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Research Canons

Books and articles that are essential to a new academic in various areas of legal inquiry as suggested by contributors to PrawfsBlawg.

Employment & Labor Law Articles

  1. Cynthia Estlund, The Ossification of American Labor Law 102 Colum. L. Rev. 1527 (2002) (from employment discrimination; suggested by Jamie Prenkert and Joseph Slater). 
  2. Christine Jolls, Antidiscrimination and Accommodation 115 Harv. L. Rev. 642 (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; suggested by Scott Moss and Jamie Prenkert).
  3. Pauline T.  Kim, Bargaining with Imperfect Information: A Study of Worker Perceptions of Legal Protection in an At-Will World 83 Cornell L. Rev. 105 (1997) (surveying unemployed workers and concluding that workers do not understand 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;  suggested by Scott Moss and Jamie Prenkert).
  4. Linda Hamilton Krieger, The Content of Our Categories: A Cognitive Bias Approach to Discrimination and Equal Employment Opportunity, 47 Stan. L. Rev. 1161 (1995) (from employment discrimination; suggested by Jamie Prenkert). 
  5. Vicki Schultz, Reconceptualizing Sexual Harassment,  107 Yale L. J. 1683 (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; suggested by Scott Moss and Jamie Prenkert).


Employment & Labor Law Books

  1. James Atleson, Values and Assumptions in American Labor Law (1983) (suggested by Joseph Slater). 
  2. Melvyn Dubofsky, The State and Labor in Modern America (1994) (suggested by Joseph Slater). 
  3. Richard A. Epstein, Forbidden Grounds: The Case Against Employment Discrimination Laws (1995) (suggested by Jamie Prenkert). 
  4. Richard. B. Freeman & James L. Medoff, What Do Unions Do? (1984) (suggested by Joseph Slater). 
  5. Katherine V. W. Stone, From Widgets to Digits (2004) (suggested by Joseph Slater). 
  6. Paul C. Weiler, Governing the Workplace (1990). (suggested by Joseph Slater).