and Practice (2d ed.) will be updated to include recent legislation.
I've received a number of individual inquiries concerning whether the Fall 2010 Supplement to my casebook will be updated for national health care reform legislation that was enacted in March. The answer is YES.
I am finalizing the Supplemental Materials and expect to have them posted on the casebook web site at http://www.medill-employee-benefits.com/login.asp by Wednesday, August 4th (if not earlier).
There is sometimes a delay between the posting of the materials and an e-mail announcement by West, so I wanted to make everyone aware of where they could find the Fall 2010 materials.
The Third Edition of the casebook will be published this fall and available for Spring 2011 adoptions. The Third Edition has been totally revised for national health care reform and other developments since the Second Edition was published in 2007.
Wow. That's a lot of work in a short period of time, and invaluable.
Thursday, July 22, 2010
Paul yesterday [two days ago? The time difference is messing with my head!] posted on Cindy Estlund's Return to Governance chapter in the Oxford Handbook of Governance. Paul noted that chapter is part and parcel of a larger project Cindy has been working on, which includes her new book, Regoverning the Workplace: From Self-Regulation to Co-Regulation.
Paul has just posted on SSRN his review (forthcoming ILR Rev.) of Cincy's book: The Perils of Procedurally Regulating Self-Regulation (Reviewing Cynthia Estlund, Regoverning the Workplace: From Self-Regulation to Co-Regulation. Here's the abstract of Paul's book review:
In Regoverning the Workplace, Cindy Estlund embraces “regulated self-regulation” in the workplace or “co-regulation.” This is a distinctly proceduralist spin on New Governance theory. By proceduralist, I mean an approach that emphasizes the existence of procedural devices to mitigate employer unfairness in the workplace. Specifically, Estlund argues for a system of workplace governance in which corporate self-governance is tempered through use of two procedural mechanisms: (1) inside, non-union employee representation and (2) independent outside monitors. Through these devices, Estlund hopes to foster employer-employee collaborations outside of traditional unions and bring a substantial employee voice back into the workplace.
History, however, has shown repeatedly that limitless employer power, constrained only by market forces and reputational costs, leads to the worst forms of employer opportunistic behaviors and employee abuse. Although Estlund seeks to apply institutional checks against disingenuous attempts at corporate compliance by employers, I remain unconvinced that employees can either participate meaningfully in employer self-regulation through some form of non-union collective representation or through utilizing independent, outside monitors. Even in these days of limited union density in the private sector, independent unions still remain the best and only effective counterweight against absolute employer domination of the workplace. To hope that employers will see the business, legal, or moral case for co-regulation, and voluntarily reform their sharp practices toward employees, is to believe that employers will start acting ahistorically.
On the issue of whether reputation costs suffice to deter employer misconduct, see Sam Estreicher's recent essay Employer Reputation at Work.
Tuesday, July 6, 2010
Susan Bisom-Rapp (Thomas Jefferson) writes to tell us that she and her co-authors are working on a new edition of The Global Workplace: International and Comparative Employment Law: Cases and Materials. The first edition, published in January 2007 by Cambridge University Press, was the first law school casebook on the subject. The team of authors from the first edition remains intact. In addition to Susan, it includes Roger Blanpain (Universities of Leuven (Belgium) and Tilburg (the Netherlands), Bill Corbett (Louisiana State), Hilary Josephs (Syracuse) and Mike Zimmer (Loyola-Chicago). The team, however, is changing publishers and the second edition will be produced by Aspen Publishers/Kluwer Law International (Aspen/KLI) with a publication target of early 2012.
The second edition, like the first, will use the forces of globalization as its backdrop, and develop labor and employment law in the context of the national laws of nine countries important to the global economy -- US, Canada, Mexico, UK, Germany, France, China, Japan, and India. These national materials will be contextualized by coverage of international labor standards promulgated by the International Labour Organization, as well as principles that emerge from regional trade agreements, such as the North American Free Trade Agreement and the European Union. A final chapter will cover corporate self-regulation through TNCs' global codes of conduct and the pursuit of international labor standards in US courts.
Since the first edition came out, however, there have been significant global developments that affect the global workplace. There have also been important legal changes that will be reflected in the new text. In addition to coverage of the latest trends and legal developments, the co-authors will add more cultural background materials to increase the comfort level for newcomers to international, but especially, comparative employment law. The co-authors plan to provide many more concrete classroom exercises that will aid professors and students to encourage the development of their interest in the subject.
Susan notes the first edition was designed as an "out of the box" offering for labor and employment law professors. To that end, the first edition is supported by a dedicated website that provides background information, PowerPoint slides that can be customized by adopters, advice and publications on the pedagogy of international and comparative workplace law, and a 212 page instructor's manual, the only instructor's manual in the field. This approach will be continued and refined in the second edition. Feedback from adopters and others is most welcome.
Thursday, March 25, 2010
Defense firm Seyfarth Shaw has published the 2010 edition of Cal-Peculiarities: How California Employment Law is Different, which is available by request from the firm. Here's an excerpt from a promotional summary:
A critical reference for any employer doing business in the Golden State, Peculiarities examines the ever-growing thicket of employment laws and regulations that make California “the most burdensome state” to operate a business, as noted by author David Kadue [photo left], an employment attorney in Seyfarth Shaw’s Los Angeles office.
At over 200 pages, the book covers dozens of areas of employment law issues – from discrimination and harassment claims to privacy protection, family leave policies, third-party injury, independent contractor status, non-competes and of course, wage-and-hour disputes.
Also addressed are more exotic topics in California workplace law, such as lactation accommodation and time off allowed for addicts and certain volunteer workers; HIV and drug testing; and excessive cell phone and BlackBerry usage. Peculiarities looks at recent court developments, such as the limiting of the protection offered by the state’s Good Samaritan law, as well as employee compensation as a class for time spent undergoing security checks. And, this being California, there is also a chapter devoted to agricultural workers.
Wednesday, October 14, 2009
Congratulations to our own Rick Bales and to Katherine van Wezel Stone (UCLA) whose second edition of Arbitration Law comes out at the beginning of November. From Foundation Press' page,
This casebook presents a comprehensive treatment of the legal issues involved in arbitration. The first four chapters address issues that arise in private arbitration, that is, arbitration that is the product of an agreement between two contracting parties. The last chapter addresses issues that arise in court-ordered arbitration. Together they will give the student a thorough and up-to-date understanding of arbitration law and provide a foundation for legal practice, whether in alternative dispute resolution or in the civil justice system. Extensive notes following each case provide supplementary materials and introduce topics for discussion.
It's a great book, so get it while it's hot!
Tuesday, August 11, 2009
Thursday, June 4, 2009
Maybe this is a sign that we should maintain a regular book feature: the Wall Street Journal today has an article on two books looking at the type of work that people perform and its impact on their lives. The first, "The Pleasures and Sorrows of Work, by Alain de Botton, sounds like an homage to Albert Camus. The author explores "mundane" jobs and is surprised to find workers who take pride in what they do. According to the WSJ:
Maybe this is one author who needs to find a different career path. As a start, he could look to the second book, "Shopcraft as Soulcraft," by Matthew Crawford, a PhD political philosopher and former think tank head who shifted gears (pun intended) by opening a motorcycle repair shop. Crawford extols the satisfaction of skilled manual work--which he says provides objective quality, clear utility, and reinforces community bonds--in comparison to the increasingly rote work of many white-collar jobs (although, his emphasis on the great treatment he gets in restaurants manned by cooks whose bikes he restored could also be shared by a good lawyer). Moreover,
Hat Tip: Paul Secunda