Employment Law: Private Ordering and Its Limitations

Front Cover
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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Contents

STATUTORY PROTECTIONS
14
B Distinguishing Employer from Employee
26
The Rise of Contingent Labor as a Challenge
37
Copyright

43 other sections not shown

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About the author (2007)

Professor Timothy P. Glynn specializes in Corporate and Employment Law and the intersection between these two areas. Professor Glynn joined the Seton Hall Law School faculty in 1999. He teaches in the corporate, employment, and civil procedure areas. Outside of the classroom, he provides assistance and mentoring to students in a variety of ways, including serving as the advisor for the law school s corporate concentration, and its SEC and NYSE externship programs. The student body honored Professor Glynn as Professor of the Year in 2002-03. In 2004, he was promoted to the rank of full professor, and, in 2008, he was named the Miriam T. Rooney Professor of Law. Professor Glynn has written in the areas of corporate law, employment law, the law of evidentiary privileges, and civil procedure. In 2007, he published a casebook, Employment Law: Private Ordering and Its Limitations (with Rachel Arnow-Richman and Charles Sullivan), which introduces students to the employer-employee relationship by exploring the tension between privately ordered terms and public mandates. His other recent scholarship focuses on the allocation of responsibility and decision making authority within the corporation as well as the impact of choice-of-law doctrine and interjurisdictional competition on different corporate stakeholders. Thus, from a variety of perspectives, he addresses how prevailing legal norms in the corporate context affect not only shareholders and managers, but also employees, creditors, counsel, and society. Professor Glynn received his B.A., magna cum laude, from Harvard University, and his J.D., magna cum laude, from the University of Minnesota Law School, where he served as Editor-in-Chief of the Minnesota Law Review. He clerked for the Honorable Donald P. Lay, United States Court of Appeals for the Eighth Circuit. He then practiced law as an associate at the firm of Leonard, Street and Deinard in Minneapolis, Minnesota, focusing in the areas of securities, business, and employment litigation. Prior to joining Seton Hall, he again served as a judicial clerk, this time for the Honorable John R. Tunheim, United States District Court for the District of Minnesota. Employment Law: Private Ordering and Its Limitations (with Charles Sullivan and Rachel S. Arnow-Richman) (2007, Aspen Publishers)

Rachel Arnow-Richman earned her JD, cum laude, from Harvard University and her BA, summa cum laude, in English from Rutgers University. She also holds an LLM from Temple University School of Law, where she was an Abraham L. Freedman Fellow and Lecturer in Law. Prior to joining the College of Law, Prof. Arnow-Richman was an associate professor at the Texas Wesleyan University School of Law and a visiting associate professor at Temple University School of Law. Before entering law teaching, she served as a judicial clerk to the New Jersey Supreme Court and practiced employment and commercial law at Drinker, Biddle and Reath LLP in Philadelphia. Prof. Arnow-Richman teaches and publishes in the areas of employment law and contracts. She serves on the Executive Committees of the American Association of Law Schools Sections on Labor and Employment Law and Contracts and Commercial Law.

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