front cover of Affirmative Action at Work
Affirmative Action at Work
Law, Politics, and Ethics
Bron Raymond Taylor
University of Pittsburgh Press, 1991

Bron Taylor unites theoretical and applied social science to analyze a salient contemporary moral and political problem. Three decades after the passage of civil rights laws, criteria for hiring and promotion to redress past discrimination and the sensitive “quota” question are still unresolved issues.


Taylor reviews the works of prominent social scientists and philosophers on the moral and legal principles underlying affirmative action, and examines them in light of his own empirical study. Using participant observation, in-depth interviewing, and a detailed questionnaire, he examines the attitudes of four groups in the California Department of Parks and Recreation: male and female, white and nonwhite workers. Because the department has implemented a strong program for ten years, its employees have had firsthand experience with affirmative action. Their views about the rights of minorities in the economy are often surprising.

This work presents a comprehensive picture of the cross-pressures-the racial fears and antagonisms, the moral, ethical, and religious views about fairness and opportunity, the rigid ideas-that guide popular attitudes.
 

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Citizen Rauh
An American Liberal's Life in Law and Politics
Michael E. Parrish
University of Michigan Press, 2011

"Joe Rauh was the type of lawyer who comes along maybe once in a generation---talented, politically astute, effective, and stubbornly devoted to principles, the type of person who not only could but did make a difference. He deserves a biography that explores not only his persona, but the America in which he lived and worked, and how he made a difference to so many people. Michael Parrish has given us just such a book, an exceedingly fine, well-written story that will make clear to another generation not only who Joe Rauh was, but why we as a nation will always need someone like him."
---Melvin I. Urofsky, Professor of Law and Public Policy, Virginia Commonwealth University

"Michael Parrish has captured the life of this great civil libertarian in splendid fashion. His biography of this energetic New Deal liberal weaves effortlessly between public and private, friend and foe, victory and defeat. With Parrish as a sure guide, Citizen Rauh transports the reader through an American history that begins with Sacco and Vanzetti and ends as he battles CIA skullduggery in the 1980s. This biography should be on your shelf and in your heart."
---Nelson Lichtenstein, MacArthur Foundation Professor of History and Director of the Center for the Study of Work, Labor, and Democracy, University of California, Santa Barbara

"Michael Parrish has fashioned a biography filled with Rauh's spirit, achievements, his losses, and above all, the importance of his presence. This is a wonderful account of a giant of late 20th century political and legal affairs."
---Stanley Kutler, E. Gordon Fox Professor Emeritus of American Institutions, History, and Law, University of Wisconsin, Madison

"The causes to which Rauh committed his life retain their moral force today. This well-crafted, often powerful, biographical study will appeal to anyone with a serious interest in postwar liberalism."
---Daniel Scroop, University of Sheffield
 
Citizen Rauh tells the story of American lawyer Joseph L. Rauh Jr., who kept alive the ideals of New Deal liberalism and broadened those ideals to include a commitment to civil rights. Rauh's clients included Arthur Miller, Lillian Hellman, A. Philip Randolph, and the Mississippi Freedom Democratic Party. With good reason Freedom Rider John Lewis once called him "the blackest white man I ever knew."
 
No lawyer in the post-1945 era did more to protect the economic interests of working-class Americans than Rauh, who fought for the unions as they struggled for legitimacy and against them when they betrayed their own members. No lawyer stood more courageously against repressive anticommunism during the 1950s or advanced the cause of racial justice more vigorously in the 1960s and 1970s. No lawyer did more to defend the constitutional vision of the Warren Court and resist the efforts of Richard Nixon and Ronald Reagan to undo its legacy. Throughout his life, Rauh continued to articulate a progressive vision of law and politics, ever confident that his brand of liberalism would become vital once again when the cycle of American politics took another turn.
 
Jacket design by Paula Newcomb

Jacket photograph: Joseph L. Rauh Jr. with President Lyndon B. Johnson. Courtesy of the Estate of Olie W. Rauh.

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Crippled Justice
The History of Modern Disability Policy in the Workplace
Ruth O'Brien
University of Chicago Press, 2001
Crippled Justice, the first comprehensive intellectual history of disability policy in the workplace from World War II to the present, explains why American employers and judges, despite the Americans with Disabilities Act, have been so resistant to accommodating the disabled in the workplace. Ruth O'Brien traces the origins of this resistance to the postwar disability policies inspired by physicians and psychoanalysts that were based on the notion that disabled people should accommodate society rather than having society accommodate them.

O'Brien shows how the remnants of postwar cultural values bogged down the rights-oriented policy in the 1970s and how they continue to permeate judicial interpretations of provisions under the Americans with Disabilities Act. In effect, O'Brien argues, these decisions have created a lose/lose situation for the very people the act was meant to protect. Covering developments up to the present, Crippled Justice is an eye-opening story of government officials and influential experts, and how our legislative and judicial institutions have responded to them.
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The Eagle Has Eyes
The FBI Surveillance of César Estrada Chávez of the United Farm Workers Union of America, 1965–1975
José Angel Gutiérrez
Michigan State University Press, 2019
This book is the first of its kind to bring transparency to the FBI’s attempts to destroy the incipient Chicano Movement of the 1960s. While the activities of the deep state are current research topics, this has not always been the case. The role of the U.S. government in suppressing marginalized racial and ethnic minorities began to be documented with the advent of the Freedom of Information Act and most recently by disclosures of whistle blowers. This book utilizes declassified files from the FBI to investigate the agency’s role in thwarting Cesar E. Chavez’s efforts to build a labor union for farm workers and documents the roles of the FBI, California state police, and local police in assisting those who opposed Chavez. Ultimately, The Eagle Has Eyes is a must-read for academics and activists alike.
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Health and Economic Outcomes in the Alumni of the Wounded Warrior Project
2010–2012
Heather Krull
RAND Corporation, 2014
The Wounded Warrior Project has developed programs to help care for injured service members and veterans. This report describes how project alumnus respondents are faring in domains related to mental health and resiliency, physical health, and employment and finances.
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Helping Soldiers Leverage Army Knowledge, Skills, and Abilities in Civilian Jobs
Jeffrey B. Wenger
RAND Corporation, 2017
This report discusses the results of occupation surveys administered to soldiers in selected Army military occupational specialties (MOSs) to assess the level and importance of the knowledge, skills, and abilities needed in these MOSs and to develop better crosswalks between military and civilian occupations. The report identifies both a broader range of military-civilian occupation matches and higher-quality matches than existing crosswalks.
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Keep the Wretches in Order
America's Biggest Mass Trial, the Rise of the Justice Department, and the Fall of the IWW
Dean A. Strang
University of Wisconsin Press, 2020
Before World War I, the government reaction to labor dissent had been local, ad hoc, and quasi-military. Sheriffs, mayors, or governors would deputize strikebreakers or call out the state militia, usually at the bidding of employers. When the United States entered the conflict in 1917, government and industry feared that strikes would endanger war production; a more coordinated, national strategy would be necessary. To prevent stoppages, the Department of Justice embarked on a sweeping new effort—replacing gunmen with lawyers. The department systematically targeted the nation’s most radical and innovative union, the Industrial Workers of the World, also known as the Wobblies, resulting in the largest mass trial in U.S. history.
In the first legal history of this federal trial, Dean Strang shows how the case laid the groundwork for a fundamentally different strategy to stifle radical threats, and had a major role in shaping the modern Justice Department. As the trial unfolded, it became an exercise of raw force, raising serious questions about its legitimacy and revealing the fragility of a criminal justice system under great external pressure.
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Labor Justice across the Americas
Leon Fink, Juan Palacio
University of Illinois Press, 2018
Opinions of specialized labor courts differ, but labor justice undoubtedly represented a decisive moment in worker 's history. When and how did these courts take shape? Why did their originators consider them necessary? Leon Fink and Juan Manuel Palacio present essays that address these essential questions. Ranging from Canada and the United States to Chile and Argentina, the authors search for common factors in the appearance of labor courts while recognizing the specific character of the creative process in each nation. Their transnational and comparative approach advances a global perspective on the various mechanisms for regulating industrial relations and resolving labor conflicts. The result is the first country-by-country study of its kind, one that addresses a defining shift in law in the first half of the twentieth century. Contributors: Rossana Barragán Romano, Angela de Castro Gomes, David Díaz-Arias, Leon Fink, Frank Luce, Diego Ortúzar, Germán Palacio, Juan Manuel Palacio, William Suarez-Potts, Fernando Teixeira da Silva, Victor Uribe-Urán, Angela Vergara, and Ronny J. Viales-Hurtado.
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Law and Employment
Lessons from Latin America and the Caribbean
Edited by James J. Heckman and Carmen Pages
University of Chicago Press, 2004
Law and Employment analyzes the effects of regulation and deregulation on Latin American labor markets and presents empirically grounded studies of the costs of regulation.

Numerous labor regulations that were introduced or reformed in Latin America in the past thirty years have had important economic consequences. Nobel Prize-winning economist James J. Heckman and Carmen Pagés document the behavior of firms attempting to stay in business and be competitive while facing the high costs of complying with these labor laws. They challenge the prevailing view that labor market regulations affect only the distribution of labor incomes and have little or no impact on efficiency or the performance of labor markets. Using new micro-evidence, this volume shows that labor regulations reduce labor market turnover rates and flexibility, promote inequality, and discriminate against marginal workers.

Along with in-depth studies of Colombia, Peru, Brazil, Argentina, Chile, Uruguay, Jamaica, and Trinidad, Law and Employment provides comparative analysis of Latin American economies against a range of European countries and the United States. The book breaks new ground by quantifying not only the cost of regulation in Latin America, the Caribbean, and in the OECD, but also the broader impact of this regulation.
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Mad River, Marjorie Rowland, and the Quest for LGBTQ Teachers’ Rights
Margaret A. Nash
Rutgers University Press, 2022
Mad River, Marjorie Rowland, and the Quest for LGBTQ Teachers’ Rights addresses an important legal case that set the stage for today’s LGBTQ civil rights–a case that almost no one has heard of. Marjorie Rowland v. Mad River School District involves an Ohio guidance counselor fired in 1974 for being bisexual. Rowland’s case made it to the U.S. Supreme Court, but the justices declined to consider it. In a spectacular published dissent, Justice Brennan laid out arguments for why the First and Fourteenth Amendments apply to bisexuals, gays, and lesbians. That dissent has been the foundation for LGBTQ civil rights advances since.
 
In the first in-depth treatment of this foundational legal case, authors Margaret A. Nash and Karen L. Graves tell the story of that case and of Marjorie Rowland, the pioneer who fought for employment rights for LGBTQ educators and who paid a heavy price for that fight. It brings the story of LGBTQ educators’ rights to the present, including commentary on Bostock v Clayton County, the 2020 Supreme Court case that struck down employment discrimination against LGBT workers.
 
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Making Their Days Happen
Paid Personal Assistance Services Supporting People with Disability Living in Their Homes and Communities
Lisa I. Iezzoni
Temple University Press, 2022

Most Americans—even those with significant disability—want to live in their homes and communities. Unpaid family members or friends often work as “informal” caregivers, helping those who need assistance— and many feel they have no option but to serve. In contrast, paid personal assistance services workers (PAS) provide a lifeline to those consumers with complex needs and limited social networks. However, there is a crisis looming in the increasing needs for paid PAS and the limited available PAS workforce.

Making Their Days Happen explores disability, health, and civil rights, along with relevant federal and state labor policies related to personal assistance services. Lisa Iezzoni addresses the legal context of paid PAS as well as financing mechanisms for obtaining home-based personal assistance. She also draws upon interviews she conducted with paid PAS consumers and PAS workers to explore PAS experiences and their perspectives about their work. 

Offering recommendations for improving future experiences of PAS consumers and providers, Iezzoni emphasizes that people with disabilities want to be a part of society, and PAS workers who do this low-wage work find satisfaction in helping them achieve their goals.

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Mental Disorder, Work Disability, and the Law
Edited by Richard J. Bonnie and John Monahan
University of Chicago Press, 1996
A barrage of "handbooks" and "resource manuals" aimed at employers and legal practitioners on the employment rights of people with disabilities has begun to appear. Until now, however, there has been no serious book-length scholarly treatment of how mental disorder can affect work, how work can affect mental disorder, and the role of law in addressing employment discrimination based on mental rather than physical disability. In Mental Disorder, Work Disability and the Law, the editors bring together original work by leading scholars who have studied mental disorder and work disability from the fields of sociology, psychology, psychiatry, law, and economics. The authors' contributions build upon one another to create the first integrated account of the important policy issues at stake when law deals with the rights of mentally disordered citizens to work when they are able to, and to receive benefits when they are not.

This book will be of great value to scholars in law and the mental health professions and to policy makers and the administrators of disability programs.
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A New Deal for China’s Workers?
Cynthia Estlund
Harvard University Press, 2017

China’s labor landscape is changing, and it is transforming the global economy in ways that we cannot afford to ignore. Once-silent workers have found their voice, organizing momentous protests, such as the 2010 Honda strikes, and demanding a better deal. China’s leaders have responded not only with repression but with reforms. Are China’s workers on the verge of a breakthrough in industrial relations and labor law reminiscent of the American New Deal?

In A New Deal for China’s Workers? Cynthia Estlund views this changing landscape through the comparative lens of America’s twentieth-century experience with industrial unrest. China’s leaders hope to replicate the widely shared prosperity, political legitimacy, and stability that flowed from America’s New Deal, but they are irrevocably opposed to the independent trade unions and mass mobilization that were central to bringing it about. Estlund argues that the specter of an independent labor movement, seen as an existential threat to China’s one-party regime, is both driving and constraining every facet of its response to restless workers.

China’s leaders draw on an increasingly sophisticated toolkit in their effort to contain worker activism. The result is a surprising mix of repression and concession, confrontation and cooptation, flaws and functionality, rigidity and pragmatism. If China’s laborers achieve a New Deal, it will be a New Deal with Chinese characteristics, very unlike what workers in the West achieved in the last century. Estlund’s sharp observations and crisp comparative analysis make China’s labor unrest and reform legible to Western readers.

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A New Deal for Old Age
Toward a Progressive Retirement
Anne L. Alstott
Harvard University Press, 2016

As America’s haves and have-nots drift further apart, rising inequality has undermined one of the nation’s proudest social achievements: the Social Security retirement system. Unprecedented changes in longevity, marriage, and the workplace have made the experience of old age increasingly unequal. For educated Americans, the traditional retirement age of 65 now represents late middle age. These lucky ones typically do not face serious impediments to employment or health until their mid-70s or even later. By contrast, many poorly educated earners confront obstacles of early disability, limited job opportunities, and unemployment before they reach age 65.

America’s system for managing retirement is badly out of step with these realities. Enacted in the 1930s, Social Security reflects a time when most workers were men who held steady jobs until retirement at 65 and remained married for life. The program promised a dignified old age for rich and poor alike, but today that egalitarian promise is failing. Anne L. Alstott makes the case for a progressive program that would permit all Americans to retire between 62 and 76 but would provide more generous early retirement benefits for workers with low wages or physically demanding jobs. She also proposes a more equitable version of the outdated spousal benefit and a new phased retirement option to permit workers to transition out of the workforce gradually.

A New Deal for Old Age offers a pragmatic and principled agenda for renewing America’s most successful and popular social welfare program.

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Only One Place of Redress
African Americans, Labor Regulations, and the Courts from Reconstruction to the New Deal
David E. Bernstein
Duke University Press, 2001
In Only One Place of Redress David E. Bernstein offers a bold reinterpretation of American legal history: he argues that American labor and occupational laws, enacted by state and federal governments after the Civil War and into the twentieth century, benefited dominant groups in society to the detriment of those who lacked political power. Both intentionally and incidentally, claims Bernstein, these laws restricted in particular the job mobility and economic opportunity of blacks.
A pioneer in applying the insights of public choice theory to legal history, Bernstein contends that the much-maligned jurisprudence of the Lochner era—with its emphasis on freedom of contract and private market ordering—actually discouraged discrimination and assisted groups with little political clout. To support this thesis he examines the motivation behind and practical impact of laws restricting interstate labor recruitment, occupational licensing laws, railroad labor laws, minimum wage statutes, the Davis-Bacon Act, and New Deal collective bargaining. He concludes that the ultimate failure of Lochnerism—and the triumph of the regulatory state—not only strengthened racially exclusive labor unions but contributed to a massive loss of employment opportunities for African Americans, the effects of which continue to this day.
Scholars and students interested in race relations, labor law, and legal
or constitutional history will be fascinated by Bernstein’s daring—and controversial—argument.
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Pathways in Decentralised Collective Bargaining in Europe
Frank Tros
Amsterdam University Press, 2023
One of the main challenges in labour relations in Europe is the ongoing decentralisation of collective bargaining from national and sectoral levels to company levels. Decentralisation might be an answer to business needs in competitiveness and organisational flexibility. However, it risks erosion of collective bargaining structures, more inequality in employment conditions and fragmentation in trade unions’ powers. Based on recent qualitative research, this book shows high varieties across European countries and economic sectors in degrees, forms and impacts of decentralisation. The authors explore, in interdisciplinary and multi-level perspectives, continuity and change in regulating and practicing collective bargaining in France, Germany, Ireland, Italy, the Netherlands, Poland, Spain and Sweden. In cross-country comparisons, company case studies in manufacturing and retail show the divergent effects of national regimes and social partners’ power resources on trade unions’ strategies and influence in company bargaining.
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Rights at Work
Pay Equity Reform and the Politics of Legal Mobilization
Michael W. McCann
University of Chicago Press, 1994
What role has litigation played in the struggle for equal pay between women and men? In Rights at Work, Michael W. McCann explains how wage discrimination battles have raised public legal consciousness and helped reform activists mobilize working women in the pay equity movement over the past two decades.

Rights at Work explores the political strategies in more than a dozen pay equity struggles since the late 1970s, including battles of state employees in Washington and Connecticut, as well as city employees in San Jose and Los Angeles. Relying on interviews with over 140 union and feminist activists, McCann shows that, even when the courts failed to correct wage discrimination, litigation and other forms of legal advocacy provided reformers with the legal discourse—the understanding of legal rights and their constraints—for defining and advancing their cause.

Rights at Work offers new insight into the relation between law and social change—the ways in which grass roots social movements work within legal rights traditions to promote progressive reform.
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Rights on Trial
How Workplace Discrimination Law Perpetuates Inequality
Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen
University of Chicago Press, 2017
Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem.

On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress.
Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.
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Robert Koehler’s The Strike
The Improbable Story of an Iconic 1886 Painting of Labor Protest
James M. Dennis
University of Wisconsin Press, 2011

Every work of art has a story behind it. In 1886 the German American artist Robert Koehler painted a dramatic wide-angle depiction of an imagined confrontation between factory workers and their employer. He called this oil painting The Strike. It has had a long and tumultuous international history as a symbol of class struggle and the cause of workers’ rights. First exhibited just days before the tragic Chicago Haymarket riot, The Strike became an inspiration for the labor movement. In the midst of the campaign for an eight-hour workday, it gained international attention at expositions in Paris, Munich, and the 1893 Chicago World’s Fair. Though the painting fell into obscurity for decades in the early twentieth century, The Strike lived on in wood-engraved reproductions in labor publications. Its purchase, restoration, and exhibition by New Left activist Lee Baxandall in the early 1970s launched it to international fame once more, and collectors and galleries around the world scrambled to acquire it. It is now housed in the Deutsches Historisches Museum in Berlin, Germany.

            Art historian James M. Dennis has crafted a compelling “biography” of Koehler’s painting: its exhibitions, acclaim, neglect, and rediscovery. He introduces its German-born creator and politically diverse audiences and traces the painting’s acceptance and rejection through the years, exploring how class and sociopolitical movements affected its reception. Dennis considers the significance of key figures in the painting, such as the woman asserting her presence in the center of action. He compellingly explains why The Strike has earned its identity as the iconic painting of the industrial labor movement.
 
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Sport and the Law
Historical and Cultural Intersections
Samuel O. Regalado
University of Arkansas Press, 2014
This new collection examines not only how athletes looked to the nation’s judicial system to solve conflicts but also how their cases trans¬formed the interpretation of laws. These essays examine a vast array of social and legal controversies including Heywood v. NBA (1971), which allowed any player to enter the draft; Flood v. Kuhn (1972), which considered baseball’s antitrust status; the Danny Gardella lower level 1948 case regarding free agency and baseball; Muhammad Ali’s celebrated stance against the U.S. draft; Renée Richards’s 1976 lawsuit against the U.S. Tennis Association and its due process ramifications; and human rights violations in international law with respect to the increased recruitment of underage Latin baseball players in the Caribbean region are a few examples of the vast array of stories included. Sport and the Law links these cases to other cases and topics, giving the reader the opportunity to see the threads weaving law and sport together in American society.
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Strike for the Common Good
Fighting for the Future of Public Education
Rebecca Kolins Givan and Amy Schrager Lang, Editors
University of Michigan Press, 2020

In February 2018, 35,000 public school educators and staff walked off the job in West Virginia. More than 100,000 teachers in other states—both right-to-work states, like West Virginia, and those with a unionized workforce—followed them over the next year.  From Arizona, Kentucky, and Oklahoma to Colorado and California, teachers announced to state legislators that not only their abysmal wages but the deplorable conditions of their work and the increasingly straitened circumstances of public education were unacceptable.  These recent teacher walkouts affirm public education as a crucial public benefit and understand the rampant disinvestment in public education not simply as a local issue affecting teacher paychecks but also as a danger to communities and to democracy. 

Strike for the Common Good gathers together original essays, written by teachers involved in strikes nationwide, by students and parents who have supported them, by journalists who have covered these strikes in depth, and by outside analysts (academic and otherwise).  Together, the essays consider the place of these strikes in the broader landscape of recent labor organizing and battles over public education, and attend to the largely female workforce and, often, largely non-white student population of America’s schools.

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Struck Out
Why Employment Tribunals Fail Workers and What Can be Done
David Renton
Pluto Press, 2012

Every year, over a hundred thousand workers bring claims to an Employment Tribunal. The settling of disputes between employers and unions has been exchanged by many for individual litigation.

In Struck Out, barrister David Renton gives a practical and critical guide to the system. In doing so he punctures a number of media myths about the Tribunals. Far from bringing flimsy cases, two-thirds of claimants succeed at the hearing. And rather than paying lottery-size jackpots, average awards are just a few thousand pounds – scant consolation for a loss of employment and often serious psychological suffering. The book includes a critique of the present government’s proposals to reform the Tribunal system.

Employment Tribunals are often seen by workers as the last line of defence against unfairness in the workplace. Struck Out shows why we can't rely on the current system to deliver fairness and why big changes are needed.

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Suburban Sweatshops
The Fight for Immigrant Rights
Jennifer Gordon
Harvard University Press, 2007

Jorge Bonilla is hospitalized with pneumonia from sleeping at the restaurant where he works, unable to afford rent on wages of thirty cents an hour. Domestic worker Yanira Juarez discovers she has labored for six months with no wages at all; her employer lied about establishing a savings account for her. We live in an era of the sweatshop reborn.

In 1992 Jennifer Gordon founded the Workplace Project to help immigrant workers in the underground suburban economy of Long Island, New York. In a story of gritty determination and surprising hope, she weaves together Latino immigrant life and legal activism to tell the unexpected tale of how the most vulnerable workers in society came together to demand fair wages, safe working conditions, and respect from employers. Immigrant workers--many undocumented--won a series of remarkable victories, including a raise of thirty percent for day laborers and a domestic workers' bill of rights. In the process, they transformed themselves into effective political participants.

Gordon neither ignores the obstacles faced by such grassroots organizations nor underestimates their very real potential for fundamental change. This revelatory work challenges widely held beliefs about the powerlessness of immigrant workers, what a union should be, and what constitutes effective lawyering. It opens up exciting new possibilities for labor organizing, community building, participatory democracy, legal strategies, and social justice.

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Union by Law
Filipino American Labor Activists, Rights Radicalism, and Racial Capitalism
Michael W. McCann with George I. Lovell
University of Chicago Press, 2020
Starting in the early 1900s, many thousands of native Filipinos were conscripted as laborers in American West Coast agricultural fields and Alaska salmon canneries. There, they found themselves confined to exploitative low-wage jobs in racially segregated workplaces as well as subjected to vigilante violence and other forms of ethnic persecution.  In time, though, Filipino workers formed political organizations and affiliated with labor unions to represent their interests and to advance their struggles for class, race, and gender-based social justice.

Union by Law analyzes the broader social and legal history of Filipino American workers’ rights-based struggles, culminating in the devastating landmark Supreme Court ruling, Wards Cove Packing Co. v. Atonio (1989). Organized chronologically, the book begins with the US invasion of the Philippines and the imposition of colonial rule at the dawn of the twentieth century. The narrative then follows the migration of Filipino workers to the United States, where they mobilized for many decades within and against the injustices of American racial capitalist empire that the Wards Cove majority willfully ignored in rejecting their longstanding claims. This racial innocence in turn rationalized judicial reconstruction of official civil rights law in ways that significantly increased the obstacles for all workers seeking remedies for institutionalized racism and sexism. A reclamation of a long legacy of racial capitalist domination over Filipinos and other low-wage or unpaid migrant workers, Union by Law also tells a story of noble aspirational struggles for human rights over several generations and of the many ways that law was mobilized both to enforce and to challenge race, class, and gender hierarchy at work.
 
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Union Representation Elections
Law and Reality
Julius Getman
Russell Sage Foundation, 1976
Provides the first major effort to test the rules and regulations that underlie current practices in union elections and, at the same time, explores the role played by the National Labor Relations Board in regulating these elections. The book reports the findings of an empirical field study of thirty-one union representation elections involving over 1,000 employees to determine their pre-campaign attitudes, voting intent, actual vote, and the effect of the campaign on voting. It focuses on campaign issues, unlawful campaigning, working conditions, demographic factors, job-related variables, and other topics.
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Why Is Veteran Unemployment So High?
David S. Loughran
RAND Corporation, 2014
Between 2000 and 2011, younger veterans were more likely to be unemployed than younger non-veterans. This difference falls rapidly with age and time. The evidence supports the hypothesis that veteran unemployment reflects engagement in job search. There is little evidence that veterans are disadvantaged in the labor market. Limiting benefits to veterans might reduce the length of unemployment spells, but the budgetary effect is unclear.
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Workers against the City
The Fight for Free Speech in Hague v. CIO
Donald W. Rogers
University of Illinois Press, 2020
The 1939 Supreme Court decision Hague v. CIO was a constitutional milestone that strengthened the right of Americans, including labor organizers, to assemble and speak in public places. Donald W. Rogers eschews the prevailing view of the case as a morality play pitting Jersey City, New Jersey, political boss Frank Hague against the Committee for Industrial Organization (CIO) and allied civil libertarian groups. Instead, he draws on a wide range of archives and evidence to re-evaluate Hague v. CIO from the ground up. Rogers's review of the case from district court to the Supreme Court illuminates the trial proceedings and provides perspectives from both sides. As he shows, the economic, political, and legal restructuring of the 1930s refined constitutional rights as much as the court case did. The final decision also revealed that assembly and speech rights change according to how judges and lawmakers act within the circumstances of a given moment.
 
Clear-eyed and comprehensive, Workers against the City revises the view of a milestone case that continues to impact Americans' constitutional rights today.
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Writing for Hire
Unions, Hollywood, and Madison Avenue
Catherine L. Fisk
Harvard University Press, 2016

Required to sign away their legal rights as authors as a condition of employment, professional writers may earn a tidy living for their work, but they seldom own their writing. Writing for Hire traces the history of labor relations that defined authorship in film, TV, and advertising in the mid-twentieth century. Catherine L. Fisk examines why strikingly different norms of attribution emerged in these overlapping industries, and she shows how unionizing enabled Hollywood writers to win many authorial rights, while Madison Avenue writers achieved no equivalent recognition.

In the 1930s, the practice of employing teams of writers to create copyrighted works became widespread in film studios, radio networks, and ad agencies. Sometimes Hollywood and Madison Avenue employed the same people. Yet the two industries diverged in a crucial way in the 1930s, when screenwriters formed the Writers Guild to represent them in collective negotiations with media companies. Writers Guild members believed they shared the same status as literary authors and fought to have their names attached to their work. They gained binding legal norms relating to ownership and public recognition—norms that eventually carried over into the professional culture of TV production.

In advertising, by contrast, no formal norms of public attribution developed. Although some ad writers chafed at their anonymity, their nonunion workplace provided no institutional framework to channel their demands for change. Instead, many rationalized their invisibility as creative workers by embracing a self-conception as well-compensated professionals devoted to the interests of clients.

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