Friday, May 5, 2017
William Baumol (econ.; NYU, Berkeley, Princeton) died yesterday. He informed the way many of us think about higher-ed financing and professional labor. I am re-posting here an excerpt from Dean Dad's tribute this morning:
Longtime readers know that I consider [Baumol's] signature contribution to economic thought -- Baumol’s Cost Disease -- one of the foundational truths of higher education. (The same could be said for health care and live entertainment.) He waited until late in life to commit the idea to book form; his book The Cost Disease should be required reading for anybody who presumes to comment or work on the economics of higher education....
His idea is generally downplayed or ignored in discussions of higher ed financing. That’s everyone’s loss. He never really solved the issue, but he gave us a map to understand it. That’s a genuine contribution. Well done, sir.
Baumol’s insight helps us understand, too, the broad-based assault on the professions. Why are “disruptors” so intent on undermining the educated professional middle class? Because until now, people in those jobs were able to demand significant salaries due to scarcity. If you’re the first to break that scarcity, whether through automation, disaggregation, or some other variation, you can hoover up those gains for yourself. Which is exactly what’s happening.
When you break the link between labor and production, it becomes much easier to hoard value in a few hands. We’re only beginning to grasp the implications of that.
Tuesday, October 25, 2016
Congratulations to Susan Bisom-Rapp (Thomas Jefferson) and Malcolm Sargeant (Middlesex U. London) on the publication of their book Lifetime Disadvantage, Discrimination and the Gendered Workforce.Here's the publisher's (Cambridge U. Press) description:
- Lifetime Disadvantage, Discrimination and the Gendered Workforce fills a gap in the literature on discrimination and disadvantage suffered by women at work by focusing on the inadequacies of the current law and the need for a new holistic approach. Each stage of the working life cycle for women is examined with a critical consideration of how the law attempts to address the problems that inhibit women's labour force participation. By using their model of lifetime disadvantage, the authors show how the law adopts an incremental and disjointed approach to resolving the challenges, and argue that a more holistic orientation towards eliminating women's discrimination and disadvantage is required before true gender equality can be achieved. Using the concept of resilience from vulnerability theory, the authors advocate a reconfigured workplace that acknowledges yet transcends gender.
- Proposes a new model of lifetime discrimination suffered by women at work, leading to an holistic solution rather than the current incremental approach.
- Examining how the law approaches each stage of women's working life cycle allows readers to identify the disjointed incremental approach and see its disadvantages.
- Provides a new framework for discussing the issue of disadvantage that women suffer in employment.
Wednesday, September 21, 2016
Congratulations to our friend Susan Bisom-Rapp (Thomas Jefferson) whose book (with Malcolm Sargeant, Middlesex Univ., London), Lifetime Disadvantage, Discrimination and the Gendered Work Force is available to pre-order from Cambridge University Press. It will be out September 30. From the press release:
In many countries, including the United States, women are significantly more likely to fall into poverty in retirement than are men. Understanding why this is so and what can be done about it is the aim of this new book.
"Susan Bisom-Rapp's scholarship tackles some of the most pressing real world challenges facing the modern workplace," said Thomas Jefferson School of Law Dean and President Thomas F. Guernsey. "I am delighted about the publication of her latest book."
Beginning in girlhood and ending in advanced age, "Lifetime Disadvantage, Discrimination and the Gendered Workforce" examines each stage of the lifecycle and considers how law attempts to address the problems that inhibit women's labor force participation. Using their model of lifetime disadvantage, Professor Bisom-Rapp and her British co-author Malcolm Sargeant show how the law adopts a piecemeal and disjointed approach to resolving challenges with adverse effects that cumulate over time.
"The problem unfolds over the working lives of women," said Bisom-Rapp. "Women's experiences with education, stereotyping, characteristics other than gender like race and age, caregiving, glass ceilings, occupational segregation, pay inequality, part-time work, and career breaks over a lifetime make it difficult to amass the resources necessary for a dignified retirement."
In order to achieve true gender equality, Bisom-Rapp and her co-author recommend a more holistic approach. Employing the concept of resiliency from vulnerability theory, the authors advocate changes to workplace law and policy, which acknowledge yet transcend gender, improving conditions for women as well as men.
"One must know the end goal – decent work and dignified retirement – and monitor progress towards it in order effectively address the problem," noted Bisom-Rapp.
The book is the culmination of nearly a decade of collaboration between Professor Bisom-Rapp and Professor Sargeant, who teaches at Middlesex University Business School in London. Beginning with a project that examined the plight of older workers during the global economic crisis, they have been struck by differences in workplace law and protections in their respective countries; the United Kingdom is far more protective.
Equally noticeable, however, are similarities in outcomes, including women's economic disadvantages in retirement. By examining why more protective law in one country coexists with comparable outcomes to the other country, the book reveals lessons for understanding a problem that is global in nature. At a time in which an aging population makes a retirement crisis a distinct possibility, and employment has become increasingly insecure, they recommend a regulatory approach that would enhance work life and retirement for all.
Susan and Malcolm have published a few articles related to these topics in the last few years in the Employee Rights Employment Policy Journal, the Elder Law Journal, and the Loyola University Chicago Law Journal. I can't wait to read more of their work.
September 21, 2016 in Books, Employment Common Law, Employment Discrimination, International & Comparative L.E.L., Labor Law, Pension and Benefits, Scholarship, Wage & Hour, Worklife Issues | Permalink | Comments (0)
Tuesday, July 19, 2016
Congratulations to Miriam Cherry (Saint Louis), Marion Crain (Washington University) and Winifred Poster (Washington University, Sociology) whose book Invisible Labor has just hit the shelves. The book is a collection of chapters by authors from, primarily, sociology and law, exploring types of labor that are unpaid and unseen. From the synopsis:
Across the world, workers labor without pay for the benefit of profitable businesses—and it's legal. Labor trends like outsourcing and technology hide some workers, and branding and employer mandates erase others. Invisible workers who remain under-protected by wage laws include retail workers who function as walking billboards and take payment in clothing discounts or prestige; waitstaff at “breastaurants” who conform their bodies to a business model; and inventory stockers at grocery stores who go hungry to complete their shifts. Invisible Labor gathers essays by prominent sociologists and legal scholars to illuminate how and why such labor has been hidden from view.
The collection brings together what previously seemed like disparate issues to show common threads among the ways labor can be invisible, and the breadth of contributions is impressive. I had the chance to attend a symposium set up by the editors to flesh out these ideas a couple of years ago and found the topics fascinating then. I can't wait to read the book!
July 19, 2016 in Books, Disability, Employment Common Law, Employment Discrimination, International & Comparative L.E.L., Scholarship, Wage & Hour, Worklife Issues, Workplace Trends | Permalink | Comments (1)
Monday, December 7, 2015
Carolina Academic Press has published a new set of materials that can be used to teach an “experiential” course in the practice of Labor Arbitration. Professor Roger I. Abrams, an academic and a labor arbitrator for over forty years, has used these materials in his Labor Arbitration Workshop at Northeastern University School of Law. The course materials include numerous published arbitration decisions with questions and notes, simulations, transcripts, sample briefs and problems that focus on the work of advocates who present cases before labor arbitrators. The publisher has created a website and a Teacher’s Manual to accompany the materials.
During the course, in addition to learning about regulation of the workplace through collective bargaining, students learn how to make opening statements in labor arbitration, conduct direct and cross-examination, and write arbitration briefs. At the end of the course, they try a complete arbitration case based on a simulation with witnesses and documents, and then they write a brief in support of their side of the case.
As you may know, under the newly revised ABA Standards, law students will be required to complete six credit hours using this type of “experiential” approach. The materials also are suitable for a course in a business school or in an undergraduate program.
Monday, October 5, 2015
Congratulations to our own Joe Seiner on the publication of his casebook, Employment Discrimination: Procedure, Principles, and Practice. I have had a chance to look through it quickly and, as the title might suggest, it brings together two of Joe's areas of expertise: procedure and employment discrimination law. In addition to the usual cases, notes, and questions, the text also contains interactive problems, notes about newsworthy issues, and exercises. From the news release:
This text offers a fresh perspective on employment discrimination law, presenting a procedural-based approach to the topic with interactive materials throughout the book. While still providing the traditional employment discrimination casebook coverage, this text emphasizes the importance of procedural issues in workplace cases. It includes a unique “best practices” chapter which discusses the most effective ways to address workplace discrimination, from both a theoretical and legal perspective. Numerous exercises and problems foster classroom discussion. Practice tips situate students in the role of a practicing lawyer.
Cases are modern and cutting-edge, demonstrating the importance of employment discrimination law. Each chapter includes a chapter-in-review, and summary charts and graphs are used throughout the text to further student comprehension. Text boxes within cases, historical notes, and news events are all used to help bring the material to life in an innovative new way. Instructors will have access to sample exam problems and answers, proposed syllabi, Teacher’s Manual with problem answers, and PowerPoint slides.
A great resource that's worth checking out, for sure.
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.