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Labor Law: Cases, Materials, and Problems, Ninth Edition

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Authors
  • Michael C. Harper
  • Samuel Estreicher
  • Kati Griffith
Series / Aspen Casebook Series
BOOKMARK
Book length
1188 pages
Publication Date
2021-09-15
Edition
Ninth Edition
Teaching Materials
NO
Description
Table of contents
Preface

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

The Ninth Edition of this widely used casebook maintains the problem-based emphasis of prior editions. Text is taken seriously but always in the full context of the attendant policy issues. The Trump Board’s decisions are addressed, alongside treatment of difficulties that will motivate change in the Biden years.

The coverage of current issues complements the casebook’s comprehensive and nuanced treatment of all the important law on a topic that has become central to contemporary debates about income and wealth divisions in the society. This treatment spans from the protection of concerted employee activity to the organizing process to the bargaining and implementation of collective agreements. It covers other important topics including the preemption of state law and interaction with antitrust and immigration law.

New to the Ninth Edition:

  • Coverage of the most salient and controversial issues posed by developments at the National Labor Relations Board over the past six years, including:
    • The independent contractor distinction, including the emerging “ABC” test
    • The joint employer debate
    • Defining appropriate bargaining units
    • The effects on protected concerted activity of neutral employer personnel rules and the Supreme Court’s endorsement of class action waivers in arbitration
    • The regulation of bargaining during the term of collective agreements
    • Board deferral to arbitration
  • As part of its contemporary focus, the Ninth Edition highlights past and current proposals to amend the National Labor Relations Act (NRLA), including those in the pending Protecting the Right to Organize Act (PRO Act)
  • The new edition’s Statutory Supplement aids discussion by including the PRO Act as passed by the House of Representatives this year and again presents the NLRA with easy to view indications of its evolution, as well as the other major statutes and examples of innovative collective bargaining agreements.

Professors and students will benefit from:

  • A book that consistently poses problems for students and gets deeply into factual issues and important points of law.
  • Careful editing of cases that preserves the decisional antecedents for the court’s action is a hallmark of the book.
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Table of Contents
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Preface
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About the authors
Michael C. Harper
Professor of Law and Barreca Labor Relations Scholar
Boston University School of Law

Michael C. Harper, Professor of Law and Barreca Labor Relations Scholar at Boston University School, is a leading authority in the area of labor, employment, and employment discrimination law. Professor Harper has been engaged by the study of these fields since joining the faculty in 1978. He stresses that the law governing employment is critical to the organization of society and the setting of social priorities. He notes that students are both motivated by the human narratives in litigated employment cases and also challenged by the complex laws and regulations governing the field.

Professor Harper has co-authored several major casebooks, both in Employment Discrimination and Employment Law and in Labor Law. He is the author of many law review articles and book chapters on a broad variety of labor and employment law topics, including age discrimination in employment, the scope of bargaining, consumer boycotts, and the allocation of decision-making authority between federal and state courts and between the Labor Board and private arbitrators. He has published in a wide array of journals, including the Harvard Law Review, the Yale Law Journal, the Virginia Law Review, the Pennsylvania Law Review, and the Michigan Law Review. One of his major recent articles, Judicial Control of the National Labor Relations Board's Lawmaking, was published in the Boston University Law Review.

Professor Harper is now serving as a reporter for the American Law Institute's Restatement of Employment Law. He is the primary author of a chapter that promises to clarify the boundaries of the employment relationship regulated by federal and state law. Early in his career, Professor Harper clerked for Judge J. Skelly Wright of the U.S. Court of Appeals for the District of Columbia Circuit and served as staff attorney and director of the Student Internship Program at the Center for Law and Social Policy in Washington, D.C.

In addition to teaching classes in labor law, employment law, and administrative law, Professor Harper offers a popular seminar examining law and sports and is now teaching civil procedure. A life-long connoisseur of American and English literature, he also has an interest in law and literature.

Samuel Estreicher
Dwight D. Opperman Professor of Law
New York University School of Law

Samuel Estreicher is Dwight D. Opperman Professor of Law at New York University School of Law, director of its Center for Labor and Employment and co-director of its Opperman Institute of Judicial Administration. He has published several books including casebooks in labor law and employment discrimination and employment law; written treatises in employment law and in labor law; edited global issues in labor law, global issues in employment law, global issues in employment discrimination law, and global issues in employee benefits law; edited conference volumes on sexual harassment, employment ADR processes, and cross-global human resources; and authored over 100 articles in professional and academic journals. He received his A.B. from Columbia College, his M.S. (Industrial Relations) from Cornell University and his J.D. from Columbia Law School, where he was editor-in-chief of the Columbia Law Review.

After clerking for the late Harold Leventhal of the U.S. Court of Appeals for the D.C. Circuit, practicing for a year with a union-side law firm, and then clerking for the late Lewis F. Powell, Jr. of the U.S. Supreme Court, Estreicher joined the NYU faculty in 1978. He is the former Secretary of the Labor and Employment Law Section of the American Bar Association, a former chair of the Committee on Labor and Employment Law of the Association of the Bar for the City of New York, and chief reporter of the new Restatement of Employment Law, sponsored by the American Law Institute. He has delivered named lectureships at UCLA, Chicago-Kent, Case Western and Cleveland State law schools, testified twice before Secretary of Labor Reichs and Secretary of Commerce Browns Commission on the Future of U.S. Worker-Management Relations, and has run over 100 workshops for federal and state judges, U.S. Department of Labor lawyers, NLRB lawyers, EEOC lawyers, court law clerks, employment mediators and practitioners generally. Among his many teaching offerings, he has started NYU Law's Supreme Court Litigation Clinic.

He is also of counsel to Jones Day in their labor and employment and appellate practice groups. His practice focuses on the wide range of issues affecting the employment relationship, including designing ADR systems, training supervisors for performance-based management and employee involvement initiatives, advising clients in OFCCP, EEO and labor relations compliance and representing clients in individual, global HR management, and class EEO and Wage and Hour litigation. Mr. Estreicher's appellate practice includes victory in the Supreme Court in the Circuit City v. Adams litigation, broadening the availability of employment arbitration; victory in the Second Circuit overturning an interest arbitration award in The Daily News litigation; and amicus representation (before the NLRB and in the Supreme Court) of the American Civil Liberties Union, Cato Institute, the Center for Public Resources, DaimlerChrysler, Ford, GM, the US Chamber of Commerce, the Society for Human Resources Management, the National Association of Manufacturers, the Black Alliance for Educational Options, the American Jewish Committee, and the Council for Employment Law Equity.

Mr. Estreicher is also a member of the arbitration/mediation panels of the American Arbitration Association and Center for Public Resources, and is a Fellow of the College of Labor and Employment Lawyers. He has been recognized in Human Resources Executive, Superlawyers and Best Lawyers in America publications.

Kati L. Griffith
Associate Professor of Labor & Employment Law
Cornell ILR School

Kati Griffith is the Jean McKelvey-Alice Grant Professor of the Labor Relations, Law, & History Department at Cornell's ILR School. She is also an associate member of the Cornell Law Faculty. A Research Fellow affiliated with NYU’s Center for Labor & Employment Law, Griffith's scholarship focuses primarily on the intersection of immigration and workplace law and legal issues affecting low-wage workers. She has published in the California Law Review, the Cornell Law Review, and the Law & Social Inquiry Journal, among others.

She has received Cornell ILR MacIntyre Awards for Exemplary Teaching (2010 & 2015), a Robert Stern Award for Teaching and Mentoring (2019), and has been selected three times as the Most Influential Faculty Member by Merrill Presidential Scholars. In 2018, Griffith was named a Stephen H. Weiss Junior Fellow, Cornell's highest teaching award for Associate Professors.

Griffith joined Cornell in the Fall of 2007 after completing a Skadden Fellowship as a Staff Attorney at the Workers’ Rights Law Center of New York, Inc. in New York’s Hudson Valley. Prior to the Skadden Fellowship, Griffith served as a Law Clerk for the Honorable Rosemary S. Pooler in the U.S. Court of Appeals for the Second Circuit.

She is a cum laude graduate of NYU School of Law, where she was a Root Tilden Public Interest Scholar, received the Sol D. Kapelsohn Prize for highest excellence in writing in the field of labor law, and served as the Editor-in-Chief of the N.Y.U. Review of Law and Social Change. Before earning her J.D. from NYU, Griffith conducted research on women workers and labor law in Mexico as a Rotary Scholar and in El Salvador as a Fulbright Scholar.

Product Information
Edition
Ninth Edition
Publication date
2021-09-15
Copyright Year
2022
Pages
1188
Connected eBook + Hardcover
9781543800913
Connected eBook (Digital Only)
9781543845952
Subject
Labor Law
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