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Articles 1 - 18 of 18

Full-Text Articles in Labor Relations

Anticompetitive Mergers In Labor Markets, Ioana Marinescu, Herbert J. Hovenkamp Feb 2018

Anticompetitive Mergers In Labor Markets, Ioana Marinescu, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

Mergers of competitors are conventionally challenged under the federal antitrust laws when they threaten to lessen competition in some product or service market in which the merging firms sell. Mergers can also injure competition in markets where the firms purchase. Although that principle is widely recognized, very few litigated cases have applied merger law to buyers. This article concerns an even more rarefied subset, and one that has barely been mentioned. Nevertheless, its implications are staggering. Some mergers may be unlawful because they injure competition in the labor market by enabling the post-merger firm anticompetitively to suppress wages or salaries ...


Digital Media And Unionization In The “Guilded" Age: How Labor Organizations In The Entertainment Industry Are Swimming Against The Current Of Streaming New Media And Technology, Jacqueline G.H. Kim Jan 2018

Digital Media And Unionization In The “Guilded" Age: How Labor Organizations In The Entertainment Industry Are Swimming Against The Current Of Streaming New Media And Technology, Jacqueline G.H. Kim

Prize Winning Papers

No abstract provided.


A Signal Or A Silo? Title Vii's Unexpected Hegemony, Sophia Z. Lee Jan 2015

A Signal Or A Silo? Title Vii's Unexpected Hegemony, Sophia Z. Lee

Faculty Scholarship at Penn Law

Title VII’s domination of employment discrimination law today was not inevitable. Indeed, when Title VII was initially enacted, its supporters viewed it as weak and flawed. They first sought to strengthen and improve the law by disseminating equal employment enforcement throughout the federal government. Only in the late 1970s did they instead favor consolidating enforcement under Title VII. Yet to labor historians and legal scholars, Title VII’s triumphs came at a steep cost to unions. They write wistfully of an alternative regime that would have better harmonized antidiscrimination with labor law’s recognition of workers’ right to organize ...


The Striking Success Of The National Labor Relations Act, Michael L. Wachter Dec 2012

The Striking Success Of The National Labor Relations Act, Michael L. Wachter

Faculty Scholarship at Penn Law

Although often viewed as a dismal failure, the National Labor Relations Act (NLRA) has been remarkably successful. While the decline in private sector unionization since the 1950s is typically viewed as a symbol of this failure, the NLRA has achieved its most important goal: industrial peace.

Before the NLRA and the 1947 Taft-Hartley Amendments, our industrial relations system gave rise to frequent and violent strikes that threatened the nation’s stability. For example, in the late 1870s, the Great Railroad Strike spread throughout a number of major cities. In Pittsburg alone, strikes claimed 24 lives, nearly 80 buildings, and over ...


Who Should Talk? What Counts As Employee Voice And Who Stands To Gain, Aditi Bagchi May 2011

Who Should Talk? What Counts As Employee Voice And Who Stands To Gain, Aditi Bagchi

Faculty Scholarship at Penn Law

This symposium piece responds to an article by Kenneth G. Dau-Schmidt titled "Promoting Employee Voice in the American Economy: A Call for Comprehensive Reform." Professor Schmidt argues in favor of increasing employee voice in corporate governance. In this reply, Professor Bagchi distinguishes between "hard voice," "soft voice" and information rights as three variants of employee voice. She casts doubt on the material benefits from Professor Dau-Schmidt's proposals, which focus on hard and soft voice, to either employees or corporate stakeholders more broadly. The present focus of corporate governance on the relationship between shareholders and managers, to the exclusion of ...


The Myth Of Equality In The Employment Relation, Aditi Bagchi Mar 2009

The Myth Of Equality In The Employment Relation, Aditi Bagchi

Faculty Scholarship at Penn Law

Although it is widely understood that employers and employees are not equally situated, we fail adequately to account for this inequality in the law governing their relationship. We can best understand this inequality in terms of status, which encompasses one’s level of income, leisure and discretion. For a variety of misguided reasons, contract law has been historically highly resistant to the introduction of status-based principles. Courts have preferred to characterize the unfavorable circumstances that many employees face as the product of unequal bargaining power. But bargaining power disparity does not capture the moral problem raised by inequality in the ...


On Beyond Calpers: Survey Evidence On The Developing Role Of Public Pension Funds In Corporate Governance, Stephen Choi, Jill E. Fisch Jan 2008

On Beyond Calpers: Survey Evidence On The Developing Role Of Public Pension Funds In Corporate Governance, Stephen Choi, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


Guest Workers And Justice In A Second-Best World, Howard F. Chang Jan 2008

Guest Workers And Justice In A Second-Best World, Howard F. Chang

Faculty Scholarship at Penn Law

This essay offers a defense of guest-worker programs and a critique of the objections raised by Michael Walzer and by other critics of such programs. Although critics commonly complain that guest workers are vulnerable to exploitation by employers, we can design guest-worker programs that minimize the risk of such exploitation. Ready access for relatively unskilled guest workers to citizenship and to public benefits, however, generates a fiscal burden for the public treasury. A right to equal treatment for aliens yields perverse results unless aliens are also entitled to equal concern when the host country decides whether to admit the alien ...


Theories Of The Employment Relationship: Choosing Between Norms And Contracts, Michael L. Wachter Jun 2005

Theories Of The Employment Relationship: Choosing Between Norms And Contracts, Michael L. Wachter

Faculty Scholarship at Penn Law

In this paper, I analyze three types of labor market relationships that are prevalent in the economy - the external labor market that exists outside of firms, and the union and nonunion employment relationships that exist inside firms. The parties' relationships in each of these markets are markedly different from one another with respect to their use of contracts versus norms, their enforcement mechanisms, and their reliance on external competitive market pressures. Why do these very distinct forms exist? This paper provides an answer to this question. To be successful, each of the structures has to resolve problems of match-specific assets ...


Collective Bargaining Over Asset Restructuring, Edward B. Rock, Michael L. Wachter Jan 1998

Collective Bargaining Over Asset Restructuring, Edward B. Rock, Michael L. Wachter

Faculty Scholarship at Penn Law

No abstract provided.


Liberalized Immigration As Free Trade: Economic Welfare And The Optimal Immigration Policy, Howard F. Chang Jan 1997

Liberalized Immigration As Free Trade: Economic Welfare And The Optimal Immigration Policy, Howard F. Chang

Faculty Scholarship at Penn Law

No abstract provided.


Union Effects On Nonunion Wages: Evidence From Panel Data On Industries And Cities, David Neumark, Michael L. Wachter Jan 1995

Union Effects On Nonunion Wages: Evidence From Panel Data On Industries And Cities, David Neumark, Michael L. Wachter

Faculty Scholarship at Penn Law

No abstract provided.


Labor Law Successorship: A Corporate Law Approach, Edward B. Rock, Michael L. Wachter Jan 1993

Labor Law Successorship: A Corporate Law Approach, Edward B. Rock, Michael L. Wachter

Faculty Scholarship at Penn Law

No abstract provided.


The Law And Economics Of Collective Bargaining: An Introduction And Application To The Problems Of Subcontracting, Partial Closure, And Relocation, Michael L. Wachter, George M. Cohen Jan 1988

The Law And Economics Of Collective Bargaining: An Introduction And Application To The Problems Of Subcontracting, Partial Closure, And Relocation, Michael L. Wachter, George M. Cohen

Faculty Scholarship at Penn Law

No abstract provided.


Structure Of Labor Relations, Howard Lesnick Jan 1982

Structure Of Labor Relations, Howard Lesnick

Faculty Scholarship at Penn Law

No abstract provided.


Establishment Of Bargaining Rights Without An Nlrb Election, Howard Lesnick Mar 1967

Establishment Of Bargaining Rights Without An Nlrb Election, Howard Lesnick

Faculty Scholarship at Penn Law

No abstract provided.


State-Court Injunctions And The Federal Common Law Of Labor Contracts: Beyond Norris-Laguardia, Howard Lesnick Jan 1966

State-Court Injunctions And The Federal Common Law Of Labor Contracts: Beyond Norris-Laguardia, Howard Lesnick

Faculty Scholarship at Penn Law

No abstract provided.


Job Security And Secondary Boycotts: The Reach Of Nlra 8(B)(4) And 8(E), Howard Lesnick Jan 1965

Job Security And Secondary Boycotts: The Reach Of Nlra 8(B)(4) And 8(E), Howard Lesnick

Faculty Scholarship at Penn Law

No abstract provided.