The gig economy, precarious work, and nonstandard employment have forced labor law scholars to rethink their discipline. Classical remedies for unequal power, capabilities approaches, "third way" market regulation, and laissez-faire all now vie for attention - at least in English. Despite a deep history of labor activism, Latin American scholarship has had scant presence in these debates. This book introduces to an English-language audience another approach: principled labor law, based on Latin American perspectives, using a jurisprudential method focused on worker protection. The authors apply this methodology to the least likely case of labor-protective jurisprudence in the industrialized world: the United States. In doing so, Gamonal and Rosado focus on the Thirteenth Amendment as a labor-protective constitutional provision, the National Labor Relations Act, and the Fair Labor Standards Act. This book shows how principled labor law can provide a clear and simple method for consistent, labor-protective jurisprudence in the United States and beyond.
The gig economy, precarious work, and nonstandard employment have forced labor law scholars to rethink their discipline. Classical remedies for unequal power, capabilities approaches, "third way" market regulation, and laissez-faire all now vie for attention - at least in English. Despite a deep history of labor activism, Latin American scholarship has had scant presence in these debates. This book introduces to an English-language audience another approach: principled labor law, based on Latin American perspectives, using a jurisprudential method focused on worker protection. The authors apply this methodology to the least likely case of labor-protective jurisprudence in the industrialized world: the United States. In doing so, Gamonal and Rosado focus on the Thirteenth Amendment as a labor-protective constitutional provision, the National Labor Relations Act, and the Fair Labor Standards Act. This book shows how principled labor law can provide a clear and simple method for consistent, labor-protective jurisprudence in the United States and beyond.
Sergio Gamonal C. is Professor of Law at Adolfo Ibáñez University in Chile. César F. Rosado Marzán is Associate Professor of Law and Co-Director of the Institute for Law and the Workplace at the Chicago-Kent College of Law at the Illinois Institute of Technology.
"These authors have carried out a highly original and innovative work of comparative labour law, which has both an integrative and a critical purpose. Its achievement is to distil a set of core principles from the labour law systems of Latin America, and to use them as the basis of a critique of USA labour law.By so doing, they have fulfilled the very valuable function of making Latin American labour law more visible and accessible to a worldwide English-speaking readership. We are proud to have had the opportunity to encourage the publication of this important book." Alan Bogg, Anne Davies, Keith Ewing, Mark Freedland- Series Editors of the OUP Labour Law Series, 10/09/2019
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