Until the mid-nineteenth century, English and American courts held that indefinite employment contracts could not be terminated at will. The stance was a legacy of strictures found in the Statute of Artificers. But by the turn of the century, English and American law no longer agreed. In...

Public sector unions around the world are under threat from political forces. Combined, the financial crisis and austerity measures have challenged public sector unions’ legitimacy. In the U.S., the postrecession assault on public sector unions is rooted in political ideology, with not only a...

Job-satisfaction as a component of workers' utility has been strangely neglected, with work usually regarded as reducing utility and the benefits of leisure. This is contradicted by many empirical studies showing that unemployment is a major cause of unhappiness, even when income is controlled...

By the early 1990s, employee stock ownership plans (ESOPs) had become as prevalent in unionized firms as in nonunionized firms. However, little research has been devoted to examining the implications of ESOPs for collective bargaining or, more generally, for cross ownership. In this paper, we...

We study how labor market conditions affect unionization decisions. Tight labor markets might spur unionization, e.g., by reducing the threat of unemployment after management opposition or employer retaliation in response to a unionization attempt. Tightness might also weaken unionization by...

In this paper, we examine and compare the impact of American and Japanese labor law on the relative bargaining power of the labor and management within the context of the new global economy based on information technology. We begin by providing a simple economic definition of bargaining power...

This paper asserts that game theory can be a valuable tool in dispute system design efforts. The premise is simple: If different dispute system designs have different impacts on the decisions and behaviors of participants, then game theory can be used to help logically think through the...

Economic models of disputes often assume that the rules of the game are well understood and that parties know the possible consequences of their actions. In this paper we show the apparently unintended consequences of state-level legal innovations governing labor disputes that took place in the...

For decades, the United States system of arbitration has been subject to nearly constant public criticism. Calling arbitration a rigged judicial system, consumer and employee rights groups have voiced opposition to the practice of "forced arbitration" whereby millions of Americans are...