_________________________________________________________________

  E M P L O Y E E   B E N E F I T S ,   C O M P E N S A T I O N
                    &   P E N S I O N   L A W
                Vol. 6,  No. 19: October 11, 2005
_________________________________________________________________

Publisher:     Employment, Labor, Compensation & Pension Law Journals
               a division of
               Social Science Electronic Publishing, Inc. (SSEP)
               and Social Science Research Network (SSRN)

Editor:        PAMELA PERUN
               Urban Institute
               Mailto:pamela@planetnow.com

Copyright:     SSEP, Inc. 2005. All rights reserved.

Leading Social Science Research Delivered To Your Desktop
               http://www.SSRN.Com/

   ___________________________________________________________

                      Topic of This Issue:
              Human Capital and Employee Ownership
   ___________________________________________________________


SEARCHING THE SSRN ELECTRONIC LIBRARY
 To search the entire SSRN eLibrary, please visit:
 http://papers.ssrn.com/

 To browse all abstracts published in this journal, please visit:
 http://www.ssrn.com/link/benefits-compensation-pension-law.html

 To ensure delivery of this journal, please add LSN@SSRN.com to
 your email contact list.

REDISTRIBUTION
 Individual and professional subscriptions to the journal are for
 single users. It is a violation of copyright to redistribute
 this document electronically or otherwise without the explicit
 permission of Social Science Electronic Publishing, Inc.
 Site licenses for organizations are available by contacting
 Mailto:Site@SSRN.Com

SIGN OFF
 SUBSCRIPTION MANAGEMENT
 You can change your journal subscriptions by going to the SSRN
 User HeadQuarters. Please enter the email address where you
 received this email in the "Your Email Address" field and
 click "Submit". Click on your name on the next screen, and your
 User ID and Password will be emailed to you. Once you have
 successfully logged in, you will be able to change your journal
 subscriptions. If you have questions or problems with this
 process, please email UserSupport@SSRN.com or call 877-SSRNHelp
 (toll free 877.777.6435).

ALIGNMENT
 If this document is misaligned, please set type face to a
 non-proportional font such as Courier 10.

PAPER DOWNLOADS
 If you need assistance downloading papers from our web site,
 please contact Mailto:Support@SSRN.Com


T A B L E   of   C O N T E N T S
_________________________________________________________________


NEW and FORTHCOMING ARTICLES

"Employee Share Ownership: Safeguarding Investments in Human
 Capital"
      British Journal of Industrial Relations, Vol. 43, No. 3,
      pp. 469-488, September 2005
     ANDREW M. ROBINSON
        University of Leeds - Faculty of Business
     HAO ZHANG
        University of Leeds - Faculty of Business


"Thinking and Doing - The Regulation Of Workers' Human Capital in
 the United States"
      Socio-Economic Review, Vol. 3, September 2005
     KATHERINE VAN WEZEL STONE
        University of California, Los Angeles
        School of Law

WORKING PAPERS

"Employee Sentiment and Stock Option Compensation"
     NITTAI BERGMAN
        Massachusetts Institute of Technology (MIT)
        Sloan School of Management
     DIRK C. JENTER
        Massachusetts Institute of Technology (MIT)
        Sloan School of Management
        National Bureau of Economic Research (NBER)


"Varieties of Employee Ownership: The Unintended Consequences of
 Corporate Law and Labor Law"
     ADITI BAGCHI
        Independent


"Employee Share Ownership Schemes in Australia: A Survey of Key
 Issues and Themes"
     RICHARD MITCHELL
        Melbourne Law School, University of Melbourne
     JARROD LENNE
        Melbourne Law School, University of Melbourne
     IAN MALCOLM RAMSAY
        Melbourne Law School, University of Melbourne


"On the 'Essential Condition' of Intellectual Capital: Labour!"
     DAVID O'DONNELL
        Intellectual Capital Research Institute of Ireland
     MAIREAD TRACEY
        University of Limerick
     LARS BO HENRIKSEN
        Aalborg University - Department of Development &
        Planning
     PETER CLEARY
        National University of Ireland - University College
        Cork
     NICK BONTIS
        McMaster University
        Michael G. DeGroote School of Business
     TOM KENNEDY
        University of Limerick
     PHILIP O'REGAN
        University of Limerick


"Working Alone: What Ever Happened to the Idea of Organizations
 as Communities"
     JEFFREY PFEFFER
        Stanford University
        Graduate School of Business


S S R N   I N F O R M A T I O N
_________________________________________________________________

          * Partners in Publishing
          * Administrative Information
             - Missing issues & change of address
             - Solicitation of abstracts
          * Directors
          * Subscription to SSRN Journals
_________________________________________________________________

ACQUIRING PAPERS
 Download papers directly from the included web address or contact
 the author or other contact person directly. Provide an address
 to which the author or other contact person can send a paper
 copy and mention that you saw the abstract in SSRN. Some of
 SSRN's Partners in Publishing require a subscription or charge a
 fee for electronic downloads.


EDITORIAL POLICIES
 To provide the broadest coverage of research in Employee
 Benefits, Compensation & Pension Law we do not referee working
 papers. We accept abstracts of working papers in Employee
 Benefits, Compensation & Pension Law whose topics suit the
 coverage of the journal and which are part of the worldwide
 scholarly discourse.


N E W   and   F O R T H C O M I N G   Articles
_________________________________________________________________

"Employee Share Ownership: Safeguarding Investments in Human
 Capital"
      British Journal of Industrial Relations, Vol. 43, No. 3,
      pp. 469-488, September 2005

      BY:  ANDREW M. ROBINSON
              University of Leeds - Faculty of Business
           HAO ZHANG
              University of Leeds - Faculty of Business

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=788991

 Contact:  ANDREW M. ROBINSON
   Email:  Mailto:A.M.Robinson@lubs.leeds.ac.uk
  Postal:  University of Leeds - Faculty of Business
           Leeds LS2 9JT,    UNITED KINGDOM
   Phone:  0113-343-4907
 Co-Auth:  HAO ZHANG
   Email:  Mailto:H.Zhang@lubs.leeds.ac.uk
  Postal:  University of Leeds - Faculty of Business
           Leeds LS2 9JT,    UNITED KINGDOM

ABSTRACT:
 Valuable investments in human capital, it has been argued, may
 be at risk in much the same way as shareholder equity capital.
 In this paper, we develop and test the hypothesis that employee
 share ownership (ESO) may be used to encourage and safeguard
 investments in human capital. Using the Workplace Employee
 Relations Survey 1998, we examine the empirical link between the
 likelihood of ESO and the presence of valuable human capital.
 Adjusted for possible structural influences, empirical evidence
 suggests considerable support for our hypothesis.

______________________________

"Thinking and Doing - The Regulation Of Workers' Human Capital in
 the United States"
      Socio-Economic Review, Vol. 3, September 2005

      BY:  KATHERINE VAN WEZEL STONE
              University of California, Los Angeles
              School of Law

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=717903

Paper ID:  UCLA School of Law Research Paper No. 05-13

 Contact:  KATHERINE VAN WEZEL STONE
   Email:  Mailto:stone@law.ucla.edu
  Postal:  University of California, Los Angeles
           School of Law
           405 Hilgard Avenue
           Box 951476
           Los Angeles, CA 90095-1476  UNITED STATES

ABSTRACT:
 The ownership of human capital has become a hotly contested
 issue in the United States. Covenants not to compete are widely
 used in the American workplace and the source of an enormous
 volume of litigation. Trade secret disputes are also widespread.
 The issues raised by these cases are not new, but they are
 arising with increasing frequency and are posed in a new way.
 The new focus on workers' human capital is a result of the fact
 that, in the past two decades, the employment relationship has
 changed from one in which workers' knowledge about production
 was devalued to one in which it is highly prized. This change in
 the nature of the employment relationship has many far-reaching
 implications for many aspects of employment regulation, of which
 the ownership of human capital is high on the list. This article
 examines the current disputes and legal trends concerning the
 issue of who owns the workers' human capital from an historical
 perspective. It begins with a review of the regulation of
 employee human capital in earlier employment systems and a
 description of the new employment relationship. It then
 discusses the current controversies and changing legal framework
 governing the ownership of human capital to show that the law is
 out of step with the changes in the nature of work. Part III
 proposes an approach that is consistent with the implicit
 promises and understandings that underlie the new employment
 relationship.

______________________________

W O R K I N G   P A P E R   Abstracts
_________________________________________________________________

"Employee Sentiment and Stock Option Compensation"

      BY:  NITTAI BERGMAN
              Massachusetts Institute of Technology (MIT)
              Sloan School of Management
           DIRK C. JENTER
              Massachusetts Institute of Technology (MIT)
              Sloan School of Management
              National Bureau of Economic Research (NBER)

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=741557

Paper ID:  NBER Working Paper No. W11409
    Date:  June 2005

 Contact:  DIRK C. JENTER
   Email:  Mailto:djenter@mit.edu
  Postal:  Massachusetts Institute of Technology (MIT)
           Sloan School of Management
           50 Memorial Drive
           Cambridge, MA 02142  UNITED STATES
   Phone:  617-258-8947
 Co-Auth:  NITTAI BERGMAN
   Email:  Mailto:nbergman@mit.edu
  Postal:  Massachusetts Institute of Technology (MIT)
           Sloan School of Management
           50 Memorial Drive
           Cambridge, MA 02142  UNITED STATES

ABSTRACT:
 The use of equity-based compensation for employees in the lower
 ranks of large organizations is a puzzle for standard economic
 theory: undiversified employees should discount company equity
 heavily, and any positive incentive effects should be diminished
 by free rider problems. We analyze whether the popularity of
 option compensation for rank and file employees may be driven by
 employee optimism. We develop a model of optimal compensation
 policy for a firm faced with employees with positive or negative
 sentiment, and explicitly take into account that current and
 potential employees are able to purchase equity in the firm
 through the stock market. We show that employee optimism by
 itself is insufficient to make equity compensation optimal for
 the firm. Any behavioral explanation for equity compensation
 based on employee optimism requires two ingredients: first,
 employees need be over-optimistic about firm value, and second,
 firms must be able to extract part of the implied rents even
 though employees can purchase company equity in the market. Such
 rent extraction becomes feasible if employees prefer the
 non-traded compensation options offered by firms to the traded
 equity offered by the market, or if the traded equity is
 overvalued. We then provide empirical evidence confirming that
 firms use broad-based option compensation when boundedly
 rational employees are likely to be excessively optimistic about
 company stock, and when employees are likely to have a strict
 preference for options over stock.


JEL Classification: G3, J3
______________________________

"Varieties of Employee Ownership: The Unintended Consequences of
 Corporate Law and Labor Law"

      BY:  ADITI BAGCHI
              Independent

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=757564

    Date:  May 2005

 Contact:  ADITI BAGCHI
   Email:  Mailto:bagchiaditi@yahoo.com
  Postal:  Independent
           No Address Available,

ABSTRACT:
 Theories of employee ownership implicitly assume that its
 essential features are the same in all countries. In fact,
 employee ownership varies considerably across institutional
 environments. In this paper, I compare its development in the
 United States, Germany, and Sweden to show that the
 institutional background - in particular, the existing bodies of
 corporate and labor law - against which a program of employee
 ownership arises determines its course. Background institutions
 determine the cost of worker control over management, the cost
 of collective decision-making, and the expected gains from
 risk-bearing. Those consequences of corporate and labor law in
 turn determine whether employee ownership legislation transfers,
 or creates incentives for firms to transfer, a share of profits
 to workers (residual income rights); or whether legislation
 instead empowers workers to raise the present and/or deferred
 price of labor in proportion to profitability (control). Workers
 and their representative organizations push (or allow) only
 those employee ownership programs that secure what is absent but
 feasible in light of their existing range of tools. Even when
 employee ownership is a viable program, employee ownership
 legislation can only augment, not revise, the present
 institutional resources of organized labor.

______________________________

"Employee Share Ownership Schemes in Australia: A Survey of Key
 Issues and Themes"

      BY:  RICHARD MITCHELL
              Melbourne Law School, University of Melbourne
           JARROD LENNE
              Melbourne Law School, University of Melbourne
           IAN MALCOLM RAMSAY
              Melbourne Law School, University of Melbourne

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=809944

Paper ID:  U of Melbourne Legal Studies Research Paper No. 129;
           Partnerships at Work Research Paper Series
    Date:  May 2005

 Contact:  RICHARD MITCHELL
   Email:  Mailto:r.mitchell@law.unimelb.edu.au
  Postal:  Melbourne Law School, University of Melbourne
           Centre for Employment & Labour Relations Law
           Victoria 3010,    AUSTRALIA
 Co-Auth:  JARROD LENNE
   Email:  Mailto:jarrodlenne@netscape.net
  Postal:  Melbourne Law School, University of Melbourne
           Victoria 3010,    AUSTRALIA
 Co-Auth:  IAN MALCOLM RAMSAY
   Email:  Mailto:i.ramsay@unimelb.edu.au
  Postal:  Melbourne Law School, University of Melbourne
           Centre for Corporate Law & Securities Regulation
           Victoria 3010,    AUSTRALIA

ABSTRACT:
 Employee share ownership ('ESO') schemes have recently been the
 subject of public policy interest in Australia. Employees owning
 shares in the company for which they work potentially has a
 number of ramifications, not least of which is the prospect that
 these schemes might circumvent the problematic of employees as
 'outsiders' in corporate governance.

 This paper surveys key issues and themes surrounding ESO
 schemes in Australia. It explores the varied policy rationales
 for these schemes, noting both broad bipartisan support and a
 generally limited conception of their fundamental purpose. The
 paper also outlines the current state of empirical research on
 their incidence and effects. It is suggested that available
 information on ESO schemes is patchy and there is no clear
 picture of Australian practices. In light of an overview of the
 present regulation of ESO schemes, the paper concludes by
 highlighting further research questions.


JEL Classification: K31, K22
______________________________

"On the 'Essential Condition' of Intellectual Capital: Labour!"

      BY:  DAVID O'DONNELL
              Intellectual Capital Research Institute of Ireland
           MAIREAD TRACEY
              University of Limerick
           LARS BO HENRIKSEN
              Aalborg University - Department of Development &
              Planning
           PETER CLEARY
              National University of Ireland - University College
              Cork
           NICK BONTIS
              McMaster University
              Michael G. DeGroote School of Business
           TOM KENNEDY
              University of Limerick
           PHILIP O'REGAN
              University of Limerick

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=808245

    Date:  July 2005

 Contact:  DAVID O'DONNELL
   Email:  Mailto:david.odonnell@ireland.com
  Postal:  Intellectual Capital Research Institute of Ireland
           Limerick County,    IRELAND
 Co-Auth:  MAIREAD TRACEY
   Email:  Mailto:mairead.tracey@ul.ie
  Postal:  University of Limerick
           Limerick,    IRELAND
 Co-Auth:  LARS BO HENRIKSEN
   Email:  Mailto:lbh@plan.auc.dk
  Postal:  Aalborg University - Department of Development & Planning
           Fredrik Bajers Vej 7E
           DK-9220 Aalborg,    DENMARK
 Co-Auth:  PETER CLEARY
   Email:  Mailto:p.cleary@ucc.ie
  Postal:  National University of Ireland - University College Cork
           Cork,    IRELAND
 Co-Auth:  NICK BONTIS
   Email:  Mailto:nbontis@mcmaster.ca
  Postal:  McMaster University
           Michael G. DeGroote School of Business
           1280 Main Street West
           Hamilton,  L8S 4M4 Ontario   CANADA
 Co-Auth:  TOM KENNEDY
   Email:  Mailto:tom.kennedy@ul.ie
  Postal:  University of Limerick
           Limerick,    IRELAND
 Co-Auth:  PHILIP O'REGAN
   Email:  Mailto:philip.oregan@ul.ie
  Postal:  University of Limerick
           Limerick,    IRELAND

ABSTRACT:
 This paper explicitly raises the issue of the ownership rights
 of labour to intellectual capital. Following Marx and Engels'
 identification of the 'essential condition of capital' - this
 paper begins an initial critical exploration of the essential
 condition of intellectual capital, particularly the ownership
 rights of labour. Adopting a critically modernist stance on
 unitarist HR and OB discourse, and contextualised within a
 background on the stock option phenomenon and recent accounting
 regulation, the paper argues that the fundamental nature of the
 capital-labour relation continues resiliently into the IC-labour
 relation. There is strong evidence that broad-based ESOPs have
 become institutionalised in certain firms and sectors - but the
 future of such schemes is very uncertain post 2005 accounting
 regulation. Overly unitarist HR/OB arguments are challenged here
 with empirical evidence on capital's more latently strategic
 purposes such as conserving cash, reducing reported accounting
 expense in order to boost reported earnings, deferring taxes,
 and attracting, retaining and exploiting key elements of labour.
 Research supports the positive benefits of broad-based employee
 stock ownership schemes; but further research on the benefits of
 such schemes and the reasons why they are or are not implemented
 is now required. From the perspective of labour, nothing appears
 to have really changed (yet) in terms of the essential condition
 of intellectual capital.


JEL Classification: A13, D23, D63, J33, M52, P16
______________________________

"Working Alone: What Ever Happened to the Idea of Organizations
 as Communities"

      BY:  JEFFREY PFEFFER
              Stanford University
              Graduate School of Business

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=804544

Paper ID:  Stanford GSB Research Paper No. 1906
    Date:  July 2005

 Contact:  JEFFREY PFEFFER
   Email:  Mailto:pfeffer_jeffrey@gsb.stanford.edu
  Postal:  Stanford University
           Graduate School of Business
           518 Memorial Way
           Stanford, CA 94305-5015  UNITED STATES

Paper Requests:
 For hard copies at Graduate School of Business, contact Harjeet
 Heer. Mailto:heer_harjeet@gsb.stanford.edu. Postal: Graduate
 School of Business, Stanford University, Stanford, CA
 94305-5015.

ABSTRACT:
 Even as employees are increasingly disengaged and distrustful of
 their employers, organizations have moved to become less like
 communities and adopt more arms-length and distant relationships
 with their people. Organizations that are more communal have
 arrangements for helping employees in need, offer more generous
 employee benefits and assistance, eschew anti-nepotism policies,
 have more company sponsored social events, are better at
 resolving work-family issues, and foster long-term employment
 relations. Although there are clearly disadvantages from
 building a more inclusive relationship with the workforce, some
 case evidence and theory suggests that there are profound
 advantages from organizations becoming more communal. This
 raises the interesting question of how to explain the trend in
 observed practices.