Hardback
The Economics of Labor Law
In terms familiar to economists, this book provides a positive theory of labor law and dissects the fundamental theoretical issues that shape labor law doctrine. It investigates the deep economic tensions influencing judicial opinions in labor law, and how these can predict the outcomes of relevant legal doctrine and determine whether it accomplishes its regulatory goals.
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Critical Acclaim
Contents
More Information
In terms familiar to economists, this book provides a positive theory of labor law and dissects the fundamental theoretical issues that shape labor law doctrine. It investigates the deep economic tensions influencing judicial opinions in labor law, and how these can predict the outcomes of relevant legal doctrine and determine whether it accomplishes its regulatory goals.
Keith Hylton explores major philosophical approaches in the labor movement as well as the economic pressures that have impacted the growth of unions and the evolution of labor law. Hylton examines core issues including union organization, labor bargaining, labor law successorship, and the interaction between labor and antitrust laws. He questions whether the decline of unions will change employment and labor laws, and whether it is possible for the law to reverse or slow the decline in private sector union density. The central thesis of the book is that much of labor law doctrine is economically efficient, minimizing the costs of the bargaining relationship between the employer and the union.
The Economics of Labor Law is an invaluable resource for students and scholars of labor and employment law, and law and economics. Practitioners will also benefit from its detailed account of how economics can provide a more solid foundation for labor law doctrines.
Keith Hylton explores major philosophical approaches in the labor movement as well as the economic pressures that have impacted the growth of unions and the evolution of labor law. Hylton examines core issues including union organization, labor bargaining, labor law successorship, and the interaction between labor and antitrust laws. He questions whether the decline of unions will change employment and labor laws, and whether it is possible for the law to reverse or slow the decline in private sector union density. The central thesis of the book is that much of labor law doctrine is economically efficient, minimizing the costs of the bargaining relationship between the employer and the union.
The Economics of Labor Law is an invaluable resource for students and scholars of labor and employment law, and law and economics. Practitioners will also benefit from its detailed account of how economics can provide a more solid foundation for labor law doctrines.
Critical Acclaim
‘Hylton’s pathbreaking work demonstrates the value of a law and economics approach for understanding the regulation of unions and collective bargaining. It elucidates the economic approach clearly, while providing a valuable overview of the relevant judicial decisions.’
–Kevin Lang, Boston University, USA
‘A noted and prolific law-and-economics scholar, Keith Hylton clearly explains how specific labor-law doctrines—ranging from union election campaigns to successorship—increase efficiency by enhancing the collective-bargaining relationship. In doing so, Hylton proudly refuses to care whether labor or management applauds any particular result—it is overall social welfare that counts.’
–Stewart J. Schwab, Cornell University, USA
‘Keith Hylton’s The Economics of Labor Law marks an important advance in the teaching and study of US labor law. Economic analysis is neither left nor right. Hylton’s book advances understanding of how various labor law doctrines have operated in practice and analyzes cogently whether the rules in place have created the right incentives for labor and management.’
– Samuel Estreicher, New York University School of Law, USA
‘Professor Hylton has put together the most comprehensive and sophisticated economic analysis of American labor law to date. Although thoroughly wedded to the neoclassical model, Professor Hylton’s insights are both interesting and useful and have to be accounted for in current policy debates. I would recommend this book to any policy-maker, academic or student with an interest in the larger economic implications of American labor law.’
– Kenneth G. Dau-Schmidt, Indiana University, USA
–Kevin Lang, Boston University, USA
‘A noted and prolific law-and-economics scholar, Keith Hylton clearly explains how specific labor-law doctrines—ranging from union election campaigns to successorship—increase efficiency by enhancing the collective-bargaining relationship. In doing so, Hylton proudly refuses to care whether labor or management applauds any particular result—it is overall social welfare that counts.’
–Stewart J. Schwab, Cornell University, USA
‘Keith Hylton’s The Economics of Labor Law marks an important advance in the teaching and study of US labor law. Economic analysis is neither left nor right. Hylton’s book advances understanding of how various labor law doctrines have operated in practice and analyzes cogently whether the rules in place have created the right incentives for labor and management.’
– Samuel Estreicher, New York University School of Law, USA
‘Professor Hylton has put together the most comprehensive and sophisticated economic analysis of American labor law to date. Although thoroughly wedded to the neoclassical model, Professor Hylton’s insights are both interesting and useful and have to be accounted for in current policy debates. I would recommend this book to any policy-maker, academic or student with an interest in the larger economic implications of American labor law.’
– Kenneth G. Dau-Schmidt, Indiana University, USA
Contents
Contents
1 Introduction to the economics of labor law
2 An economic history of unions and labor law
3 Rational decisions and regulation of union entry
4 A theory of minimum contract terms, with implications
for labor law
5 An economic theory of the duty to bargain
6 Rent appropriation and the doctrine of successorship
7 Efficiency and labor law
8 A positive economic theory of labor antitrust
9 Law and economics of mandatory arbitration agreements
10 Law and the future of organized labor in America
1 Introduction to the economics of labor law
2 An economic history of unions and labor law
3 Rational decisions and regulation of union entry
4 A theory of minimum contract terms, with implications
for labor law
5 An economic theory of the duty to bargain
6 Rent appropriation and the doctrine of successorship
7 Efficiency and labor law
8 A positive economic theory of labor antitrust
9 Law and economics of mandatory arbitration agreements
10 Law and the future of organized labor in America
