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Table of Contents Preface Abbreviations Part I: Workplace Law and Public Policy XXX Chapter 1. The Goals and Assumptions of Workplace Law and Public Policy: The Need for Explicitness Explicit Objectives. Explicit Models. Explicit Reform. Workplace and Public Policy XXX. Chapter 2. The Evolution of U.S. Workplace Law and Public Policy: A Tapestry of Hidden Assumptions The Old Deal: Free Markets and Contracts Between Equals. The New Deal: Balancing Power Through Labor Unions and Fair Labor Standards. The Employment Law Era: Human Resource Management and Individual Rights. The Global Era: Free Trade and Personal Responsibility. Hidden Assumptions, Conflicting Assumptions Part II: An Explicit Scorecard for Workplace Law and Public Policy Chapter 3. Efficiency The Efficiency Scorecard. Globalization. Technology and Skills. Flexibility. Employee Benefits. Administrative Burdens of the Litigation Enforcement Model. Conclusion. Chapter 4. Equity Balancing Work and Non-Work Needs. A Living Wage. Balanced Income Distributions. Security and Social Safety Nets. Nondiscrimination and Fairness. Good Cause Dismissal. Nonstandard Work Arrangements. Conclusion. Chapter 5. Voice Employee Free Speech. Individual Self-Determination. Consultation, Codetermination, and Social Dialogue. Countervailing Collective Voice. Conclusion Part III: Creating Coherent Laws and Public Policies on Work Chapter 6. A Pluralist Manifesto for Workplace Law and Public Policy Analytical Insights, Normative Concerns. The Need for a Principled System of Workplace Law and Public Policy. A Pluralist Manifesto for Regulating the Employment Relationship. Chapter 7. Promoting Efficiency International Labor Standards. Training Programs. Flexibility. Weakening the Ties that Bind: Employee Benefits. A Coherent Body of Workplace Law. Promoting Efficiency. Chapter 8. Achieving Equity Balancing Work and Non-Work Needs. A Living Wage. Balanced Income Distributions. Security and Social Safety Nets. Nondiscrimination and Fairness. Good Cause Dismissal. Nonstandard Work Arrangements. Achieving Equity. Chapter 9. Facilitating Voice Employee Free Speech. Individual Self-Determination. Consultation, Codetermination, and Social Dialogue. Countervailing Collective Voice. Facilitating Voice. Chapter 10. Bringing Workplace Law and Public Policy Into Focus, and Balance 000 The Difficulty of Legislative Reform. On What Level? Local, State, National, and International Reforms. Paying for (Im)Balance. Working Out a Balance. Notes 000 Bibliography 000 About the Authors 000 Index 000
Stephen F. Befort is the Gray, Plant, Mooty, Mooty, and Bennett Professor of Law at the University of Minnesota Law School. He is the author of Employment Law and Practice, Second Edition (2003). John W. Budd is the Industrial Relations Land Grant Chair at the University of Minnesota's Carlson School of Management. He is the author of the award-winning Labor Relations: Striking a Balance (2006).
"Invisible Hands, Invisible Objectives demonstrates well the need to embrace explicit objectives and models of the employment relationship to understand, analyze, study, and reform workplace law and public policy. It also clearly shows what can be gained from such an approach. The book is aimed at a wide audience and is highly readable but at the same time fulfills the prerequisites of an academic textbook. It could be used for university courses at undergraduate and postgraduate levels as well as in labor education in the United States and abroad ... This text will be an excellent resource for teaching comparative industrial relations for advanced law students, as the underlying theoretical concept is very appealing and easily applicable for comparative purposes." - Martin E. Riask, Labor Studies Journal "The book is a model of interdisciplinary scholarship, seamlessly blending the disciplines of law, economics, and public policy, along with a sprinkling of international human rights and comparative law, to focus on the 'big picture' of labor and employment law in the United States ... Invisible Hands, Invisible Objectives creates and applies a framework to make discourse about the future of American employment policy more intelligent, more comprehensive, more honest, and more constructive." - Laura J. Cooper, Chronicle "Professors Befort and Budd offer specific policy recommendation that would balance workplace law and public policy's three objectives - efficiency, equity, and voice. Even if the reader does not finally agree with the book's recommendations for reform, he or she will no doubt find use in the author's clear and open discussion of what is often left unsaid about the goals and models of workplace law." - Harvard Law Review "Written for policymakers and scholars, this volume shows how the current global financial crisis affects free market ideologies, and how employment relationships in the United Sates need to be reworked in terms of regulations and economic efficiency." - Book News "Invisible Hands, Invisible Objectives offers a values-driven analysis of workplace law and policy and a timely blueprint for reform. Budd and Befort's conceptual framework will be an important tool for scholars and students seeking to make sense of the existing crazy-quilt patchwork of work law, and for policymakers committed to a regulatory ideal of 'employment with a human face.'" - Marion G. Crain, Washington University School of Law