The dominant agency-cost paradigm for the analysis of corporate law is based on the proposition that the welfare of society is best met by rules which minimise the costs of production through the corporate form. This is typically interpreted to mean that the agency costs of shareholders should...

As the economies are becoming knowledge intensive and industries are encountering hypercompetitive technology environments, and the markets undergoing large scale globalization with firms experiencing wild fluctuations in financial performance, firm governance structure and the functioning of...

This paper offers a critical evaluation of the notion of collective voice, advanced by Freeman and Medoff (1984) in their pioneering contribution What Do Unions Do? It takes note of theoretical and empirical work supportive of/consistent with the collective voice/institutional response model,...

This paper investigates the interaction between establishment-level codetermination and industry-level collective bargaining in Germany. Based on a simple bargaining model we derive our main hypothesis: In establishments covered by collective bargaining agreements works councils are more likely...

The labor economics literature has shown that the "efficient bargaining" model, in which wage and employment are negotiated simultaneously, is less frequently used on unionized markets than the less efficient "right-to-manage" model, in which wage is determined via bargaining and employment...

In his forthcoming Virginia Law Review article, "Information and the Market for Union Representation", Professor Matthew Bodie asserts the NLRB's model fails to ensure the inclusion of sufficient relevant information. Offering a purchase of services paradigm as an alternative way to understand...

There are two divergent views on the role of public sector collective bargaining in American law. The first, and generally older, view is that public sector collective bargaining undermines democratic government, allowing organized employees to interfere with the administration of the law for...

The National Labor Relations Act is among the most important statues even enacted. At its core is the right to strike, which its drafters positioned at the center of a system of labor rights aimed at diminishing the pervasive exploitation and steep inequality that are endemic to modern...

This article proposes a new theoretical framework - the strategic dynamic certification model - to explain how union certification processes operate. Statutory certification procedures are not neutral. Instead, they produce particular incentives, disincentives, and opportunities for employers,...

One of the fundamental features of the legal regime of collective labour relations in North America lies in bestowing, by law, a monopoly of exclusive representation upon the trade union that wins the endorsement of the majority of employees.An analogy between this type of organization and our...