Summary: The Rush McKnight Labor Law Lecture
Is workplace self-governance a New Deal idea whose time has passed? Or is it a solution to pressing contemporary problems?

As union representation and collective bargaining have declined, employment regulations, rights, and litigation have proliferated. In response, firms have put in place internal compliance and dispute resolution systems that aim to, and sometimes do, deflect regulation and litigation. If employees continue to be shut out of these self-regulatory systems, the result may be a disguised form of deregulation. But if employees can gain an effective voice in these systems, the result could be improved regulation and a revival of workplace self-governance.

Professor Estlund is a leading scholar of labor and employment law, and has written extensively on the relationship between the workplace and democracy. In much of her recent work (“The Ossification of American Labor Law,” Columbia Law Review 2002; “Rebuilding the Law of the Workplace in an Era of Self-Regulation,” Columbia Law Review 2005, and a current book project), she chronicles the current crisis of workplace governance brought about by the decline of collective bargaining and the shortcomings of both regulation and litigation, and charts a potential path out of that crisis. In her book Working Together: How Workplace Bonds Strengthen a Diverse Democracy (Oxford University Press 2003), she argued that the workplace is a site of both comparatively successful integration and intense cooperation and sociability, and explored the implications for democratic theory and for labor and employment law. Other writings focus on freedom of speech and procedural fairness at work; diversity, integration, and affirmative action; the significance of property rights in labor law. In addition to courses in labor and employment law, Estlund teaches the basic property course.

Duration : 0:58:18

Recommended Reading

• Conflict in Workplace: Your Good People Quit
• Diversity. What does it Really Mean?
• What do you think you’re worth?
• How to Handle Backstabbers at Work: five keys to manage their bad behavior
• The Complete Guide to Conflict Resolution in the Workplace

Technorati Tags: Case, Center, CISCDR, Conflict, Cynthia, dispute, Estlund, Interdisciplinary, labor, Law, Reserve, resolution, School, Self-Governance, Study, unionization, unions, University, Western, Workplace

Social Transformation, Social Justice, Human Rights, Coalition, Doing Things Together, Dialogue, Gift Giving, Traditional Minimalist Model, Reaching Out, Mutual Respect, Equality, Mutual Non-Interference, Reciprocity, Mutual Benefit, Peaceful Coexistence, Social Justice, Acceptance, Tolerance, Infralegal, extralegal, paralegal, metalega, customs, customary, norms, traditions, self-redress, contests, go-between, oath, restoration, mobilize public opinion, shaman, oracle, babaylan, community action, moots, headpersons, headman, headwoman, tribal council, peace pipe, tribal council, council of elders, patriarchy, patriarchal,

apology, forgiveness, amnesty,

negotiation, ICRC model, Nego Panel, NGO, enquiry, mediation, third neutral party, conciliation, good offices, avoidance, Ritual, Ordeal, Contest, Shaman, Babaylan, Negotiation, Enquiry, Inquiry, Mediation, Conciliation, Arbitration, International Arbitration, Adjudication, Courts, domestic, municipal, regional, international, norms, sanctions, law, international human rights law, international humanitarian law, Adjudication, Judicial Decision, Measures Short of War, Armed Conflict, non-violent conflict, internal troubles and tensions, Boycott, Embargo, Armed Conflict, Conspiracy, Internal Troubles and Tensions, Sporadic Acts of Violence, interpersonal conflict, banditry,, feuding, ethnic conflict, revolution, warfare, crime, individual violence, revenge

Raiding, sporadic acts of violence, large-scale violence, Civil War, Non-International or Internal Armed Conflict, War, National Liberation War

Gabriela Silang, Tandang Sora

inter-state war, intra-regional war, inter-regional war, continental war, global war

Non-western, interdisciplinary, anthropology, education, law, international human rights law, international humanitarian law, law of war, humane law, Law of Geneva, Law of the Hague, Philosophy, Political Science, Public International Law, Sociology, Theology, World Politics

Structural Functionalism, Consensus Theory, Conflict Perpective, Symbolic Interactionism, Holism, Interactive Model, Interpretations, Dialectical Historical Materialism, Win-Win, Win-Lose, Lose-Win Lose-Lose Strategies, Pro-Active, Proactive, Reactive settlement of conflict

Duration : 0:8:47

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• Conflict in Workplace: Your Good People Quit
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• How to Deal with Difficult People at Work
• Do You Earnestly Believe That It’s The Apparent Workplace Conflict That’s Derailing Your Company’s Sales?
• The Complete Guide to Conflict Resolution in the Workplace

Technorati Tags: Alternative, Conflict, dispute, Feminism, Feminist, gender, mediation, Post-Colonial, resolution, Third, Women, world

Duration : 0:5:45

Recommended Reading

• Conflict in Workplace: Your Good People Quit
• A Special Cost of Conflict Calculator Can Demonstrate The Urgency of Facing Workplace Conflict in The Company
• How to Deal with Difficult People at Work
• Do You Earnestly Believe That It’s The Apparent Workplace Conflict That’s Derailing Your Company’s Sales?
• The Complete Guide to Conflict Resolution in the Workplace

Technorati Tags: Business, Conflict, dispute, resolution

Duration : 0:4:3

Recommended Reading

• Conflict in Workplace: Your Good People Quit
• A Special Cost of Conflict Calculator Can Demonstrate The Urgency of Facing Workplace Conflict in The Company
• How to Deal with Difficult People at Work
• Do You Earnestly Believe That It’s The Apparent Workplace Conflict That’s Derailing Your Company’s Sales?
• The Complete Guide to Conflict Resolution in the Workplace

Technorati Tags: Business, business link, businesses, businesslink., dispute, disputes, mediation, workplace disputes

Duration : 0:1:39

Recommended Reading

• Conflict in Workplace: Your Good People Quit
• Diversity. What does it Really Mean?
• What do you think you’re worth?
• How to Handle Backstabbers at Work: five keys to manage their bad behavior
• The Complete Guide to Conflict Resolution in the Workplace

Technorati Tags: ADR, alternate, Conflict, conversation, difficult, discrimination, dispute, employee, employer, employment, manager, mediation, People, resolution, supervisor, Training, work, Workplace

Duration : 0:0:31

Recommended Reading

• Conflict in Workplace: Your Good People Quit
• Diversity. What does it Really Mean?
• What do you think you’re worth?
• How to Handle Backstabbers at Work: five keys to manage their bad behavior
• The Complete Guide to Conflict Resolution in the Workplace

Technorati Tags: Business, Communications, Conflict, contract, discrimination, dispute, employment, harrasment, mediation, sexual, Workplace