With the Obama administration in the White House and an overwhelmingly Democratic Congress, passage of the Employee Free Choice Act (EFCA) appears likely. But it can and should be stopped if at all possible, given the adverse impact that it will have on the workplace and the overall economy. In The Case against the Employee Free Choice Act, Richard Epstein examines this proposed legislation and why it is a large step backward in labor relations that will work to the detriment of employees, employers, and the public at large.

How can the American social welfare system be repaired so that workers and families receive adequate protection and, if necessary, provision from the ravages of the market? This book addresses this fundamental problem and analyses how the 'privatization of risk' has increased hardships for American families and increased inequality. It also proposes a series of solutions that would distribute the burdens of risks more broadly and expand the social safety net.