Orchestrated Experimentalism in the Regulation of Work

25 Pages Posted: 1 Dec 2016 Last revised: 16 Dec 2016

See all articles by Orly Lobel

Orly Lobel

University of San Diego School of Law

Date Written: May 1, 2003

Abstract

This book review of MIT Economists Osterman, Kochan, Locke and Piore’s Working in America: A Blueprint for the New Labor Market considers the inadequacies of current workplace structures and the challenges facing regulators of the new economy. The review explores the implications of Blueprint to law reform, particularly labor and employment laws, but also other fields of law, including welfare, immigration, and taxation. It discusses the problem of the enforcement gap and the prevalence of dominant corporate culture even in situations where legislative reform is made consistent with new workplace realities. Finally, the review evaluates the core structure of the vision advanced in Blueprint ‒ democratic experimentalism in the field of work. Lobel argues that while Blueprint begins its inquiries with the promise of the economy as a social institution, its concrete proposals often do not adequately address the core tensions between economic and social interests.

Keywords: New Economy, Workplace Structures, Labor and Employment Law, Participatory Employment, Welfare Law, Immigration Law, Tax Law, Democratic Experimentalism

JEL Classification: A00, A10, A12, D70, K31

Suggested Citation

Lobel, Orly, Orchestrated Experimentalism in the Regulation of Work (May 1, 2003). Michigan Law Review, Vol. 101, No. 5, 2003; San Diego Legal Studies Paper No. 16-238. Available at SSRN: https://ssrn.com/abstract=2877379

Orly Lobel (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States

HOME PAGE: http://home.sandiego.edu/%7Elobel/

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