The economic analysis of labor and employment law is a bold effort to apply economic theory to explain important empirical facts about the regulation of the employment relationship and to provide positive predictions and normative analyses that are useful to policy-makers. This book draws...

In this Article, we ask whether the National Labor Relations Act, enacted over 70 years ago, can remain relevant in a competitive economy where nonunion employer discretion is the dominant form of workplace governance. The best opportunity for the NLRA's continued relevance is the modification...

In this Article, we ask whether the National Labor Relations Act, enacted over 70 years ago, can remain relevant in a competitive economy where nonunion employer discretion is the dominant form of workplace governance. The best opportunity for the NLRA’s continued relevance is the modification...

"In this Article, we ask whether the National Labor Relations Act, enacted over 70 years ago, can remain relevant in a competitive economy where nonunion employer discretion is the dominant form of workplace governance. The best opportunity for the NLRA's continued relevance is the modification...

The rise of globalism has allowed businesses to expand their chains of production across the world and forced them to compete internationally. This expansion of competition has also extended to the labor market, as workers must now often compete with other workers from around the globe. This...

In a decision from the last term, the Supreme Court held that a state law prohibiting the use of state funds by employers for both anti- and pro-union advocacy was preempted by federal law. The Brown decision sparks this debate between Professors Paul M. Secunda and Jeffrey M. Hirsch, as to...

The world economy is truly an international one. Technological advances in transportation and communications have eliminated many of the geographic barriers to trade and systems of production. Accompanying this change in product markets has been the globalization of labor markets, which means...

The joint-employer doctrine in the United States is as fissured as the economy itself. As this paper's brief survey of the different joint-employer standards used in the U.S. shows, the diverse set of work laws and governing authorities involved in workplace disputes have led to an unpredictable...

This Article is a review of the Supreme Court's 2013-2014 labor and employment law decisions. Among the cases discussed are Harris v. Quinn, Lane v. Franks, Lawson v. FMR, Fifth Third Bancorp v. Dudenhoeffer, Heimeshoff v. Hartford Life & Accident Insurance Co., Sandifer v. United States Steel...

Currently, the National Labor Relations Board determines whether union organizers have a right to access employer property by looking almost exclusively to an employer's state law right-to-exclude. If the employer possesses such a right, an attempt to exclude organizers will generally be lawful;...