The Economics of Labor Law

Hardback

The Economics of Labor Law

9781035334117 Edward Elgar Publishing
Keith N. Hylton, William Fairfield Warren Distinguished Professor, Boston University; Professor of Law, Boston University School of Law, US
Publication Date: November 2024 ISBN: 978 1 03533 411 7 Extent: c 480 pp
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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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.
Critical Acclaim
‘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, US

‘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, US

‘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, US

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