Thursday, December 5, 2019
Hot off the presses is The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century, edited by Richard Bales and Charlotte Garden.
The publisher summarizes:
Over the last fifty years in the United States, unions have been in deep decline, while income and wealth inequality have grown. In this timely work, editors Richard Bales and Charlotte Garden - with a roster of thirty-five leading labor scholars - analyze these trends and show how they are linked. Designed to appeal to those being introduced to the field as well as experts seeking new insights, this book offers a politically diverse range of solutions, from the radical, such as a complete overhaul of federal labor law, to the incremental, including reforms that could be undertaken by federal agencies on their own.
I'll be pressing our library to get a copy of what couldn't be a timelier contribution.
Wednesday, November 6, 2019
Congratulations to Tequila Brooks and Lance Compa (emeritus, Cornell ILR) on the publication of the second edition of NAFTA and NAALC: Twenty-Five Years of North American Trade - Labour Linkage (Wolters Kluwer 2019)! The book is an excellent resource on the various petitions that have been filed, and includes comparisons of labor provisions of various recent US, Canadian and Mexican FTAs - as well as a comparison of NAALC with USMCA's labor chapter. Here's the publisher's description:
The 25th anniversary edition of the NAFTA and NAALC monograph in the International Encyclopaedia of Laws, Labour Law and Industrial Relations is a comprehensive and up-to-date 270-page resource that contains essential background on the structure and operation of labour provisions in North American free trade agreements, including NAFTA, USMCA, CAFTA-DR, TPP, CPTPP, TTIP, CETA, EU-Mexico, and Canadian and US bilateral free trade agreements with partners in Latin America and around the world. It also contains a complete digest of all of the citizen petitions filed under the NAFTA labour side agreement since 1994. The monograph includes early petitions filed about trade union rights at the Honeywell and Echlin plants in Mexico, the McDonald's case in Canada, and the Washington Apple and DeCoster Egg cases in the United States – not to mention recent petitions filed about migrant worker rights under the H-2A and H-2B visa programs in the US.
In addition to being the most complete compilation of NAALC cases in existence today, NAFTA and the NAALC Twenty-Five Years of North American Trade-Labour Linkage outlines the internal mechanics leading to the filing of a 2000 NAALC petition with the Government of Mexico about unequal treatment of migrant workers in the US, and describes changes in the treatment of petitions by US, Mexican and Canadian authorities over the last 25 years. It also contains a chapter that compares the NAALC to the OECD Guidelines for Multi-National Enterprises and highlights recent North American cases filed under the OECD Guidelines including the relatively lesser known 2004 Yucatan Markey Tex-Coco Tex petition, which was dual filed under both mechanisms, and dual petitions filed under NAALC and the OECD Guidelines about working conditions at Chedraui grocery stores in Southern California and Northern Mexico.
Sunday, June 16, 2019
Ron McCallum has been blind from birth. When he was a child, many blind people spent their lives making baskets in sheltered workshops, but Ron's mother had other ideas for her son. She insisted on treating him as normally as possible.
In this endearing memoir, Ron recounts his social awkwardness and physical mishaps, and shares his early fears that he might never manage to have a proper career, find love or become a parent. He has achieved all this and more, becoming a professor of law at a prestigious university, and chairing a committee at the United Nations.
Ron's glass is always half full. He has taken advantage of every new assistive technology and is in awe of what is now available to allow him and other blind people to realise their potential. His is a life richly lived, by a man who remains open to all people from all walks of life.
And here's a brief description of Ron from his U. Sydney bio:
Ronald C McCallum AO was the foundation Blake Dawson Waldron Professor in Industrial Law in the University of Sydney Law School. He took up this position in January 1993 and retired from this position on 30 September 2007. This Blake Dawson Waldron professorship was the first full professorship in industrial law at any Australian university. Ron is the first totally blind person to have been appointed to a full professorship in any field at any university in Australia or New Zealand. Ron McCallum was employed on a fixed-term contract as a Professor of Labour Law in Sydney Law School from 1 February 2008 until 31 December 2010. In January 2011, he was appointed to an Emeritus Professorship in Sydney Law School.
Neither of these descriptions do Ron justice, even halfway. His faculty bio somehow omits the fact that he was a longstanding and very successful dean at Sydney, and I think it's fair to say that he was the first "modern" dean of the law school in the sense that he elevated the position from that of a mostly internal administrator to an external representative of the Law School to the external world at a global level. More than that, Ron was extremely generous with his time mentoring generations of young labor academics, and one of the nicest, down-to-earth academic leaders I have ever had the privilege of meeting. Apropos of this, here's a tribute from Paul Harpur (Queensland), one of Ron's biggest fans:
Ron has had a profound impact upon those he has touched. I lost my eyesight at the age of 14 in a train accident and followed Ron’s career with interest. It was no surprise that I followed Ron into labor law. in 2003 Ron and I became friends and ever since then I have seen Ron as a hero. It is no surprise that Ron and I are both blind, both labor lawyers, both academics, and both with an interest in the UN Convention on the Rights of Persons with Disabilities (Ron on formerly charring the CRPD Committee and Paul publishing on that same committee). Outside work Ron’s stories and generosity has influenced tens of thousands, and through his work on the UN CRPD Committee all persons with disabilities across the globe.
Thanks to Dennis Nolan (emeritus, South Carolina) for providing a heads-up on Ron's memoir.
UPDATE: Ron wrote to ask me to post the following:
Thank you for all of the very kind comments. I am truly humbled by your words. My life has been devoted to the teaching and practice of labour law to play my part in seeking to ensure fairness between workers and entrepreneurs. My book is titled “Born At The Right Time: A Memoir” and it comes out on 1 July in Australia and is published by Allen and Unwin. Overseas friends can purchase it through the book depository website.
Ron McCallum AO
Wednesday, May 8, 2019
Congratulations to Sergio Gamonal C. (Univ. Adolfo Ibanez - Santiago) and César F. Rosado Marzán (Chicago-Kent) on the publication of their book Principled Labor Law: U.S. Labor Law through a Latin American Method by Oxford University Press. Here's the publisher's 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.
Monday, March 25, 2019
This streamlined, straightforward casebook offers a fresh perspective on employment discrimination law, presenting a procedural-based approach with interactive materials. While still providing traditional coverage, Employment Discrimination: Procedure, Principles, and Practice, Second Edition (Seiner, Wolters Kluwer, 2019) 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. Modern, cutting-edge cases demonstrate the importance of employment discrimination law. Text boxes within cases, historical notes, and news events effectively help bring the material to life. New to the Second Edition: a renewed focus on sexual harassment and a robust discussion of the #metoo movement; an examination of sexual orientation and a review of the conflicting federal appellate cases on whether it is protected by anti-discrimination laws; a new focus on appearance discrimination and the recent case law related to this issue; a discussion of how issues evolving in the gig economy can impact workplace discrimination.
Tuesday, February 26, 2019
Congratulations to Francis Mootz (Pacific-McGeorge), Leticia Saucedo (Cal.-Davis), and Mike Maslanka (North Texas) on the publication of their book Learning Employment Law (West 2019). Here's the publisher's description:
Learning Employment Law provides concise and clear text, examples, and case excerpts that empower students to engage in sophisticated problem-solving regarding the most pressing issues in contemporary workplace law. The book succinctly reviews the historical backdrop of each issue to ensure that students gain the wider understanding necessary to effectively address contemporary problems. The book is comprised of 44 independent Lessons that can be structured by the professor to highlight different themes. Students will be exposed to common law and regulatory regimes, with a focus on the new workplace challenges of the platform economy, outsourced labor, and immigrant labor. Students will gain a sophisticated understanding of the challenges facing lawyers in this rapidly developing area of the law.
Saturday, October 13, 2018
ILERA is pleased to announce the third call for book proposals with the theme of comparative labour and employment relations. The term “labour and employment relations” will be interpreted broadly to include all aspects of work including labour policy, labour market analysis, labour relations and collective bargaining, human resource management, and work- and workplace- related topics. Book proposals by a single author, multiple authors, or edited volumes will all be welcome. Books in this series will be published by ILERA in English, French or Spanish, based on the language of the manuscripts received.
A Committee of Editors was established under the leadership of Prof. Mia Rönnmar (Lund University, Sweden), President-Elect of ILERA, who will act as Editor-in Chief. Editorial members include: Prof. Anil Verma (University of Toronto, Canada), Prof. Annette Jobert (ENS Cachan, France), and Prof. Cecilia Senén González (University of Buenos Aires, Argentina).
To encourage members to submit high-quality book proposals, ILERA provides an incentive of USD 5,000 as a contribution towards the expenses of preparing a manuscript which is accepted for publication. Future book royalties will accrue to ILERA.
The deadline for submission of the book proposal has been extended to 30 November 2018.
Proposals should elaborate on the following headlines:
- a brief description of the themes of the book;
- its contribution to existing knowledge in the field;
- its novelty compared with similar previous books;
- a summary of the structure and contents of the book;
- the names, full contact details and institutional affiliations of the authors and editors (if necessary);
- a curriculum vitae of all contributors; and
- a proposed time-table for completion of the manuscript.
Wednesday, November 15, 2017
Deborah Widiss (Indiana) has just posted a new book chapter on SSRN: Addressing the Workplace Effects of Intimate Partner Violence, in Violence and Abuse in the Workplace (Cary Cooper & Ronald Burke eds., forthcoming 2018).
Here's the abstract:
Although most physical violence against intimate partners occurs in the home, intimate partner violence (IPV) also affects workplaces. It often causes absences, productivity losses, and employee turnover; less commonly, perpetrators physically attack their intimate partners at work. This book chapter discusses best practices for decreasing workplace disruptions and the risk of workplace violence caused by IPV, and it explains legal standards that may apply. The primary focus is the United States, but research and legislation from other countries is also included. It also identifies websites that provide research, model policies, and other tools for organizations seeking to address IPV, including resources regarding employment of perpetrators of IPV.
This topic feels especially salient given the role of family violence in recent high profile shootings. This chapter looks like a helpful resource, and I'm looking forward to the book's release.
Wednesday, November 1, 2017
Congratulations to Paul Harpur (U. Queensland/Beirne Law) on the publication earlier this year by Cambridge University Press of his book Discrimination, Copyright & Inequality. The book analyses the interaction between anti-discrimination and copyright laws, in the international human rights and copyright jurisdictions, as well as in the national jurisdictions in Australia, Canada, the UK and USA. This work builds on international and domestic notions of digital equality and rights to access information. The core thesis of this monograph is that technology now creates the possibility that everyone in the world, regardless of their abilities or disabilities, should be able to access the written word.
Here's the publisher's description:
Wednesday, July 19, 2017
The problem-based approach of Labor Law: A Problem-Based Approach moves beyond lectures, the Socratic teaching model, and the casebook method, while developing the critical reasoning skills required to be a successful attorney. The problem-based pedagogical method will directly help students by synchronizing the way labor law is taught with the way it is typically tested. The book is updated through the end of 2016 and features the most important cases, documents, and articles for students to become proficient in the practice of American private-sector labor law.
Saturday, June 17, 2017
Congratulations to Steve Ware (Kansas) and Ariana Levinson (Louisville) on the publication of their new book Principles of Arbitration Law (Concise Hornbook Series, available July 2017). Here's the publisher's description:
The Concise Hornbook Principles of Arbitration Law is an authoritative and extensively cited treatise on arbitration. It thoroughly discusses general arbitration law―from federal preemption of state law to the formation, performance, and enforcement of arbitration agreements―and provides in-depth coverage of specialized law governing international arbitration and labor arbitration. The last few decades have witnessed the growth of a large body of legal doctrine―from statutes, judicial decisions, and other sources―focused on arbitration. This Concise Hornbook summarizes that body of law, so should be useful to lawyers and scholars researching arbitration law and to students learning about arbitration.
I haven't yet received a copy of the book, but know from reviewing the draft of the labor law chapter that it will be top-flight.
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.