Re: sayles movie
Magic realism or fantasy in one form or another has been a factor in most John Sayles films. The most obvious example was "Brother From Another Planet." It would be possible to bypass its role in "Men with Guns", but I think that would be a mistake. The device of the mother telling the story to her daughter that appears throughout the film and is wrapped up at the end reminds us periodically that something out of the ordinary is happening in this story. It seemed fairly clear that each of the characters is more or less an archetype. That said, they also have some very human and at times amusing interactions. The doctor's relationship with the American tourists is the best example of this. Their interactions reveal that the tourists -- for all their gauchery -- actually know more about what is really happening in the country than the highly insulated doctor. Other events make it fairly clear that the doctor is truly an alien in his own country. It also seemed to be a nice twist at the end to realise that the doctor was not the central character but merely a device to save and bring the central character to his destiny. There is a lot of ambiguity in the film - like life - so there's lots of room to discuss / argue its meaning and merits. Ellen Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
Re: Section 7(a)
There are a few sources for information on these events that have not so far been mentioned. James Gross (Cornell labor historian) has written a multi-volume history of the NLRA and NLRB. Jim Pope (Rutgers Law school) is currently doing an analysis of s.7(a). And related but slightly off topic: Daniel Ernst (Georgetown law / history) wrote Lawyers Against Labor about two years ago. It looks at influences on the drafting of the NLRA. Another who has written recently on this era include Thomas Kohler at Boston College Law School. Jack Getman (Texas Law School) has what should be a very interesting book coming out through Cornell called The Betrayal of Local 14 -- about the Paperworkers strike at Jay, Maine. Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
Bronfenbrenner
Thank you for your support. We have received nearly a thousand endorsements. Based on these we have put our a press release and expect coverage on this situation. We have also sent the material to the congressional representatives who attended and called the Town Hall meeting at which Kate Bronfenbrenner spoke and which led to the defamation suit. We are no longer taking signatures. Now I need to ask a favor. If you sent the original request for endorsements to someone, would you please follow up with this thanks and also a notice that we are not taking more signatures. My system is receiving about 150 or more emails a day now with no sign of let up. This has the potential to shut it down. So please help me out on this. Best, Ellen Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
Follow up on Kate Bronfenbrenner (fwd)
We have had an enormous outpouring of support for Dr. Bronfenbrenner. At this point, we don't need further endorsements. We will be going to the media today (Wednesday, February 23, 1998) with the petition and the hundreds of endorsements. We will try to provide updates as newsworthy events transpire. Thanks, Ellen Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
Kate Bronfenbrenner
We urge our colleagues to join with us in protesting Beverly Enterprises' attack on Dr. Kate Bronfenbrenner's academic freedom and first amendment rights. Michal Belknap, Professor of Law, California Western School of Law Clete Daniel, Professor of American Labor History, School of Industrial and Labor Relations, Cornell University Ellen Dannin, Professor of Law, California Western School of Law Julius Getman, The Earl E. Sheffield Regents Chair and Professor of Law,University of Texas Law School and former President, American Association of University Professors Lois S. Gray, Alice Grant Professor of Labor Relations, NYSSILR, Cornel University Harry C. Katz, The Jack Sheinkman Professor of Collective Bargaining, NYSSILR, Cornell University Risa Lieberwitz, Associate Professor, School of Industrial and Labor Relations,Cornell University Richard Lempert, Francis A. Allen Collegiate Professor of Law and Chair of the Department of Sociology, University of Michigan Sanford Levinson, W. St. John Garwood W. St. Garwood, Jr. Centennial Chair, University of Texas Law School Deborah Malamud, Professor of Law University of Michigan School of Law Ray Marshall, former Secretary of Labor Scott Powe, Anne Green Regents Chair, University of Texas Law School James Rundle, Labor Education Coordinator, Industrial Labor Relations Conference Center The statement, including background information, is set forth below. If you are willing to add your name to the Statement of Protest, please e-mail Ellen J. Dannin at [EMAIL PROTECTED] Please add my name to the Statement of Protest: Name: Title for identification purposes: Address: Phone number: Email address: -- Statement of Protest On February 9, 1998, Beverly Enterprises, a company with a deplorable record in labor relations matters filed a defamation suit in federal court against Dr. Kate Bronfenbrenner. Dr. Bronfenbrenner is well-respected academic who has done important research on a variety of labor issues. Beverly seeks both compensatory and punitive damages. With the complaint, Beverly's attorneys, Pietragallo, Bosick Gordon of Pittsburgh, Pennsylvania, and Walter Haverfield, of Cleveland, Ohio, served a massive request for production of documents. Among the documents requested, Beverly seeks copies of all documents and confidential survey data relating to Dr. Bronfenbrenner.'s research on union and employer behavior in union organizing campaigns. It also seeks documents concerning Cornell's policies concerning the faculty research, speeches, presentations, lectures and seminars. The circumstances and background of this suit make clear that this is a thinly veiled attack on Dr Bronfenbrenner's academic freedom and her rights under the first amendment. The lawsuit is based on remarks made by Dr Bronfenbrenner at a May 19, 1997 Congressional Town meeting sponsored by several western Pennsylvania congressional representatives and Rep. Lane Evans (D-Ill). They were joined by Senator Arlen Spector (R-PA). The meeting was called for the express purpose of investigating Beverly's employment policies. Beverly is one of the country's largest nursing home chains. Four days before the Town Hall meeting, Rep. Lane Evans had introduced the Federal Procurement and Assistance Integrity Act (HR 1624), which would give the labor secretary the authority to debar or suspend companies from receiving federal contracts if they have a clear pattern or practice of violations of the National Labor Relations Act, the Occupational Safety and Health Act, or the Fair Labor Standards Act. Of the more than 750 nursing homes Beverly Enterprises operates, 42 are in Pennsylvania. Beverly is defending itself from hundreds of unfair labor practice complaints brought by the National Labor Relations Board. It also has been identified by the U.S. General Accounting Office as a serious labor law violator. In January 1993, the NLRB issued its decision in Beverly I, finding that the chain had committed some 135 unfair labor practices at 32 facilities in 12 states between mid-1986 and mid-1988. Two other Administrative Law Judge decisions found Beverly had committed additional unfair labor practices between mid-1988 and early 1992 at a number of nursing homes. In the most recent Beverly decision issued November 26, 1997, NLRB Administrative Law Judge Robert Wallace found that Beverly's "wide-ranging and persistent misconduct, demonstrat[ed] a general disregard for the employees' fundamental rights." Dr. Bronfenbrenner's testimony at the meeting presented the results of her past decade's research concerning union organizing. Based on her studies, she concluded: "Beverly stood out in my findings, both for the high level of union activity at
Re: union free
On Wed, 11 Feb 1998, Doug Henwood wrote: I got a flyer in yesterday's mail announcing a series of seminars on "How To Stay Union-Free into the 21st Century" (printed with "UNION FREE" in red in what looks like 96- or 100-point type, in contrast with the rest of the phrase, which was merely in 30-point black type). It's sponsored by Executive Enterprises of New York, along with the law firm of Jackson, Lewis, Schnitzler, and Krupman, and will be offered in 8 U.S. cities and Toronto this spring. Take a look at Confessions of a Union Buster for some idea of what they would talk about. The general scuttlebutt is that they tell employers to violate the law, that it is cost-effective, and then give them specifics as to how to do it. Evidence would tend to suggest that this might be the case, since one sees a wave of tactics pass through during a particular time period. If this is the case - that they are advising employers to violate the law - they would certainly want to keep these sessions close: they could be disbarred. Plus telling folks that these are super- top secret probably makes them seem more enticing. The Practicing Law Institute publishes a Jackson, Lewis, Krupman book called, " Winning NLRB Elections: Management's Strategy and Preventative Programs." They also have a reputation as a union-busting firm that has allied itself with non-attorneys who do not risk disbarment if they advise breaking the law. Has anyone ever been to one of these things? What are these secret tactics? Has anyone ever written up one of these things? Any volunteers to infiltrate it for LBO (sorry, we can't cover the $1,500 "tuition" fee)? It would be interesting for the Right person to infiltrate. It would obviously have to be a man, someone who of a hail fellow well met variety. Ellen Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
Re: Ecology and the American Indian
A visit to Cahokia (across the river from St. Louis) is fascinating in and of itself and also for the evidence it provides that the large number of residents there overused the local resources, which then led to its decline. There may have been other factors, such as climate, but the decline took place sufficiently recently -- i.e. just before contact -- that climate records should be sufficiently revealing to decide whether this was a factor. Just as it's wrong to assume that an Indian is an Indian with no variations, it is also wrong to assume that all there is to the Judaeo-Christian tradition can be summed up in one sentence of Genesis. Other parts of the bible make it clear that parts of a field had to remain unharvested and that every seventh year the land had to be allowed to rest. It was forbidden to cut down fruit trees in time of war, for example. Not paying workers on a daily basis was a crime against the community because it could lead to poverty and anti-social behaviour. There were lots of rabbinic exegeses on these and other points which expanded the protections. There is a whole line of analysis on baalei chayot - the pain of living things - and of the demand that humans not cause pain to animals or other living things. How much or how little individuals observed these is open to debate, just as it seems likely that not all Indians, even members of a very ecologically oriented tribe, likely behaved in a fully reverent way towards nature. Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
re: Analyzing Technologies
On Mon, 29 Dec 1997, Louis Proyect wrote: * * * I have to confess that the discussion about "technology" sort of baffles me since it seems detached from the broader question of how society is organized. There is no question that automation of blue-collar and white-collar work has led to increased misery under capitalism. And not just amongst the workers who are hired to do the work. Now technology is making us all do the work -- unpaid at that. Last night while calling to check on some flight details, the automated phone system first put me through trying to figure out whether I fell into the "press or say 1" or "press or say 2" category as we went through the menu (and I knew I did need to speak to a real person), I was put on hold because there weren't nearly enough people working to handle the customers (thanks probably to "right sizing"). I couldn't even mark exams while on hold - something I am avoiding at this second - because I had to be a captive audience for their ads. And this is not the only place in which we all are doing unpaid work for corporations as they use technology to turn us all into their virtual staffs. Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101
Re: Pen-l's Dannin writes!
On Sun, 21 Dec 1997, Tom Walker wrote: Ellen Dannin wrote, Suppose you were an employer whose employees were represented by a union. Now suppose that the labor laws you bargain under state that when the parties reach an impasse, you, the employer, get to impose your final offer. What would you do? -- snip -- The best that unions can do under this system is make concessions in an effort to show that the parties are not at an impasse. Ellen's article raises important questions about labor laws in the U.S. but it also begs important questions about union strategy in the face of those labor laws. I can think of at least two alternatives to making concessions: civil disobedience and organizing for insurrection. Actually, I (Ellen) can think of a lot more alternatives. But you have to realise that this was written to be an op-ed piece, not a treatise on ways to deal with this particular issue. The piece was geared to be readable and comprehensible (in 600-800 words) by a general audience. I write all sorts of pieces geared to all sorts of audiences. Each has its advantages and limits. Before you attack what I wrote in this very short piece with the assumption this is all there is, why don't you do me the kindness of either read the other more scholarly things I've written on this issue (there are 4-5 out there) and / or ask me what the rest of my thoughts are on it. I'll warn you, though, that each of these is also limited, even though some are at about 20,000 words. Admittedly, neither of these is easy or guarantees a favourable collective agreement. But doesn't compliance with bad law invite more of the same? The real problem in this area is not that there is compliance with bad law but that no one is writing about it or doing research on it or raising a ruckus about it or even recognising that it is a problem. We're at a very basic level with this issue. Tom Kochan of MIT is typical. He told me this problem doesn't exist. Look through every IR book out there and see how much space is dedicated to discussing this issue. The answer is 0. Even unions and others I know who deal with this problem in bargaining have yet to face up to its pernicious effect. That this is the case raises fascinating questions about why this is happening. Kind regards, e Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
Re: the superiority of economics ...
On Fri, 12 Dec 1997, James Devine wrote: * * * Lately, I've been wondering about the social-psychological basis of these claims of "superiority." Why make this kind of outrageous claim at all? Is it because we're working at a liberal arts college and have to rub shoulders with all sorts of theologians, social scientists, etc.? does our department's status at the bottom of this University's hierarchy invoke feelings of inferiority that encourage such assertions? But I feel that economists as a profession feel superior to non-economists. * * * any thoughts? William Jay Gould in "The Mismeasure of Man" argues that this tendency to quantify and rank human beings, with the instrument for measurement being defined to the measurer's advantage and measuree's disadvantage, is a persistent feature of at least European thought. And it seems to me that lawyers are patently superior. After all, our standard of analysis is so complex, all embracing, and difficult to penetrate for the uninitiated (more work for lawyers is our mantrum) that it defies quantification. Plus we have the best jargon. Quasi in rem jurisdiction anyone? Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
Re: contingency
On Tue, 2 Dec 1997, Doug Henwood wrote: Continuing a discussion from several months ago, the opening of a BLS news release published today. The full text is on the BLS web site at http://stats.bls.gov/news.release/conemp.toc.htm. I welcome discussion as to what it all means. Doug Doug, several months ago I noticed the first business articles suggesting some disenchantment with the contingent workforce. To now, most articles in the business press has suggested that all aspects of the contingent workforce are wholly positive. The critical pieces focused on two problems: the problem of dishonesty and outright theft by contingent workers because they have no commitment to the job and the inability of contingent workers to do as good a job as regular employees and as draining work resources because they need guidance as to how to perform their jobs. Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
Re: Global Financial Crisis II
On Fri, 28 Nov 1997, Doug Henwood wrote: It's magic: lower incomes + higher labour force participation = a lower rate of unemployment. This precisely confirms the right-wing nostrum that there is no such thing as involuntary unemployment. At a low enough wage, there is a job for everyone who wants to work. Kick out the "barriers" to "labour flexibility" and unemployment will fall. The "right-wing" analysis is not entirely untrue. Provide no welfare state, or dismantle an existing one, and you can force lots of people to work any kind of crappy job at any kind of crappy wage. The problem with this isn't its untruth but its brutality. Anecdotal evidence at least from New Zealand's experience with the Employment Contracts Act 1991 would seem to confirm what Doug is saying. At least in its early days as employers were dismantling penalty rates (overtime, shift premiums, etc) workers were lining up for no-wage, experience-only jobs. The problems was especially acute for younger workers for whom the law provided NO minimum wage. By 1993, even the conservative National Government, the author of the law, recognized that conditions were so bad they had to enact a Youth Minimum Wage. I have copies of some contracts that, aside from wages, provide some amazing provisions. My personal favorite is the contract that exists minute to minute and can be terminated at any time. One can only speculate about the meanness of the company that would want to employ its workers in this way and the conditions of the workers that makes them willing to accept this. Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
New Zealand Employment Contracts Act
Symposium on the New Zealand Employment Contracts Act The California Western International Law Journal is publishing a special symposium issue that will explore the impact of the New Zealand Employment Contracts Act of 1991 (ECA) on labor relations both in New Zealand and abroad. The authors in the symposium include a wide range of New Zealand employer representatives, labor leaders, jurists, as well as leading New Zealand academics in the fields of law, industrial relations, and economics. In addition several articles by United States and Australian authors provide an international perspective on the ECA. The ECA has been the subject of international attention and controversy. The following are some opinions on the ECA: "If we pay attention to the experiment known as the ECA, we are confronted with fundamental questions. How can and should work in modern society be organised? Why do or should unions exist? How must and should labour law be drafted?" - Ellen J. Dannin, Working Free: The Origins and Impact of New Zealand's Employment Contracts Act "[The draft ECA] is designed to ensure that New Zealand has an industrial system that will allow workers to enjoy genuine increases in living standards and that will increase productivity. It is designed to take New Zealand away from the adversarial mentality of the nineteenth century" - National Minister of Commerce Philip Burdon, Parliamentary Debates on the ECA "So, it comes down to what we want as a society. Do we want a society that has a great spread of incomes so you have very poor or very wealthy, or do we want a society which treats everybody with some respect and dignity. And if we want to treat everybody with some dignity, then I think the state has to intervene on behalf of those who are less powerful and the most open to exploitation, the most vulnerable in society." - Service Workers Union National Secretary Rick Barker, first anniversary of the ECA Introduction by Ellen Dannin, California Western School of Law Contributors: Gordon Anderson Business School, Victoria University of Wellington Anne Boyd New Zealand Council of Trade Unions Brian EastonEconomic And Social Trust On New Zealand Richard Epstein University of Chicago Law School Maxine Gay New Zealand Trade Union Federation Malcolm MacLean University of Queensland / New Zealand Trade Union Federation Clive GilsonDepartment of Strategic Leadership and Management, University of Waikato Terry Wagar Wilfred Laurier University Thomas Goddard New Zealand Employment Court Raymond Harbridge Graduate School of Business and Government Management, Victoria University of Wellington Aaron Crawford Graduate School of Business and Government Management, Victoria University of Wellington John Hughes Department of Law, University of Canterbury Jane Kelsey Department of Law, University of Auckland Roger Kerr New Zealand Business Roundtable Anne KnowlesNew Zealand Employers' Federation Andrew Morriss School of Law and Department of Economics, Case Western Reserve University Erling RasmussenDepartment of Management Studies and Labour Relations, University of Auckland John Deeks Department of Management Studies and Labour Relations, University of Auckland Chester Spell Department of Strategic Leadership and Management,University of Waikato Nick Wailes Department of Industrial Relations, University of Sydney, Australia If you would like to order copies of the Symposium issue on the Employment Contracts Act you may do so by either subscribing to the Journal or purchasing the single volume. The California Western Law Review and International Law Journal are published twice a year by the California Western School of Law. Annual subscriptions are $20.00 per volume. Foreign subscriptions are $25.00 (surface mail). Single issues of our previous volumes are available at the Law Review offices. Please contact the Review to determine the price for these issues. Single issues of the current Law Review and International Law Journal are being offered for $12.00 per volume or $15.00 for orders outside the U.S. Please send check to: California Western Law Review/International Law Journal California Western School of Law 225 Cedar Street San Diego, CA 92101 Or contact us directly at (619) 525-1477 or [EMAIL PROTECTED]
Re: Origins of the term wage slavery
On Wed, 22 Oct 1997, William S. Lear wrote: Can anyone fill me in on the origins of the term "wage slavery"? I can't fill you in on its origins, but there is a great example of the comparisons you made in the 1960's movie "Burn" or "Quemado" starring a thin Marlon Brando with a British accent. A must-see on all accounts. Ellen Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:12737] Re: Unions and Globalisation
The now defunct labor research review out of Chicago has done several research volumes on the topic. These are usually written by union activists, so they present a more hands-on approach. If you wanted to talk to people deeply involved in this work, contact the Support Committee for Maquiladora Workers to learn of their experiences, mainly in cross border work in the S. CA - Baja California, MX area. (619) 542-0826. There have been some stories on their work in the national papers. e Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:12628] Re: ethnic terminology
On Sat, 27 Sep 1997, James Devine wrote: Doug reports poll results: half of "American Indians" called themselves that, 37% "Native American"; My wife has worked a lot with the "Native community." She finds that most of them call themselves "American Indians," thinking that "Native American" is too academic. On the other hand, a lot would rather have whites call them "Native American" until they get to know trust you. Native American is more encompassing, she says, since it includes the Inuits (Eskimos) whereas American Indian traditionally does not. One of my colleagues who has worked on rights of indigenous peoples told me that the preferred term was Indians and not Native Americans in the eastern US as well as elsewhere for decades. He explained to me that the predominant feeling was that the latter term was regarded as almost insulting because it implied that they had the same status as all other hyphenated Americans when, in fact, they were here first. Ellen Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:12452] Re: language-t
On Wed, 17 Sep 1997, tom wood wrote: Richard Duchesne wrote: What about pre-linguistic mental capacities, say in the first two years of a child? This is possible, but should we call that "thinking"? Are you saying learning is possible without thinking? I wanted to wade in just to the edges here, because this is way out of my area. Events the last few weeks as we have started law school have brought back to me the interesting process of teaching students to think like lawyers. Every year I see the students come in, unable to make certain logical connections or arguments. Slowly, they see how. I recall as a student how one moment I couldn't grasp a way of reasoning and then the next I could. I saw a student doing this yesterday in my office. There is certainly language involved in this process, so it's not the same as Tom Wood's example. What is intriguing is that there seems to be some development -- actually physical development in the brain -- that takes place and thereafter makes it possible to see things in a wholly different way. Year before last I had a tenured psych professor from SDSU in my first year class, and he confirmed that this is how it felt to him as he went through the experience. It is far different from memorizing concepts or laws but seems to go to the roots of how to think. And, now, before this gets me into trouble, I'll bow out. e Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:10747] Re: historical question
On Wed, 11 Jun 1997, Michael Perelman wrote:
James Devine wrote:
Michael Perelman asks if labor has ever been so weak with such low
unemployment rates ("tight" labor markets). I'd say yes. The 1920s was a
period of labor weakness, but low U rates:
Jim D. correctly notes that union participation was low in the 1920s.
In part, that did reflect a strong assault on labor with the Red Scare,
etc. In part, it reflected employers' strategy of welfare capitalism,
where they offered certain "union-like" benefits to labor In that
sense, I would rule out the 20s. What do you think?
I'd like to suggest again that you not ignore the law and its impact
here. David Montgomery's book, Citizen Worker, reviews how the law was
enforced by the courts to weaken any rights workers had to act
collectively. At the same time the corporate form was being given the
rights of persons under the constitution and thus strengthened.
ellen
Ellen J. Dannin
California Western School of Law
225 Cedar Street
San Diego, CA 92101
Phone: 619-525-1449
Fax:619-696-
[PEN-L:10740] Re: tight labor markets -- a historical question
One thing that seems to be affecting union power and thus the attractiveness of unions to members has been the expansion of the legal doctrine which allows employers to implement their final offers upon reaching impasse. Beginning in the mid-1980's the NLRB became increasingly willing to find impasse, leading in some instances to the "instant impasse." [Employer comes to first bargaining session, says "Here is my offer. It is very firm. I will negotiate, but this is what I must have and you will be unable to change my mind." The employer declares impasse and implements.] Employers can't lose and unions can't win under this doctrine. To get to impasse an employer must propose and insist upon terms unacceptable to the union, and those may be the very terms the employer would like to implement. The union can only stave off impasse by making concessions. 20% of cases decided by the NLRB over the past five years concern this issue. The rate is increasing. In a pre-survey I did with a couple others, we found that union negotiators were making concessions in +60% of cases SOLELY to stave off impasse and implementation. Along with implementation, employers may be able to replace the workers if they have struck. All this makes unions very weak. You can't only look at economic factors to try to figure out why unions are so unable to avoid concessionary bargaining. The law plays an important part. So far very little research has been done into the issue of implementation upon impasse and its impact on collective bargaining. It's enormously important, and the area is currently wide open. ellen Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:10597] Re: labor films
One excellent film on the globalisation of labor is "The Emperor's New Clothes" from the Canadian Film Board. Its main focus is NAFTA, viewed on many levels, concluding with a visit by Canadian auto workers to a Mexican plant where the work Canadians did is now being done. This is a very stylish film visually and in all ways. Not your usual documentary. Has anyone mentioned American Dream? Before showing it, read other work about the Hormel-P9 strike to get background on the complexities which are only sketched out in the video. My students are always bowled over by this one. ellen Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:9869] Whole Language
Today's Los Angeles Times has a long piece criticizing NZ's reading methodology -- whole language v. phonics. The article says that employers are complaining that they can't get literate workers. Periodically groups like the NZ Business Roundtable have advocated privatizing public education or making moves in that direction. Could you provide any context for the current debate, the relatively declining international test figures, and how it fits in other aspects of the liberalisation of NZ's economy? Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:9755] re: Environmental Economics
I wanted to add some thoughts on the legal issues involved to this discussion on externalities and how they are or are not taken into consideration. In order to bring a case, one must have "standing." Standing is a constitutional requirement, and it is also a difficult status to define. One has standing as a plaintiff if one has suffered an injury. The problem is that often that injury must be specific to the plaintiff. As a result, an injury that is widely suffered may mean that no one has standing. One famous Supreme Court decision stated: It is not enough to enjoy seeing the birds fly. Furthermore, one must be a person (or a corporation or association, which are treated as persons). Thus, trees, animals, and the earth itself, no matter how injured, do not have standing. One of my law school professors talked about this in terms of whether the law can see an injury. The way the law sees injury and the way we may think of harm and injury are not the same things. If the law sees no injury, then there is no legally cognizable claim. The constitution requires that there be a case or controversy as opposed to the desire for a decision as to a theoretical issue. If the law doesn't "see" the injury, it is merely theoretical, and the plaintiff is out of court. ellen Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:8932] Call for papers
March 15, 1997 Final Call for Proposals The International Law Journal of California Western School of Law is dedicating its Fall 1997 issue to a symposium dedicated to discussing New Zealand's Employment Contracts Act, 1991. Persons interested in participating in the symposium are invited to submit a proposal outlining an article addressing the ECA. It is the editors' intention that the subject be addressed from many disciplinary views. Articles are therefore not only sought from lawyers or academics. In order to create a symposium which provides a thorough and engaging discussion of the Employment Contracts Act, the International Law Journal welcomes a variety of articles on the legislation. Your submission can address any viewpoint or concern relating to the effects, implications or consequences of the statute. The law journal is also interested in analyses which compare New Zealand's Employment Contracts Act with labor statutes of other countries. If you would like to contribute an article for publication, we request that you reply to the International Law Journal by April 1, 1997. We also ask that you submit, along with that reply, a 300-500 word abstract on the topic of your article. The finished papers should be 5-25 pages in length, and they must be completed by August 1, 1997. In appropriate circumstances the Internatinal Law Journal will consider articles which have been published outside the United States. Please contact any of the following individuals if you have any questions regarding this symposium: þ Matthew Ritter, Executive Editor International Law Journal, or Kevin Travis, Lead Articles Editor International Law Journal California Western School of Law 225 Cedar Street San Diego, CA 92101 Tel: (619) 525-1481 Fax: (619) 231-6774 e-mail: [EMAIL PROTECTED] þ Professor Ellen Dannin, Professor of Law, California Western School of Law Tel: (619) 525-1449 e-mail: [EMAIL PROTECTED] We look forward to your response. Very truly yours, Matthew Ritter Kevin Travis Ellen J. Dannin Executive EditorLead Articles Editor Associate Professor of Law
[PEN-L:8381] Re: comp vs OT
On Wed, 29 Jan 1997, Doug Henwood wrote: The Wall Street Journal had a piece about comp time vs. overtime yesterday, a fight that is "dividing the labor movement." Clinton Congress look to be moving toward some kind of deal, making a longtime Republican dream a reality, to amend labor law to allow for compensatory time off rather in place of overtime. The article said that unions are internally divided - with "working women" showing preference for comp time, reversing traditional union preferences. Any thoughts on this? Are conservative unionists speaking on behalf of "working women," or is this a real feminist position? I don't think it's fair to divide the issue in this way -- conservative unionists v. feminists. The issue is more complex than a simple one of a time v. money tradeoff. It also includes issues of job control. If you have ever worked under a comp time system, taking that banked comp time becomes a real problem. The mere fact that you have accumulated comp time means that you are working too many hours. It is likely that this condition of more work for the hours available is not a short term one. This means that the hours may have to be carried on the books for a long time. Then there will be disputes about the totals and conditions under which they can be taken. One issue in dispute is the notice an employer must give before terminating the program. The Republican time is so short that it may not be possible to take the hours. This all turns into potentially grievable issues for workers. Just getting the OT in the next paycheck is so much simpler and - to return to the original goal of OT legislation - may act as a stronger deterrent on employers to its overuse than banking comp time. There are ways the legislation can address each of these problems, but it may be that the eventual law will not be drafted in a way that makes the unionists' lives easier. Ellen Dannin [EMAIL PROTECTED]
[PEN-L:8341] Articles on the ECA
January 26, 1997 Call for Proposals The International Law Journal of California Western School of Law is dedicating its Fall 1997 issue to a symposium dedicated to discussing New Zealand's Employment Contracts Act, 1991. Persons interested in participating in the symposium are invited to submit a proposal outlining an article addressing the ECA. It is the editors' intention that the subject be addressed from many disciplinary views. Articles are therefore not only sought from lawyers or academics. In order to create a symposium which provides a thorough and engaging discussion of the Employment Contracts Act, the International Law Journal welcomes a variety of articles on the legislation. Your submission can address any viewpoint or concern relating to the effects, implications or consequences of the statute. The law journal is also interested in analyses which compare New Zealand's Employment Contracts Act with labor statutes of other countries. If you would like to contribute an article for publication, we request that you reply to the International Law Journal by April 1, 1997. We also ask that you submit, along with that reply, a 300-500 word abstract on the topic of your article. The finished papers should be 5-25 pages in length, and they must be completed by August 1, 1997. In appropriate circumstances the Internatinal Law Journal will consider articles which have been published outside the United States. Please contact any of the following individuals if you have any questions regarding this symposium: =FE Matthew Ritter, Executive Editor International Law Journal, or Kevin Travis, Lead Articles Editor International Law Journal California Western School of Law 225 Cedar Street San Diego, CA 92101 Tel: (619) 525-1481 Fax: (619) 231-6774 e-mail: [EMAIL PROTECTED] =FE Professor Ellen Dannin, Professor of Law, California Western School of Law Tel: (619) 525-1449 e-mail: [EMAIL PROTECTED] We look forward to your response. Very truly yours, Matthew Ritter Kevin Travis Ellen J. Dannin Executive EditorLead Articles Editor Associate Professor of Law
[PEN-L:8055] Re: Ebonics
At least some who have commented on this (sympathetically) in the California newspapers have said it was being used as a way to get additional funding -- available for teaching students whose primary language is not English -- for these schools. Ellen J. Dannin [EMAIL PROTECTED]
[PEN-L:8030] Re: contingent work
Perception in this area is fairly important. There have been lately a number of stories in the papers about how fearful people are as a result of their own or others' experiences with downsizing and/or being made contingent. Some say they are happy to have been cut free of an employer and to be their own persons. Others have become craven in their fears. The result is a growing sense that employment in the US is "Rent to Own". The thirteenth amendment may have outlawed slavery, but lots of folks now are willing to do anything to make certain that the rental of their time, minds, efforts, and bodies can come as close to ownership by their employers as is possible. ellen Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:7352] Re: racism, affirmative action, etc.
On Sun, 10 Nov 1996, Doug Henwood wrote: At 5:41 PM 11/9/96, [EMAIL PROTECTED] wrote: I interpret the massive attack on affirmative action in California as part of the "angry White male" phenomenon. Obviously, but one complicating point: according to the LA Times exit poll, 48% of women (race unspecified) voted for Prop. 209. From looking at the exit poll figures, it looks like only a third of the California electorate consists of white men, and not all of them voted Yes. Even if all white men voted in unison, they'd need lots of help from nonwhite nonmen to pass odious legislation. Doug You can't blame this solely on white males. One of the co-sponsors was Gail Heriot, a law professor at University of San Diego. Her motives for this grow out of her devotion to law and economics as an approach to law and life. No doubt, others are like her in terms of their support for the prop. I also have heard from various sources that many thought they were voting for affirmative action when they voted yes on 209. The wording said that it was a vote against discrimination. You had to get past the way it was worded to understand it. Even though there was a lot of publicity on it, you can certainly chalk up some yes votes to confusion. (And don't forget that when Robert Kennedy ran for President, 5% of Americans polled said . . . "hey, I thought he'd been shot a few years ago or something. You can never dismiss the possibility of a certain level of confusion.) ej Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:7014] Re: exploitation in progressive organizations
On Tue, 29 Oct 1996, Terrence Mc Donough wrote: Collective bargaining type models don't work well in progressive org's because the org shouldn't be using its powerful position as an employer in the bargaining process. Similarly, the social consciousness and personalized relationships of the org can be abused by employees. * * * Actually, I think the opposite is the case. The organization needs to admit it IS an employer vis a vis these employees and to decide that it wants to be a progressive model of an employer. Instead, what I have observed happens most often is that the organization decides that since it is doing "god's work" it is justified in whatever means it chooses to reach this end. Most often it can succeed, because there are lots of committed folks who are sympathetic with those ends and unwiling to see that they are being exploited by these good people. A lot of this could be avoided if the organizations' leaders would admit that when they have workers they are employers with all the responsibilities that entails. A lot is helped by being honest and clear about positions and interests and responsibilities and rights. This, incidentally, is an important insight of the NLRA: you need to have clear divisions between employers and the employed. This line is something proponents of labor-management cooperation want to erase. When it is erased, then exploitation is far easier. [Sorry not to have discussed the important toothpaste in the US issue, Bill. Next post.] Regards, ellen Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:5756] Privatization
I am doing some work focussed more on legal and labor issues connected with privatization and subcontracting of government services. Have any of you on this list been doing anything on the issue or are you aware of any recent studies, particularly those looking at the economics of privatization? ejd Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:5481] Re: Welfare reform op-ed piece
It seems to me that you might want to put in at least some reference to the Fed's NAIRU policy -- i.e. it is the government and its policies that have impoverished so many. These are the casualties of a war on inflation. The government has been demanding that some 6% of us remain unemployed in this effort. For many of those in the 6% or whose wages are dragged down by it, welfare is war reparations. ejd Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:5266] Re: AIRAANZ WWW ...
A few days ago Thomas Murakami forwarded an edited piece of information about AIRAANZ to this list. Maggie Coleman asked what AIRAANZ is, and I answered her offlist. AIRAANZ has been around for quite awhile, long before Clive set foot in the antipodes. It sponsors annual conferences of academics and others studying industrial relations and publishes the proceedings. Anyone interested in IR in the area would find this to be an organisation worth joining. PRIR-L has been run by Clive Gilson for a number of years, first from St. Francis University in Nova Scotia (he did received his D.Phil. from Warwick in England) and then from Waikato University in New Zealand, where he moved a couple years ago. As any listmanager knows, this hardly means he has much in the way of control of the list. He certainly doesn't have much control (if any) of AIRAANZ. The tone of the message made it sound as if Clive were engaged in some sort of odd conspiracy in being involved in these activities and generally appeared to be an attack on him. I would like to say that Clive has been involved recently in some important research and writing (though, of course, modesty prevents me from doing this since two pieces are co-authored with me, so I won't mention this subject at all, even though these constitute seminal work in an overlooked but central area). He and Terry Wagar, a Canadian working in Canada, have just completed a very large study of NZ, Australian and Candian workplaces, examining management attitudes to the use of LMC, as well as many other issues. They've produced a number of articles recently as a result. ellen Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:4263] Re: One family's...
One of my colleagues's husbands is a psychiatrist. An HMO with which he is associated was purchased by a drug manufacturer which also makes anti-depressants. One of the administrative people there called Dr. X and told him that they had reviewed the dosages he was prescribing for his patients and that he was to revise them according to their directions. As a doctor, I'd certainly be thrilled that a drug manufacturer - out of the goodness of its heart - had reviewed my patients' files, second-guessed my judgment, and revised my prescriptions -- obviously in the interest of better patient care, not the bottomline. ellen Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:3649] Re: The New Zealand experiment
On Wed, 3 Apr 1996 [EMAIL PROTECTED] wrote: In Shniad's interesting post on NZ we find the following: The ethos of the market pervaded everyday life. Even the language was captured, dehumanizing the people and communities it affected. It became acceptable to talk of "shedding workers," as if they were so much dead skin. COMMENT: This hardly seems a market image. It is of course biological. The point Kelsey was making was purely reportorial. She observes that the term "shedding" was used in place of more accurate ones, such as firing, discharging, laying off or, even, terminating. James Boyd White, a law professor who is oriented towards the branch of legal thinking called "Law and Literature" has done a literary reading of works by neo-classical economists or legal scholars in the "Law and Economics" branch. He observes that the language used is highly likely to lead to precisely this sort of deadening of human feelings for the misfortunes of others. See James Boyd White, The Language and Culture of Ecnomics in Justice as Translation 46 (1990). It is published by U. Chicago press. ellen Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:3563] Re: State of the New Zealand economy
On Tue, 2 Apr 1996, Hugo Radice wrote: I was recently at a workshop in Budapest on foreign direct investment in the Visegrad countries (btw, that's Hungary, Poland, Slovakia, Czech Rep], and to my surprise one of the papers was on "The role of FDI in structural change: the lessons from New Zealand's experience". The paper was given by David Mayes, a Brit who is now at the Reserve Bank of NZ (he was previously at the National Institute of Econ and Social Research in London, which co-sponsored the workshop). The paper was 100% supportive of the change to neo-liberalism in NZ. * * * I can't comment on the economics in the paper and in your post; however, my experience in watching and writing about New Zealand since 1989 is that the boosters of these economic changes have tended, with great consistency, to "adjust" their figures. A recent opinion poll on public attitudes towards changes in labour law there is a good example. The figures showed overwhelming support for the new law, and supporters of the changes have released the figures with enormous fanfare, including swish (grace a Bill Mitchell) pamplets trumpeting these results. The problem is that the pollsters have refused to release any information on their methodology. These results don't jibe with other credible polling. Second, just a few comments on some economics-related issues. One change that I understand has come about has been to contract the numbers of items made in New Zealand. This might not be a worry in other small countries which are in centrally located places, such as Wales, but for New Zealand, a small country at the end of long supply lines, not producing essential goods may be a worry. Jane Kelsey's book, Economic Fundamentalism (Pluto Press 1996) goes into a great deal of detail on economics and should be referred to by folks interested in the hows and whys of the triumph of these sorts of economic policies. Regards, ellen Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:3581] Re: State of the New Zealand economy
On Tue, 2 Apr 1996, bill mitchell wrote: * * * the swish pamphlet paints a very pessimistic outlook for the NZ economy in terms of low investment, low productivity and declining export prospects. In other words, while the usual criticisms of the reforms were in terms of equity and social issues (distribution etc), the alleged advantages of the reforms (efficiency etc) do not seem to have been enduring. there seems to have been a once off effect in the euphoria of the capitalist feeding frenzy which lasted for a very short time. the economy now is looking rather lame. kind regards bill One point I have seen several economists make about any figures showing rebounds in NZ have to take into consideration the decade-long decline just before --- and during a time when the deregulatory policies were in place. As a result, even very large percentage improvements barely brought them even with where they were over a decade earlier. When asked to account for the declines under deregulation, its proponents gave the "dog-tag" explanation. That is, they would say that their policies would finally succeed once the next bit of deregulation was done. With success still eluding them, the last bit to be done is deregulating the dog tags. ellen Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:3060] Re: privatizing Soc Sec
I'm curious whether the suggestion that social security be privatized is not the first step to abolishing it. At the present time, the wealthier people in this country already have little to gain or lose from whatever happens to social security. Private pensions have made social security only a portion of their retirement income, and they have been freed by the social security tax cap from having to invest as fully in the system as must lower income workers. To the extent they can effectively pull more money out of the system there will be less and less support for social security by those with political clout. In the end, social security will be seen as a plan that benefits only those who didn't have the foresight or skills to merit a good paying job that would have netted them a private pension. Then it will be easy to eliminate. This would be a strategy akin to that being used to gut the ACC in New Zealand as a provider of health care. Other programs have also gone this way through a stepped in program of semi-privatization and decommitment. ellen Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:3000] Re: fantasy
Here's a few thoughts. Legislatively overturn S.Ct. cases which say that corporations are persons entitled to 14th amendment protections. Require that all corporation enabling laws require that corporations operate in the public interest. Then define the public interest as something more than providing feedstock for corporations to gorge on. Enact a national law which prevents corporations from extorting money from governments as the price of not moving or to induce them to locate. And last but not least, declare August 3 a national day of rejoicing and festivity. WEll, yes, it is true I have some self-interest here, but we'd all benefit from it, since there just are not enough August holidays at the present time. ellen Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:2743] Re: intermediate macro
I don't know how economics courses are taught these days, but one method of teaching some of use, I notice especially in the labor field, is problems and simulations. The students get into the role play and seem to learn their labor law much better than a more traditional walk through, exegesis, and discussion of the text. Could you give them a range of readings, give them a fact pattern, and then have your students assigned to argue and counter arguments from others from within an assigned point of view? And my apologies if this is what everyone in economics does these days. ellen Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:2722] EJROT (pronounced Edge-Rot) (fwd)
I was asked to forward this message to this list. ejd -- Forwarded message -- Date: Sun, 04 Feb 1996 07:40:47 +1300 From: [EMAIL PROTECTED] Subject: EJROT (pronounced "Edge-Rot") The Electronic Journal of Radical Organisation Theory (EJROT) launched its first edition last year. There are commissioned articles from Stewart Clegg, Richard Marsden and Barbara Townley, Andrew Weiss, Clive Gilson and maria Humphries. Greg Kealey reviews the Marx and Engels Home Page and Jon Entine looks at the sophistry of the socially responsible business movement. The Journal is FREE. All necessary details and further information can be found at: http://tui.mngt.waikato.ac.nz/leader/journal/ejrot.htm EJROT has already been visited over 2,100 times with hundreds of surfers signing up as "Registered Readers". Join 'em! Clive Gilson Maria Humphries (Co-Editors) University of Waikato New Zealand
[PEN-L:2552] Re: Reich questions (fwd)
On Tue, 23 Jan 1996, Breen, Nancy wrote: * * * I heard Sec. Reich on the Diane Rehm's (DC radio talk) show the other day. He was discussing some suggestions to provide economic incentives for corportations to be more socially responsible -- mostly through tax reforms. This is an area I hope he'll think more about -- not to mention the American public. As a follow on to this, why should incentives have to be offered to corporations to be socially responsible? Corporations exist only by the grace of law. Their charters originally and their chartering law demand that they exist in the public interest. WEll, demand is a bit strong and certainly is a bit of verbiage now, but if they want to continue to exist using law and society as their life support, they'd better behave responsibly or let's pull the plug. Also, in his books Sec. Reich sometimes seemed to push education as a panacea for job loss and low wages. He's also been a pretty staunch free trader. As secretary of labor, has job loss among "educated" (middle management) workers, led to any evolution in his views. Does he see strategies (the above may be some) to offset this problem? Alan Krueger and Larry Mishel (from the Economic Policy Institute) presented papers at the San Francisco IRRA conference a few weeks ago that cast strong doubts on a lot of the underpinnings of these policies. It might not be a bad idea to get hold of those papers. (I didn't get copies). ellen dannin p.s. thanks to all the economists who have tried to enlighten the noneconomists on productivity and, as a result, lessened their own, no doubt. ejd
[PEN-L:2287]
Thank you to the many of you who responded with clear explanations of the budget. I passed them on and received many thanks to be conveyed back to you. It's an amazing time, but one of the pluses is that sometimes expertise is a keystroke away. ellen Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:1639] The Fed
Lately I've noticed statements by members of the Fed and the Clinton administration expressing puzzlement as to why wages remain low, especially compared to improvements in productivity. Aren't these the same folks who just a few months ago were releasing statements about how they needed to raise interest rates to put the lid on wage pressure? (rhetorical question). What accounts for this loss of memory and public expression of puzzlement? ellen Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:1654] New Zealand
A new book is out on the liberalisation of New Zealand's economy which might be of interest to some on this list: Jane Kelsey, The New Zealand Experiment: A World Model for Structural Adjustment? It was published November 10 by Auckland University Press and Bridget Williams Books. The AUP contact is Catriona McEwan, 06-308-8993 in New Zealand. Kelsey is on the faculty of the Auckland University School of Law and, I believe, is contemplating a North American swing to promote the book. Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:1574] Re: Unions win against RTZ/CRA
On Fri, 24 Nov 1995, Peter Colley wrote: * * * 2. It is often the case that some unions have left themselves vulnerable to attack through doggedly resisting all work place change. I am not saying this is/was necessarily the case at Tiwai. Actually it probably was not. The Tiwai Point disaster occurred in 1991. From about 1987, the main union, the Engineering Union, had been active in promoting a change to awards or other agreemetns which promoted industrial and workplace change. When they look around for causes they point to the issue of management's determination to deunionise and make use of the deregulated environment offered by the ECA's move to market based "collective" bargaining. They also blame themselves for failing to serve and connect with the members at Tiwai. Neglecting the membership left them very vulnerable. They were also helped by the economy which had unemployment in the low teens at this time, particularly bad in the region around Tiwai, with some notable companies not far away having gone under adding to workers' fears. ellen dannin
[PEN-L:1575] Re: Unions win against RTZ/CRA
On Fri, 24 Nov 1995, Peter Colley wrote: CRA cites Tiwai as an example of the success of its strategy, and claims that productivity and the like have improved enormously. There are two aspects to such claims: 1. They are never independently verified. We all know how shonky the OHS statistics are from transnationals operating in third world countries where such statistics are never independently scrutinised. CRA makes similar spurious claims with regard to producticity in mines in unionised mines here compared to non-unionised mines in the USA. This may well be true, at least in part, if productivity figures have wages as a component. The wages offered workers at Tiwai seemed higher but were not once overtime and other penal rates were lost under the new agreements. The result would have been lower cost of labor for each unit of production, whether or not anything was done to improve processes. ellen dannin
[PEN-L:1567] Re: Unions win against RTZ/CRA
On Fri, 24 Nov 1995, Peter Colley wrote: Unions win against RTZ/CRA Since no other Australian seems to have gotten around to it, I should inform labour activists and other progressives that there has recently been a major victory in Australia against a transnational company with an avowed agenda of de-unionising its workplaces. The story is as follows: * * * The Background CRA Ltd is a major international mining company based in Australiawhich is 48.7% owned by RTZ of the UK. Combined they are the biggest mining company in the western world. The company has been pursuing a policy of de-unionising its mines and minerals processing sites for several years. It has done this by frustrating collective bargaining processes for 2 -3 years and then offering individual employees wage rise of 15 - 20% if they will sign individual contracts which forfeit their right to be represented by a union. * * * I seem to recall that CRA owned / owns Tiwai, an aluminium plant in New Zealand. The company engaged in a similar -- but successful -- strategy of deunionising there immediately after the ECA was enacted in 1991. According to reports, it learned deunionising techniques after a visit to and consultations with consultants in the United States in the late 1980's. Does anyone know, if my recollection is correct, whether the methods used have, in fact, been transported from one site to the other and what were similarities and dissimilarities? ellen Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:1469] Re: NYNEX SECURITY
On Sat, 18 Nov 1995, Tom Walker wrote: John Ernst has an interesting and valid point. The assumption that employees can say what they want about their employer when they're not on the job was perhaps a bit of wishful thinking. * * * True to a great extent. You have a clash of doctrines at this point. There are no constitutional rights on the job unless the employer is a public entity. Employers have a right -- in the absence of a law or a contract (e.g., a cba) to the contrary -- to fire at will, for no reason, for a good reason, or for a bad reason. Some laws to the contrary would forbid terminations for making common cause with other employees (the NLRA), or to discriminate on the basis of race or sex. This common law is what would exist if all protective laws were revoked. Employers have the right to manage their businesses, and employees who denigrate their employers may be harming the business. Add to this, however, recent developments providing common law rights for whistleblowers (very limited in most cases) and the role of the courts in enforcing rights (as government entities they cannot abridge constitutional rights), as well as some whistleblower statutes. Put it all together, and you get a complex situation in these sorts of cases -- creating the best of all possible worlds -- more work for lawyers. Ellen Dannin [EMAIL PROTECTED]
[PEN-L:1373] Re: FW: Murder in Nigeria (fwd)
To: [EMAIL PROTECTED] Subject: Re: FW: Murder in Nigeria Dehai members: I have just read Debrai Haile's eloquent eulogy for Ke Sara Wiwi, murdered Friday in Nigeria. While it may be comforting to think about the actions of the US or South Africa, or to expect other governments to respond to the the transparent political murder, it is interesting that no one in any circle I have heard from expects anything from Shell Oil, the real culprit in Mr. Wiwi's homeland. What could Shell have done? Anyone who watches international politics in the 1990's knows that in many cases, transnational corporations have more resources at their disposal, more economic power, and more consequent political clout than the governments in their host countries. Shell could have simply told Abacha to leave Wiwi alone; barring that, they could have offered him a legitimate lawyer; they could have behind the scenes helped Wiwi get out of the country, although I doubt Mr. Sara WiWi would have accepted this offer. You may be saying: Doesn't she know it is Shell he was protesting? Of course, I know that. Shell Oil has a responsibility to listen to its own rhetoric in other places and to protect democracy and the rights of the people in the countries where it does business. If we, the people of the world, do not expect and demand this of transnational corporations, we will find any hope for human rights in any country that allows international capital to flow across its borders will never be established. What should we do? Write to Shell's board of directors stating your outrage at their inaction. Refuse to buy Shell oil and tell them why. Expect the companies you give your money to to behave as ethically as you do. Or better--they have more power. Again, while we expect certain actiion from our governments, we rarely expect anything from the Corporate world. That's where the real power lies. As Eritrea moves toward economic independence and growth, many difficult choices must be made about international capital and foreign investment. The government will have to find money. All of us must be vigilant in assuring that international investment does not mean a dissolution of human rights. -- Janice Windborne PhD candidate Telecommunications Dept Ohio University Athens, Ohio 45701 USA
[PEN-L:1146] Re: Good books on greater U.S. polarization of income and wealth?
On Fri, 27 Oct 1995, Paul Zarembka wrote: Friends and comrades: I received the request below from a colleague in our Women's Studies program here who teaches a course in American pluralism. I wonder what suggestions you may for her and thus our students. Thanks, Paul Zarembka, SUNY at Buffalo Since it's Friday and approaching time for a bit of rr . . . If issues of race and the heritage of slavery come into play and you want something well written and really readable (but it's fiction), try Kindred by Octavia Butler. I've lent my copy to two people lately (one 13 and 53), and neither could put it down. Still on fiction, try some Ursula LeGuin, such as The Dispossessed or Marge Piercy, Woman on the Edge of Time. The former juxtaposes two societies: on capitalist. The latter makes intersting points about who has power and what gets criminalized based on who has power. If you want nonfiction and want to see a powerful force contributing to powerlessness, try Martin Leavitt, Confessions of a Union Buster. elln
[PEN-L:958] Re: relationship activism
On Mon, 16 Oct 1995, Doug Henwood wrote: Comrades - I'm going to be interviewing Nell Minow of Lens Inc., one of the leading "relationship investors" and "shareholder activists" around. I've included the text from their web home page below. Anything you'd like me to ask her about? Doug I recently reread Monks Minow's, Power and Accountability. Looking at it from the viewpoint of a labor lawyer, I'd be curious how they would view rewriting corporation law to bring in other corporate stakeholders expressly as ones to whom the officers and directors owe a fiduciary obligation, somewhat on the same basis as the current beneficial owners. In addition to the workers (with their sweat equity) this could include communities (esp. ones which have invested heavily in providing support and services to the corporations). Prof. Lynne Dallas (U of San Diego law school) has explored this issue in her current articles, btw. As more of a longshot, you could ask them what they think of bolstering laws which provide counterbalances to corporate power, e.g., labor unions, which many of us in labor law would see as institutions whose creation and legal support is necessitated by the legal support offered to the corporate form. As even more of a longshot question, ask them what they think of suggestions to pull the plug on community give-aways offered to induce corporations to move to or not to move from communities. ellen Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:668] Re: NLRB budget c...
On Fri, 6 Oct 1995, Eric Nilsson wrote: * * * Robert Flanagan in _Labor Relations and the Litigation Explosion_ pointed out the same thing: the long delay in punishment for labor law violators meant there was, in essence, almost no punishment. And, this was true BEFORE the coming of the Reagan administration. There is a growing labor literature on this point. One key reason for this is the nature of postwar labor law in the US. Most important violations of labor law by unions/workers are "per se" illegal: they are illegal without question and the punishment or injunction against labor is almost immediately granted. However, for a variety of reasons, most violations of labor law by employers is NOT per se illegal: hearings, fact gathering, and a judgement by NLRB (for federal law violations) must occur before the management behavior is found to be illegal. It's not often that being a former NLRB attorney on a list of ecnomists raises any issues that I can speak to, but I want to make a few emendations here and also to raise some questions for serious consideration. By this I mean that they be given some thought and not just reacted to. I ask this because they will be outside the mainstream critique which you refer to. It is not the case that Union violations are "per se" illegal. The NLRB does not pursue any violations at all unless there has been an investigation. This includes CA (charges against an employer), CB, CC, CD, CP charges (against unions -- there are none directly against workers). What can be different in the charges cc-cp is that there is an expedited process for going into court to get an injunction under sec. 10(l). There is also an expedited process for going into court against employers under sec. 10(j). I tried and was otherwise involved in a number of these when I was with the NLRB. Obvoiusly there is a differnece between the two. One often cited is that the 10(l) decision can be made in the Region, whereas the 10(j) requires approval from the General Counsel and Board itself. There is another difference which I have never seen discussed but which is relevant. The investigation before seeking a 10(l) is relatively easy. You look for pickets. The issues of motive are usually easy to see from the signs and where the picketing is being done. (This is not to say I support secondary boycott law). The facts and proofs are very cut and dried. Putting together a case to prove an employer has violated the NLRA is more difficult. There is just no way to make it simple. In my years with the NLRB I only once found a letter from an employer that said: "We fired our workers because they were involved in union activity." That's what you have to show. It takes careful investigation to put together a case to prove what is hidden away. Even if the Region could decide the case, putting together the proofs of intent, act, harm would take a minimum of a few weeks working very long hours. I know. I've done it. And I tended to win these cases. This, given the backlog of cases, can take months or years. Maggie's experience is quite typical. Ask why there was this backlog even before the Reagan years. We had to investigate our cases in 26 days. This is pretty speedy given what has to be proved. It was backlogged mainly because there weren't enough personnel. Even before Reagan there was a lack of financial support to let the NLRB hire enough staff. Adding additional requirements of speed and other legal proposals, even going back to the failed 1978 amendments, will not result in improvements unless enough money is allocated to hire enough judges and investigators and attorneys. Throughout my years there, the agency was woefully underfunded. It's amazing it had the win rate it did. We did not have basic legal materials. When I left the NLRB, we still did not have access to westlaw or lexis -- this was in 1991. Lexis had been in use since before 1978. Everyone we tried cases against had this sort of support and more. The attorneys did not have computers. Those who did bought their own and brought them in. Now I will raise a controversial point and just wait for angry responses. How is it that an agency which was there to protect the workers was allowed to be so underfunded and hamstringed that dedicated agents could nto do their work? Unions and friends of labor let budget bill after bill pass without demanding more funding. They even engaged in acts which were complicit with the enemies fo labor by calling for the repeal of the NLRA and the NLRB. The Right to Work Defense Foundation responded by suggesting a joint petition to congress in support of this proposal by the AFL-CIO to call its bluff. Unfortunately, there has been a lot of blaming which has been highly destructive to the cause of labor. When there should have been support for agencies which were put in place and lobbying to make
[PEN-L:489] Re: risk shift (fwd)
-- Forwarded message --
Date: Thu, 21 Sep 1995 11:54:18 -0400
From: Michael H. Belzer [EMAIL PROTECTED]
From Michael Belzer:
This note is in response to Michael Etchison's reference to Michael
Belzer's summary that "truck drivers who earn the lowest wages and are
least likely to have union representation are most likely to absorb unpaid
time." This particular research doesn't directly address employee quality
variables. The survey on which it is based, however, revealed that
managers viewed applicants for jobs in the truckload industry (the ones
likely to get the bad jobs) to be inferior to those they received before
deregulation. Managers for less-than-truckload carriers viewed their
applicants to be better than ever. However, my research suggests it is
market economics in the industry that drives the segmentation of wages and
conditions into good jobs and bad jobs. In effect, managers of truckload
carriers don't have the luxury of paying good wages to good employees, as
suggested by Mr. Etchinson. The product market does not allow it.
Further, research by Barry Hirsch ("Trucking Deregulation and Labor
Earnings: Is the Union Premium a Compensating Differential?" _Journal of
Labor Economics_, Vol. 11, Nol. 2, April 1993) uses census data and finds
union drivers have superior characteristics to non union drivers. In
longitudinal analysis, he finds that those who enter the period as nonunion
drivers and leave the period as union drivers have superior human resource
characteristics (education, experience, etc.).
If there is any relationship between pay and the motivation and personal
characteristics suggested by Mr. Etchinson, it runs opposite to the one he
implies. The dual factors of unionization and industry segment determine
pay and conditions (which are linked), and driver quality is linked to both
(both positively). Within the legal structure today, it is virtually
impossible to unionize long- and medium-haul truckload carriers, even if
the employees desire representation. If he ran a trucking company, he
wouldn't have the luxury to pay according to the differentials he suggests.
My minimum wage estimates are averages, which means a lot of drivers may
earn even less. That's the competition.
Michael H. Belzer
School of Industrial and Labor Relations
Cornell University
Ithaca, NY 14853-3901
voice: (607) 255-6185
fax: (607) 255-0107
e-mail: [EMAIL PROTECTED]
[PEN-L:307] Re: STATS: Cuttin...
On Sun, 3 Sep 1995, jtreacy wrote: Treacy: I think Maggie has some very interesting stuff in her reply but to credit all women as knowing who Pops is streachs credulity. [EMAIL PROTECTED] COPYRIGHTED On Sat, 2 Sep 1995 [EMAIL PROTECTED] wrote: One last point -- the term legitimate and illigitimate as applied to children is a male, non-feminst terminology. Women know where their children come from, it is only men who are concerned as to ancestry of own children. Isn't she saying that women know who are our children. It's men who may have a problem figuring out which they fathered. It didn't sound as if she's too worried about who "pops" is; that's the man's worry. But then, maybe I read her wrong. ellen dannin
[PEN-L:265]
I began my collective bargaining seminar this term by assigning my law students to read an essay by New Zealand economist Brian Easton, "The Personal Responsibility of an Economist." This is a graceful, thoughtful, and powerful essay, and I wanted to recommend it to those on this list. The students were profoundly affected by it. One said that as soon as she finished it, she grabbed her roommate and read it aloud to her. As far as I know this essay is only available in collection in New Zealand and on my bookshelf. It deserves a wider audience, and I wondered if anyone in North America is planning a collection into which this might fit. Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:5766] RE:labor information
On Fri, 30 Jun 1995 [EMAIL PROTECTED] wrote: Please, I need information (articles, books, etc.) about the worker strategies against the "participative management" in the american companies THANKS. Arturo Pacheco ( Visiting Professor at CSU, Fullerton) Labor Notes publishes several pertinent books. Mike Parker's Inside the Circle would be helpful to you. Wilson McLeod wrote a nice law review article on the more general subject which appeared in the predecessor to the Berkeley Journal of Employment and Labor Law about 2 years ago. Labor Notes monthly newsletter addresses these issues periodically. Labor Research Review from Chicago has addressed these issues several times. If you can't locate these and are interested, write me at [EMAIL PROTECTED] and I'll get you addresses and citations. ellen Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:5438] Re: whither pen-l
I'm highly influenced by being midstream in a piece I'm working on about New Zealand and what I'm putting into my conclusion. I think it's important to engage in intellectual debate, but agree with MMeeropol (aka gramps) that we stand at a watershed event. Those who have the skills to respond to the venom and evil that is being sold in this country and around the world about everything we hold dear have a responsibility not to be silent. It's so hard - the media seem closed to the Left. You have to work twice as hard - 10 times as hard to be heard - but the time is now. A major reason Kiwis bought into the New Zealand Business Roundtable's explanation of problems and agenda for change is because those who had the ability to learn the truth and counter the lies did nothing. Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:5135] Baker Proposal (fwd)
A labor lawyer's perspective on the TIAA-CREF proposal after this was forwarded to the Worklaw list. ellen Ellen J. Dannin California Western School of Law -- Forwarded message -- Date: Tue, 16 May 95 13:47:05 EST From: Goldman, Alvin [EMAIL PROTECTED] To: [EMAIL PROTECTED] Subject: Baker Proposal I hope this is going to the proper addressee. It is a response to the e-mail from the Chicago-Kent labor net respecting the Baker proposal for TIAA/CREFF to impose a compensation cap on executives of corporations whose securities it can hold. While I generally support the spirit of the proposal, as presented I think it needs strengthening. First, there should be an introductory explanation that ties the proposal to proper administration of TIAA/CREF fiduciary responsibilities. I think that explanation can look to at least five arguments. First, excessive executive compensation (as measured by income at levels that in a few years permit sufficient savings to be accumulated so that the income from such savings will support a luxurious lifestyle) insulates the executive from all future financial concerns and thereby eliminates the motivational effectiveness of expected continued compensation as a reward for good performance. Second, excessive executive compensation (as measured by compensation at levels beyond those needed to attract and retain excellent talent) unfairly converts the profits of those who have invested in the entity into the income of those who manage the entity. Third, excessive executive compensation (as measured by the extent to which compensation provides income far in excess of that which is needed to pay for life's comforts) perverts the values of those who manage and creates a sensitivity barrier between them and the workers and investors whose welfare has been entrusted to their managerial judgments. Fourth, excessive executive compensation concentrates wealth and thereby power to the detriment of maintaining a democratic society. Fifth, excessive compensation distorts market distributions and contributes to inflation and other disruptions that affect the value of TIAA/CREF annuities. Second, the proposed cap ought to have an implicit rationale. A flat amount says nothing and appears arbitrary. I suggest, instead, that the cap be indexed to fifty times mean family income. (Roughly about $1.5 million these days if my quick calculations are correct.) I think that such indexing carries a social as well as a political message and therefore makes the idea more acceptable and compelling to a broad spectrum of people. Alvin Goldman
[PEN-L:5097] Re: Brits NZ too
On Sun, 14 May 1995, Bruce Cronin wrote: A fascinating side of the neo-'liberal' crusade for 'freedom' in the NZ economy has been their systematic campaign to stamp out criticism of their programme. Alternative centres of policy advice and critique in govt and the universities have had their funds cut. Academics who stand up and try to say the emperor has no clothes on are threatened by their seniors and ridiculed by the press. I've heard this includes eliminating the Industrial Relations Centre at Victoria University, because, afterall, once you've achieved perfection in labour law reform, what more is there to know. Less tongue in cheek, an important part of the ECA was eliminating information keeping related to employment contracts and terms and conditions of employment. They argued it was a service taht could be provided by the private sector, and some there have taken it up. Could it be also that they jsut didn't want to know. Now all debate gets to take place based on incomplete information or anecdotes. Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:5045] Re: Brits Thatcherism
On Fri, 12 May 1995, Robert Peter Burns wrote: Last summer I published a short article called "Global Thatcherism in the Light of the British Experience" . . . Rather, global Thatcherism is an ideological reflex of the global restructuring of class relations, the effect of which is to homogenise those relations along an international dimension. . . . . I found out how true this is when doing research in NZ on the Employment Contracts Act 1991, Thatcherism / Reagonomics / Rogernomics personified. I suppose I had assumed that those who were promoting the ECA and parallel legislation were doing so for instrumental reasons: to lower wages, increase employer hegemony, and the like. This assumption that all ECA supporters felt this way was brought up short when I interviewed a very high ranking official in the New Zealand Employers Federation. When I asked her if the ECA ws performing as hoped for by its proponents, she answered emphatically yes. When I asked was it improving unemployment (one of the goals advanced for the ECA before its enactment) and the economy in general, she responded that these were not proper measures of the ECA. She said that the ECA must be measured solely on the grounds that it brings freedom. This was all said in a tone of religious fervour (not trying to bash religions here), but it's the only analogy I can find. I think this realisation -- and one reflected in Burns' excerpt -- is important to bear in mind when discussing these programs and their acolytes. Some of them see this freedom as an absolute, not an instrumental value. Ellen Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:4962] Re: popular economics books
Well, and once you get started on fiction, there's Ursala LeGuin's The Dispossessed and Marge Piercy's Woman on the Edge of Time and - in an odd sense Sherri Tepper's The Awakeners (or North Shore / South Shore) about a society which survives by having its priest class organize all of human society so it can serve as food for the enormous winged original inhabitants of the planet - the priests - in return get blood from the birds which gives humans extended lives when they drink it periodically. Yumm! ellen Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:4894] Re: Paramilitary groups (fwd)
I forwarded this original message to a friend of mine who teaches at another university, and I thought her response might be of interest - though it is not written from an economics perspective. Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696- -- Subject: Re: [PEN-L:4814] Paramilitary groups (fwd) Ellen: I am reasonably sure the public employees weren't the only target; rather, they acted as proxies (in much the way that the building was symbolic of) for a number of other things these groups fear and hate, and yet find themselves powerless to attack directly so that it must be a slaughter of innocents. We have been members of the Southern Poverty Law Center for some time, and because of that, I read a lot about these groups in their literature. One of their targets, certainly, is public employmees/government, but I think that there are other targets too. Race clearly plays a role in all of this. One of the first things I noted, and of course only the investigation and trial will reveal "true" motives to the extent we learn them at all, is how many of the victims were black. I based this on the pictures I saw, and the fact that the bomb most heavily destroyed the daycare and the social security office. My experience of public employees suggests a lot of the employees, particularly clericals, would be black (or Hispanic in OK) and probably use the daycare. And, minorities seemed to me to be likely to be a disproportionate user, perhaps, of social security. I suppose my thinking also went along these lines having recently read an article in the Washington Post Weekly which argued that some of this right-wing blacklash against government is a proxy for a reaction against blacks, and pointed out that the federal government is probably the largest employer of blacks and largest promoter of policies favoring blacks. Thus, I suppose I could concede that this is an attack against public employees, but would also add that minorities may have been an additional or overlapping target of these people. I suppose another motive would be a wake-up call to America as well as to the government qua systems of institutional response that these movements are to be taken seriously. So, I saw the message you forwarded as interesting but too unidimensional in its appreciation of the complexity of human motivations. Of course, that's not to say that public sector employees don't need to prod organized labor to get off its collective butt (They very much do) or just ignore organized labor and do grass roots organizing. That desparately needs to happen. As a public employee myself I'm sick of being told I should provide legal education for "free" i.e. low salary and be described as lazy and feeding at the public trough. But public employees and others concerned about the rise of the right (this week's New Yorker has a great article about the coming Republic agenda for this summer) need to form coalitions and find the common ground in this rather than privileging themselves as the only victims in the sorry state of what passes for politics in this country. I suspect this is more of a response than you expected (it was certainly more than I intended to say - I just got going on the topic). So what do you think? Take care, L.
[PEN-L:4680] Re: Trond's Debt/Asset polarization model
On Tue, 11 Apr 1995 [EMAIL PROTECTED] wrote: With respect to the views of traditional religions toward interest, let me note that: 1) Judaism only forbade it within the community; it was OK to collect from gentiles. * * * 5) All of the above accepted profit based on risk- sharing, the view of interest being that it involved no risk, "sterile" money creating more money. I'm not sure any of the above is fully correct. Deuteronomy XXIII does distinguish between "brother" and "foreignor" but a foreignor (nacri) is not the same as a non-Jew or stranger (ger). There are many parts of the bible that make it very clear you cannot oppress the ger or stranger. The nacri, as I understand it, was the transient, not a foreignor living in the community. Apparently the Talmudists made these disctinctions even clearer. Second, interest or usury apparently also meant profit. Trades had to be reasonably even. The Talmudists spent a great deal of effort going into the impact of futures trading on harvests, profits of storeowners, and the like. I actually think that Trond's suggestion of looking at this different way to organize society is interesting in the way that anthropology or science fiction are. They give us a way of stepping back and looking at the possibility of different means of organization. When faced with so many who say that money is and must be the measure of all things I find that these comparisons give me the ability to ask, "Really?" In a sense, they are the study that is so difficult to run in social sciences. ellen dannin [EMAIL PROTECTED]
[PEN-L:4620] Re: white mice
Yes, but you notice they are only doing the experiment on "white graduate students." I've tried to figure out whether this is good or bad - suppose it depends on the sort of experimentation involved. Or does it mean that with pending legislation on affirmative action and tuition rises there will only be white graduate students? In any case, maybe there's a hidden message we should be paying more attention to. /s/ Puzzled Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
[PEN-L:4453] Re: web site
1. Welfare 2. Crime 3. IQ 4. Taxes 5. Balanced Budget 6. Downsizing, unemployment, unionbusting 7. Third world underdevelopment 8. etc. and, let me add, privatising of public services. Ellen Dannin [EMAIL PROTECTED]
[PEN-L:4392] Re: NZ For Sale?
On Thu, 9 Mar 1995 [EMAIL PROTECTED] wrote: Some may recall that (Sir) Roger Douglas was the architect of free market mania in New Zealand in the 1980s. Out of office for some years, Douglas recently launched a new political party, ACT (any Kiwis or Aussies out there who can tell us what the acronym stands for?). Association for Citizens and Taxpayers.
[PEN-L:4139] Re: Relative Economic Position of Maoris of New Zealand
On Tue, 14 Feb 1995, Arvind Jaggi wrote: I have been trying to unearth a handful of articles/books that discuss how economic and public policy measures have affected the fate of Maoris in new Zealand. I welcome any suggestions/hints/references. Thanks. For information about the Maori, I would recommend talking to Brian Easton, an economist there. His address is [EMAIL PROTECTED] He has been a consultant for some of the Iwi (tribes) there, as well as for some of the labour unions. Ellen Dannin [EMAIL PROTECTED]
[PEN-L:4107] minimums of wages and others (fwd)
The US isn't the only place where this is an issue. See below. Ellen J. Dannin -- Forwarded message -- Date: Fri, 10 Feb 1995 9:16:32 +1300 (NZDT) From: [EMAIL PROTECTED] To: [EMAIL PROTECTED] Subject: minimums of wages and others THANKS FOR THE REFERENCES. THERE ARE PILES OF THESE STUDIES WHICH ALL END UP WITH CONTRADICTING CONCLUSIONS, NOT LEAST BECASUE IT IS HARD TO DESIGN A GOOD RESEARCH INVESTIGATION, SINCE ONE CANT EXPERIMENT. THERE IS JUST ONE OUT IN NZ, COMMISSIONED BY THE [New Zealand] BUSINESS ROUNDTABLE, WHICH FINDS A SIGNIFICANT MINIMUM WAGE EFFECT. IT LOOKS IMPRESSIVE, UNTIL YOU REALIZE IT ALSO INCLUDES THE CONCLUSION THAT HIGHER UNEMPLOYMENT BENEFITS INCREASE EMPLOYMENT. THE CYNIC MIGHT BE WILLING TO SWAP THE ABANDONMENT OF MINIMUM WAGE LEGISALTION FOR A MUCH HIGHER BENEFIT (IN OUR SOCIAL SECURITY CONTEXT ANYWAY) BUT I AM NOT SURE THAT THE BRT WOULD BE SO KEEN. BRIAN EASTON Wellington, New Zealand
[PEN-L:4026] Re: better off?
The address is: EPI, 1730 Rhode Island Ave, NW, Wasington, D.C. 20036 Phone: 1-202-775-8810 On Thu, 2 Feb 1995, Christopher Benner wrote: Can anyone tell me how to get a copy of "THE STATE OF WORKING AMERICA" I don't have EPI's phone number of address. Sounds very useful.
[PEN-L:3760] Re: piece from the Progressive
Coincidentally, the Labor Party Advocates held a public hearing in the San Francisco area yesterday on the need for a labor party. Four hundred people showed up to participate at the meeting in Hayward. More public hearings are planned across the US. I was not at the meeting but can get a report from a friend who was, if there is interest in knowing about this. The press attended as well, so there may yet be some news coverage. Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
Middle class-shmiddle class
Why don't we just throw in the towel and join in the chorus of "Serfin' USA?" How much difference is there between the lot of a serf and the situation of lots and lots of us who are wholly dependent on the wishes of the seigneur, who render to this seize-er our time, our energy, our beliefs? When the ends of education are measured only by how well they serve these ends, when unions are counted as of worth only as they serve these ends, when your worth is measured only as you rank in this futile hierarchy, then how different are things? The only difference is that the holy-days were more frequent and more fun than those enjoyed under the current religion of economics and profit. We now return you from this bitter diatribe to our regularly sponsored listserv. Ellen J. Dannin California Western School of Law
Re: Canada, via Barron's
And something else you should be aware of - Alberta's premier has taken Roger Douglas of New Zealand, the progenitor of the eponymous Rogernomics - as his model. Douglas' book was way up on the best seller lists in Canada for a long time. Douglas goes about billing himself as a socialist who is willing to make hard choices and face hard realities. One migh add that he is hardly a socialist, but Madison AVenue is all. Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
Re: the Democrats are dead?
I keep thinking that one day the Dems will wake up, but every time I turn on the news and hear them talking, the words coming out of their mouths convince me otherwise. It's hard not to feel a sense of despair about all of this. The only way I can think of to move the Dems is to convince them that they could win power by appealing to the folks who were not voting this past election. The only way to convince them of that is to convince the nonvoters that it is worthwhile making the Dems think they damn well will vote next time. Otherwise, the Dems are jsut going to keep scrabbling after the same folks the Reps are, and the Reps are so much better at being Republicans and appealing to those folks. How do you make people shake of cynicism and despair and get active? I do not support the value of the immiseration of the masses, but it may be that the Reps will gore enough oxes (a la the reaction to Prop.187 by those potentially harmed by it here in California) that they will decide to act. Having lots of school kids rise up and protest is heartening. They've been willing to be outraged once and to dream of better things - maybe there is a chance. It would also be awfully nice to have someone in the Democratic party who has vision and can communicate a vision of society to the US. That would take imagination, guts, "a song to sing," etc. etc. Yeah, there's no hope. Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
elections: postscript (fwd)
I thought the enclosed from friends in the UK might be of interest to the depressed members of this list. Ellen J. Dannin + -- Forwarded message -- Date: Wed, 9 Nov 1994 10:55:27 -0600 From: W.M. Richards [EMAIL PROTECTED] Subject: elections: postscript I've just heard on an early evening news bulletin that share rises and gains for the dollar on foreign exchanges are being attributed to the Republican gains last night. As if that's not enough, shares in major health suppliers such as Smith- Kline Beecham and Wellcome have made huge gains on the UK stock exchange today - because the health care reforms will be stalled. WMR -- Dr Wendy M Richards Lecturer in Industrial Relations Department of Human Resource Management and Industrial Relations Keele University Staffs ST5 5BG Tel: 0782 583254 Fax: 0782 715859 E-mail: [EMAIL PROTECTED] The one straw I clutch (and the left is full of straw-clutchism at all times) is that with the Republicans very clearly in control, it should be pretty easy to blame them for everything that goes wrong. Assuming that the Democrats or anyone else can get themselves organized enough to raise a finger and point it. EJD
Re: Atlas plugged
On Tue, 8 Nov 1994, Teresa Amott wrote: On another note, how are Pen-Lers coping with depression and anger today, as we exercise our freedom to vote for the marginally lesser evil? The thought of Jesse Helms as chair of the Senate Foreign Relations committee is so nauseating that I'm having trouble thinking of anything else. Here in Pennsylvania, we are about to give you Rick Santorum in the Senate, someone who combines the worst characteristics of Gingrich, Huffington, Helms, and Thurmond. Cheers. Teresa I say: Tired of voting for the lesser of 2 evils? Vote for real evil. Cthulu for X. EJ Dannin
Re: overpriced journals
Oz is shorthand for Australia. Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696- On Mon, 31 Oct 1994, DJ wrote: On Mon, 31 Oct 1994, Cristina Marcuzzo wrote: I am very interested in the service mentioned as OZ -where you can have an article sent by e-mail or fax- but what on earth is OZ? Can anyone provide detail? I am also wondering!
Re: Murray Herrnstein
On Thu, 27 Oct 1994, Cotter_Cindy wrote: Ellen Dannen says: [Dannin actually] + "When you move from a person's propensity to a group propensity you get into ever more dangerous territory. It really does not matter very much what 100 female law professors have a propensity to do when you are making a judgment which hinges on what I have done. The danger of a lot fo the discussion of IQ and what has worked or not worked is that it has an almost immediate spill over from the group to the individual's character / propensity and truly COLORS the discussion and limits individuals." This sounds reasonable if the point is to make judgements about who dunnit, but not for designing public policies, or stocking the shelves in a supermarket or library. There are lots of situations where predictions about the probable behavior of groups is necessary. In that case group propensities matter. Cindy Cotter [EMAIL PROTECTED] [EMAIL PROTECTED] Yeah - sure they matter. However, don't you think it is important in drafting legislation and in devising public policies to hold the individual before you. It gets too easy to paint w/ a broad brush. When I have taught evidence, I ask my students why we have rules at all. There are several reasons - one is to keep information from the jury - information which we are concerned they will use in inappropriate ways. That may come into play in this sort of setting. There is a danger in using issues in which race and class are components in inappropriate ways. How should legislators / policy makers deal w/ that danger? Should they be like juries and have "dangerous" information kept from them? A second way to think about the value of rules of evidence is that they make us conscious of our use of evidence / information. They help us see what is meaningful, what is relevant, because we always have to defend that the use of certain information is, in fact, relevant to make the matter in issue more or less probable. Cheers, Ellen
Re: Murray Herrnstein
I appreciate hearing this discussion from the economists' points of view. You folks have the skills to approach these sorts of social and economic problems that we lawyers do not have. However, I want to throw something from the field of law into the discussion. I have taught evidence a number of times, and I think that stopping to consider some principles of evidence might be useful. First, Rule 401 tells us that we must only use evidence which is relevant -- that is evidence which has the property of making a fact which is in issue more probable or less probable. Much of the discussion seems to founder on deciding what it is that is in issue here and what the line of causation is from one fact to a conclusion. Second, the rules of evidence are quite cautious about the use of character evidence or propensity evidence . That is, we do not want to try a person or an issue based on a person's propensity to do something. We want to know if they did something. A great deal of this discussion on IQ is focussed on propensity or something very like it. It does not matter if I have a propensity to lie or steal or be law abiding. It does matter if on the key occasion I -- in fact -- did any of those things. When you move from a person's propensity to a group propensity you get into ever more dangerous territory. It really does not matter very much what 100 female law professors have a propensity to do when you are making a judgment which hinges on what I have done. The danger of a lot fo the discussion of IQ and what has worked or not worked is that it has an almost immediate spill over from the group to the individual's character / propensity and truly COLORS the discussion and limits individuals. Tbanks for the discussion. Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
Re: Immigration
I agree, Jim. And if we don't like it, we should go back where we came from. Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696- We've been having trouble with these immigrants ever since we came to this country! in :-) solidarity, Jim Devine [EMAIL PROTECTED] or [EMAIL PROTECTED] Econ. Dept., Loyola Marymount Univ., Los Angeles, CA 90045-2699 USA 310/338-2948 (daytime, during workweek); FAX: 310/338-1950
Re: Davis-Bacon Act(s)
I tried to respond to this request yesterday but don't know if the e-mail got through since our system was ill. One interesting article appears in Sheldon Friedman et alia, eds, Restoring the Promise of American Labor Law (ILR Press 1994). The article by three economists (larval and adult form) at the University of Utah examine the impact of repealing Utah's prevailing wage law on the construction industry. Basically the law was repealed to save money. However, as the article makes clear, teh impact of doing this was far reaching and showed how Davis-Bacon (and little Davis-Bacon laws) plus 8(f) organizing in the construction industry made what actually is an erratic and undesirable form of employment into one which was desirable and with stability. Repealing prevailing wage law led to a decline in new job entrants, a decline in trained entrants, a decline in commitment to the industry . . . Anyway, the empirical data as reported in this essay demonstrates the problem with unintelligent tinkering to save a few $. The subtitle could have been "pennywise and pound foolish." Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696- On Mon, 10 Oct 1994, Steven Suo wrote: Original message I am looking for anyone who can offer strong (or reasonable) efficiency arguments for maintaining the federal prevailing wage standard on public works. As a reporter for The Oregonian newspaper, I am covering a ballot campaign to repeal the state's so-called "Little Davis-Bacon Act," which requires contractors to pay what BLS determines to be the prevailing wage (the mode of the distribution by trade). I have been unable to find anyone but union officials who will speak up for this standard. I would be interested in an interview, but I'd also be grateful for simple e-mail or phone correspondence on a background-only basis just to get my thinking straight. Thank you. Steve Suo [EMAIL PROTECTED] ph. 503-221-8288
State bidding wars
Is anyone aware of any cost-benefit analyses which have been done as to government subsidies given to persuade companies to locate to an area or not to relocate from an area? Some of the subsidies are quite high on a per job basis, so that it seems hard to believe the citizens will ever receive any reasonable return on the money foregone. Ellen J. Dannin California Western School of Law 225 Cedar Street San Diego, CA 92101 Phone: 619-525-1449 Fax:619-696-
