This book uses the concepts of vulnerability and resilience to analyze the situation of individuals and institutions in the context of the employment relationship. It is based on the premise that both employer and employee are vulnerable to various social, economic, and political forces, although differently so. It demonstrates how in responding to those complementary institutional relationships of employer and employee the state unequally and inequitably favors employers over employees.

Several chapters included in this collection also consider how the state shapes, creates and maintains through law the social identities of employer and employee and how that legal regime operates as the allocation of power and privilege. This unique and fundamental role of the state in defining the employment relationship profoundly affects the respective abilities and degree of resiliency of actual employers and employees.

Other chapters explore how attention to the respective vulnerability and resilience of those who do and those who direct work in assessing the employment relationship can raise fundamental questions of social justice and suggest new avenues for critical engagement with labor and employment law. Collectively, these pieces articulate a framework for imaging what would constitute an appropriately "Responsive State" in the employment context and how those interested in social justice might begin to use the concepts of vulnerability and resilience in their arguments.

chapter |10 pages

Introducing Vulnerability

ByMartha Albertson Fineman

part I|78 pages

Law and vulnerability

chapter 1|21 pages

A Vulnerability Approach to Private Ordering of Employment

ByJonathan W. Fineman

chapter 2|23 pages

Green Shoots in the Labor Market

A cornucopia of social experiments
ByKatherine Van Wezel Stone

chapter 3|22 pages

The Constitutional Right to Organize

ByRebecca E. Zietlow

chapter 4|10 pages

Labor Rights as Natural Rights

BySean Coyle

part II|85 pages

Work and social welfare

chapter 6|16 pages

Vulnerability, Workfare Law and Resilient Social Justice

ByCamilla Sabroe Jydebjerg

chapter 7|19 pages

Contract as Public Law

The public nature of collective bargaining agreements
ByRisa L. Lieberwitz

chapter 8|18 pages

Acknowledging but Transcending Gender at Work

Applying the model of lifetime disadvantage and vulnerability theory to women’s poverty in retirement
BySusan Bisom-Rapp, Malcolm Sargeant

chapter 9|15 pages

Laboring Freedom

Neoliberalism, the jurisprudence of Obamacare, and the welfare state left
ByJack Jackson

part III|105 pages

Marginalized workers

chapter 10|17 pages

A Desired Composition

Regulating vulnerability through immigration law
BySilas W. Allard

chapter 11|22 pages

The Wages of Human Trafficking

ByRana M. Jaleel

chapter 12|25 pages

Migrant Domestic Workers in the UK

Enacting exclusions, exemptions and rights
BySiobhán Mullally, Clíodhna Murphy

chapter 13|18 pages

Bad Jobs and Good Workers

The hiring of ex-prisoners in a segmented economy
ByKristin Bumiller

chapter 14|21 pages

We are All Contingent

Fighting vulnerability in the US workforce
ByAnn C. McGinley, David McClure

part IV|71 pages

Limits of law

chapter 16|11 pages

Improving Job Quality for Low-Wage Women Workers

A 21st century movement
ByElizabeth Ben-Ishai

chapter 17|23 pages

A Right to Request Flexible Working

What can the UK teach us?
ByK. Lee Adams

chapter 18|13 pages

Vulnerable Communities

Proposing Community Syndicalism for distressed localities
ByKenneth M. Casebeer