Monday, June 25, 2012

Theoretical Foundations of LEL

CrowdThe following request came to me yesterday from a LEL professor at a university outside the U.S., and I thought it the perfect subject for crowdsourcing.  What do you consider to be the most important foundational books/articles on American labor/employment law?

Could you please advise me on the bibliographic data (or just the names and the authors) of the papers and/or books (textbooks and/or monographs) devoted, wholly or partly, towards the historical and theoretical foundations of labour and employment law, which are considered to be major scholarly sources in the teaching of these disciplines in the US universities? It might be publications on the discipline as a whole or on some specific aspect which is considered a unique feature or an institution or a concept or a doctrine, which exists now or existed in the history of the US labour and employment law (like f.i. an employment-at-will doctrine, which most of us are somewhat familiar with, but not confined to it).

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Karl E. Klare, “Judicial Deradicalization of the Wagner Act and the Origins of Modern Legal Consciousness,” 62 Minnesota Law Review 265 (1978)

Posted by: James A.W. Shaw | Jun 25, 2012 9:10:25 AM

James Atleson, _Values and Assumnptions in American Labor Law_.

Posted by: Joseph Slater | Jun 25, 2012 12:32:39 PM

Here's a link to the labor and employment edition of the Research Canons project that Matt Bodie put together on Prawfsblawg:

Posted by: Charlotte Garden | Jun 25, 2012 1:03:19 PM

Of course in his book title, Prof. Atleson spelled the word "Assumptions" correctly. . . .

Posted by: Joseph Slater | Jun 25, 2012 1:11:14 PM

Carol Daugherty Rasnic, Die Kundigung, Licenciement, Recesso dal Contrato, 'Firing,' or 'Sacking': Comparing European and American Laws on Management Prerogatives and Discretion in Termination Decisions, 18 Ind. Int'l & Comp. L. Rev. 19 (2008) (In particular a good historical summary of the development of the U.S. at-will employment doctrine, at page 67.)

Posted by: Andrew Stumpff | Jun 25, 2012 1:13:08 PM

Paul Weiler, Governing the Workplace

Posted by: Mike Zimmer | Jun 25, 2012 1:41:23 PM

James Wooten, The Employee Retirement Income Security Act of 1974, A Political History

Posted by: Donald T. Bogan | Jun 26, 2012 5:47:22 AM

I'd second Paul Weiler's _Governing the Workplace_, and add in James Atleson's _Values and Assumptions in American Labor Law

A piece that made me think about fundamental assumptions and doctrine in employment law was Linda Hamilton Krieger, The Content of Our Categories: A Cognitive Bias Approach to Discrimination and Equal Employment Opportunity, 47 Stan. L. Rev. 1161 (1995). Definitely recommend/

For a more sweeping overview of black-letter concepts and how labor doctrines evolve/stand at present, a good starting treatise is _The Developing Labor Law_ from BNA. The employment treatises are split into different books by subject (i.e., age discrimination, wage/hour, disability, etc.) but have good information for framing the key parts of the law. Not a theoretical angle, but very practical for getting a sense of the 'system' of employment discrimination law in the United States.

Posted by: Rita Trivedi | Jun 26, 2012 6:03:58 AM

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