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Wednesday, September 27, 2006

Research Canons: Employment & Labor Law

Our next subject matter for the research canons project is Employment & Labor Law.  (See here for a discussion of the research canons project, including some newly added categories, dates, and links to previous installments.)  Please comment on the books and articles that are essential to a new academic in the field.

Patrick O'Donnell has once again contributed his basic bibliography. The document can be downloaded here.

See also the discussion over at Workplace Prof Blog here.

Posted by Matt Bodie on September 27, 2006 at 12:18 AM in Research Canons | Permalink

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» Reminder: Employment and Labor Law Research Canon Suggestions from Workplace Prof Blog
Just a reminder that today on PrawfsBlawg, Matt Bodie (pictured left), as part of his research canon project, is soliciting suggestions for canonical works in the area of labor and employment law. You can make your suggestions here or you [Read More]

Tracked on Sep 27, 2006 8:55:36 AM

Comments

Labor/employment includes a bunch of different sub-fields that have little criss-linkage (i.e., articles in one sub-field don't cite those in another), so here are several:

* Vicki Schultz, Reconceptualizing Sexual Harassment (Yale L J 1998) (discussing how "sexual" harassment law wrongheadedly focuses on sexual content and instead should focus on exclusion -- which makes more sense in part because with "exclusion" as the focus, the "harassment" concept is more easily applied to claims of racial, retaliatory, or other improper motives)

* Pauline Kim, Bargaining with Imperfect Information: A Study of Worker Perceptions of Legal Protection in an At-Will World (Cornell L Rev 1997) (surveying unemployed workers and concluding that workers do not undertsand the employment-at-will rule (most workers believe they can be fired only wit "just cause"), even though employ-at-will has been the rule in virtually all American jurisdictions for about a century, perhaps longer).

* Christine Jolls, Antidiscrimination and Accommodation (Harvard L Rev 2001) (using economic analysis to illustrate that there is "no bright line" between employment "accommodation mandates" (e.g., disability accommodation and mandatory benefits laws) and more traditional "anti-discrimination laws," in part because both types of laws impose real costs on employers and therefore both require costly "accommodations" in a sense)

Posted by: Scott Moss | Sep 27, 2006 11:17:50 AM

A couple of suggestions from employment discrimination:

*Linda Hamilton Krieger, The Content of Our Categories: A Cognitive Bias Approach to Discrimination and Equal Employment Opportunity, 47 Stan. L. Rev. 1161 (1995).

*Epstein's Forbidden Grounds

*A second to each of Scott's nominations.

Posted by: Jamie Prenkert | Sep 27, 2006 12:24:52 PM

I'll cut-and-paste part of my post from worklaw prof here.

I agree with Scott that the lists for labor law and for employment discrimination would at least usually be quite different (as would lists for other employment laws -- wage and hours, occupational safety, etc.). So I'll just list some for labor law.

I would start with these four classic books, mostly not about legal doctrine per se.

Melvyn Dubofsky, _The State and Labor in Modern America_; Paul Weiler, _Governing the Workplace _; James Atleson, _Values and Assumptions in American Labor Law_; Freeman & Medoff, _What Do Unions Do?_

And these two more recent pieces: Katherine V. W. Stone, _From Widgets to Digits_; and Cynthia Estlund, _The Ossification of American Labor Law _

Posted by: Joseph Slater | Sep 27, 2006 3:20:57 PM

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