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American Labor and the Law: Dormant, Resurgent, and Emergent Problems by FINKIN

American Labor and the Law: Dormant, Resurgent, and Emergent Problems

By Matthew W. Finkin


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American Labor and the Law presents a detailed analysis of the labor problem in the United States from the struggles of the nineteenth century to the solutions of the twentieth century, and the resurfacing of problems in the twenty-first century. In the United States and worldwide, the “labor question” has recrudesced. Old issues have resurged, sometimes in altered guise. New issues have emerged. Both test the twentieth century’s solutions. This work explores the arc of labor law in the United States from the past-Revolutionary period to the present. It tracks the changes that have reordered business and employment at the century’s turn—the resurgence of old issues in new dress and the emergence of new issues, of which the deployment of technologies—robotization and computerization—has been the catalyst. It closes on the issues labor law is facing in the twenty-first century, including the imponderable of yet a new need to address the definition of citizenship.

What’s in this book:
The author’s thorough coverage of the relevant terrain draws on social and legal history, and also on the current wealth of economic studies across the range of such pressing issues as the following:

  • wages;
  • precarity of work;
  • employee representation;  
  • health and safety;
  • job discrimination;
  • employee mobility;
  • privacy;
  • job displacement;
  • anti-retaliation;
  • wrongful dismissal;
  • accelerating use of automation, robotization, and computerization;
  • segmentation and polarization of the labor market;
  • fissurization of jobs;
  • labor segmentation and polarization;
  • union implosion; and
  • privatization of law.

At a critical moment when the various strands of all these issues are becoming intertwined, this hugely informative book elucidates how labor law stands today in the United States, and by extension in many other countries.

How this will help you:
This book provides a necessary background for comparative engagement with economic change enabling readers to obtain an insight into the main changes and challenges in American Labor Law. Because the developments it deals with are global, this is critical reading for policy makers, academics, students, and an enlightened public to put what is happening in broader historical context as seen from the paradigm neoliberal economy and its legal institutions.

Last Updated 01/08/2019
Product Line Kluwer Law International
SKU 10070451-0001
Table of Contents

Notes on Author



The Old Order

“The Country That We Once Knew Is Not Now Known to Us”

The Law’s Course

Labor’s Questions at the Century’s Turning

The Labor Question’s Third Century

The Basis of Citizenship