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Faculty Publications

Economics

Labor and Employment Law

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Full-Text Articles in Law

The Law And Economics Of Identity, Rafael Gely Jan 2007

The Law And Economics Of Identity, Rafael Gely

Faculty Publications

A growing number of legal scholars have written about the demands that society and particular employers have placed on non-traditional employees to perform their identities, “or make themselves palatable” to their employers, by comporting with the criteria that the institution values. These authors have forcefully made the argument that some of these requirements are actually a form of class subordination; as a response, they argue for various forms of legal intervention.


Striker Replacements: A Law, Economics, And Negotiations Approach, Rafael Gely, Leonard Bierman Apr 1995

Striker Replacements: A Law, Economics, And Negotiations Approach, Rafael Gely, Leonard Bierman

Faculty Publications

In this article, we directly attack Professors Wachter and Cohen's assertion regarding the economic efficiency of the Mackay doctrine. Applying internal and external labor market analysis, we argue that the Mackay doctrine is economically inefficient because it allows employers to behave “opportunistically” with respect to employees that have made “firm-specific” investments in their employing firms. To remedy this problem we propose a new “negotiations approach,” the components of which are: (1) the statutory overruling of Mackay, and (2) the concomitant amendment of the NLRA to make the striker replacement issue a “mandatory” subject of collective bargaining.