Law Commons^™

Further Considerations: Immigrant Entrepreneurs - Contributions And Challenges, Jayesh Rathod

Contributions to Books

An overview of the contributions made by immigrant entrepreneurs in the United States, and the challenges they face.

Whistleblower Protection And The Challenge To Public Employment Law, Robert Vaughn

Contributions to Books

Whistleblowers who are public employees are protected by statutes which vary in scope and character, but authorise employees to disclose information outside of the chain of command and under standards that replace internal agency rules or guidelines. During the last decade a number of countries enacted whistleblower statutes that protect public employees who disclose various types of misconduct or incompetence. At the same time, a number of international treaties and conventions addressing governmental corruption have included provisions protecting whistleblowers. The recent activity in providing protection for public sector whistleblowers as well as movements for honesty and transparency in government present …

Suffrage And The Terms Of Labor, Robert J. Steinfeld

Contributions to Books

Published as Chapter 9 in Human Capital and Institutions: A Long Run View, David Eltis, Frank D. Lewis & Kenneth L. Sokoloff, eds.

Great books often harbor deep tensions, which are one source of their enduring power. Time on the Cross by Robert Fogel and Stanley Engerman is a good example (Fogel and Engerman 1974). On the one hand, Time on the Cross argued that the economic science of Cliometrics was indispensable for a proper understanding of the past. Human beings have always been primarily motivated by the desire for gain, and to understand their behavior it is essential to …

Maternity Leave Laws In The United States In The Light Of European Legislation, Candace Saari Kovacic-Fleischer

Contributions to Books

This chapter describes the difficulty that the US has had in passing social legislation by viewing it through the changing attitudes of US Supreme Court justices toward employment legislation during five defining eras in the twentieth century: laissez-faire economics and wage and hour legislation, 1905-1941; President Franklin D. Roosevelt’s New Deal Social Security Act, 1935-1937; World War II, 1940-1948; the Civil Rights and Women’s movements, 1963-1978; and the Family and Medical Leave Act of 1993. The US has expanded its view of government’s role in the private workplace over time, though not nearly as quickly as has Europe. The author …

Freedom Of Contract And Freedom Of Person: A Brief History Of “Involuntary Servitude” In American Fundamental Law, Robert J. Steinfeld

Contributions to Books

Published as Chapter 14 in Republicanism and Liberalism in America and the German States, 1750–1850, Jürgen Heideking, James A. Henretta & Peter Becker, eds.

Liberal ideas are normally taken to have played an important role in the development of free markets, and of free labor based on contract in those markets. A closer look at labor regimes in the nineteenth century, however, reveals that liberal commitments to freedom did not straightforwardly produce what we today would think of as free labor. Just as often they produced a form of coerced contractual labor. And this was quite simply because liberal commitments …

Labor – Free Or Coerced? An Historical Reassessment Of Differences And Similarities, Robert J. Steinfeld, Stanley L. Engerman

Contributions to Books

Published in Free and Unfree Labour: The Debate Continues, Tom Brass & Marcel van der Linden, eds.

Wartime Labor Regulation, The Industrial Pluralists, And The Law Of Collective Bargaining, James B. Atleson

Contributions to Books

Published as Chapter 7 in Industrial Democracy in America: The Ambiguous Promise, Nelson Lichtenstein & Howell John Harris, eds.