Employment Law: Private Ordering and Limitations / Edition 1

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Overview

Now there is a way to teach a comprehensive yet efficient course in employment law. By presenting a thematically and organizationally coherent view of employment law through the lens of private ordering, this refreshing new casebook avoids overwhelming students while enabling instructors to cover a wide range of content.

The authors make their book accessible and teachable by:

  • organizing the book around the theme of private ordering — the rights and duties that flow between parties in an agreement — and the laws that seek to balance contractual freedoms and market forces with countervailing social interests
  • using this framework to comprehensively cover varied topics taught in the employment law survey course
  • providing thorough thematic and doctrinal coverage of each area
  • presenting cases that are rigorously edited for brevity but include detailed discussions of the facts
  • using brief, accessible notes and questions to address the cases and stimulate critical thinking
  • supplying problems and exercises that require students to apply the doctrine in a particular context and to think creatively about how to protect the interests of workers or their firms
  • developing students' transactional lawyering skills — such as planning, drafting, advising, and negotiating — in the context of the employment relation

The casebook is part of a complete teaching package that includes:

  • a comprehensive Teacher's Manual that explains the selection of materials, discusses how the authors present the materials to their students, lists the questions they ask students, and provides answers and suggested comments for the problems and exercises in the book
  • a helpful website — updated monthly — where professors and students will find newspaper and magazine stories, sample practitioner materials, new cases, updates, additional problems, PowerPoint slides, and employment law examinations
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Product Details

  • ISBN-13: 9780735552883
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 1/28/2007
  • Edition description: Older Edition
  • Edition number: 1
  • Pages: 988
  • Product dimensions: 7.20 (w) x 10.30 (h) x 1.60 (d)

Table of Contents

Introduction

PART I. THE BENEFITS AND BURDENS OF EMPLOYMENT
• The Stakes of 'Employment'

PART II. PRIVATE ORDERING AND DEFAULT TERMS
• The 'At-Will' Default Rule and Its Limits
• Written Contracts and Expressly Negotiated Terms of Employment

PART III. TORT-BASED PROTECTIONS FOR WORKERS
• The Public Policy Exception to the 'At-Will' Rule
• Traditional Torts in the Employment Relationship

PART IV. PROTECTING WORKER AUTONOMY
• Workplace Privacy Protections
• Workplace Speech and Association Protections

PART V. WORKPLACE PROPERTY RIGHTS AND RELATED INTERESTS
• Competition, Employee Loyalty, and the Allocation of Workplace Property Interests

PART VI. STATUTORY PROTECTIONS FOR EMPLOYEES
• Antidiscrimination
• Accomodating Workers' Lives
• Wages and Benefits
• Worker Safety and Health

PART VII. RISK MANAGEMENT
• Managing the Risks and Costs of Liability in Employment Disputes

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