Green Shoots in the Labor Market: A Cornucopia of Social Experiments, 36 Comparative Labor Law & Policy Journal
293 (2015). Full Text
Employment and Labor Regulation in Industrial Countries, in International Encyclopedia Of The Social And Behavioral Sciences, 2nd ed
(edited by James Wright, Elsevier, forthcoming, 2015). Full Text
Procedure, Substance, and Power: Collective Litigation and Arbitration of Employment Rights, 61 UCLA Law Review Discourse
164 (2013). Full Text
The Decline in the Standard Employment Contract: Evidence from Ten Advanced Industrial Countries, in Rethinking Workplace Regulation: Beyond the Standard Contract of Employment
(edited by Katherine V.W. Stone and Harry Arthurs, Russell Sage Foundation, 2013). Full Text
Labor Activism in Local Politics: From CBAS to "CBAS" (with Scott Cummings), in The Idea of Labour Law
(edited by Guy Davidov and Brian Languille, Oxford University Press, 2011). Full Text
John R. Commons and the Origins of Legal Realism; or, the Other Tragedy of the Commons, in Vol. 2Transformations in American Legal History
(edited by D. Hamilton & A. Brophy, Harvard University Press, 2011). Full Text
In the Shadow of Globalization: Changing Firm-Level and Shifting Employment Risks in the United States, in The Impact of Globalization on the United States (edited by Beverly Crawford, Michelle Bertho, and Edward Fogarty, 3 volumes, Praeger, 2008).
A Labor Law for a Digital Era: The Future of Labor and Employment Law in the United States, UCLA Journal of Scholarly Perspectives (Summer, 2008).
Alternative Dispute Resolution, in Encyclopedia of Legal History
(edited by Stanley N. Katz, Oxford University Press, 2008). Full Text
Flexibilization, Globalization and Privatization: Three Challenges to Labor Rights in Our Time, in Regulating Labour in the Wake of Globalisation (edited by Brian Bercusson and Cynthia Estlund, Hart Publishing, 2008).
The Future of Labor and Employment Law in the United States, in Encyclopedia of Labor and Employment Law and Econcomics
(edited by Kenneth Dau-Schmidt, S. Harris and O. Lobel, Elgar Publishing, 2008). Full Text
Dismissal Law in the United States: The Past and Present of At-Will Employment, International Collaborative on Social Europe. Paper 7
(2007). Journal Website Full Text
Arbitration - National, in Encyclopedia of Law and Society
(edited by David S. Clark, Sage Publications, 2007). Full Text
Labor ELAted: The Los Angeles Union Movement Revival, 46 Industrial Relations 675-81 (2007). Reviewing L.A. Story: Immigrant Workers and the Future of the U.S. Labor Movement, by Ruth Milkman.
Flexible Production and the Legal Regulation of Employment, Journal of the Society for Study of Social Problems (Japan, 2007).
Comparative Labor Law - Bridging the Past and the Future (with Benjamin Aaron), 29 Comparative Labor Law & Policy Journal 377-91 (2007).
A Fatal Mis-Match: Employer-Centric Benefits in a Boundaryless Workplace, 11 Lewis & Clark Law Review
451-80 (2007). Full Text
A New Labor Law for a New World of Work: The Case for a Comparative-Transnational Approach, 28 Comparative Labor Law & Policy Journal
565-81 (2007). Full Text
Revisiting the At-Will Doctrine: Imposed Terms, Implied Terms, and the Normative World of the Workplace, 36 Industrial Law Journal 84 (2007).
Rethinking Labour Law: Employment Protections for Boundaryless Workers, in Boundaries and Frontiers of Labour Law
(edited by Guy Davidov and Brian Languille, Hart Publishing, 2006). Full Text
Legal Protections for Workers for Atypical Employees: Employment Law for Workers Without Workplaces and Employees Without Employers, 27 Berkeley Journal of Employment and Labor Law
251 (2006). Full Text
Employment Protection for Atypical Workers: Proceedings of the 2006 Annual Meeting, Association of American Law Schools Section on Labor Relations and Employment Law (with George C. Gonos, Stephen F. Befort, and Michelle A. Travis), 10 Employee Rights & Employment Policy Journal 233-70 (2006).
Revisiting the At-Will Employment Doctrine: Imposed Terms, Implied Terms, and the Normative World of the Workplace,, UCLA School of Law, Public Law & Legal Theory Working Paper Series, No. 06-38
(2006). Full Text
Flexibilization, Globalization, and Privatization: Three Challenges to Labor Rights in Our Time, 44 Osgoode Hall Law Journal
77-104 (2006). Full Text
At Age Seventy, Should the National Labor Relations Act Be Retired: Proceedings of the 2005 Annual Meeting, Association of American Law Schools Section on Labor Relations and Employment Law (with Christopher Ruiz Cameron, Jeffrey S. Brand, Ellen Dannin, Jonathan Hiatt, and William B. Gould, IV), 9 Employee Rights and Employment Policy Journal 121-46 (2005).
The New Face of Employment Discrimination, in Feminism Confronts Homo Economicus (edited by Martha Fineman and Terence Dougherty, Cornell University Press, 2005).
Procedural Justice in the Boundaryless Workplace: The Tension Between Due Process and Public Policy, 80 Notre Dame Law Review 501-21 (2005).
Legal Regulation of the Changing Contract of Employment, 14 Cornell Journal of Law and Public Policy
563-79 (2004). Abstract
The Steelworkers’ Trilogy and the Evolution of the Law of Labor Arbitration, in Labor Love Stories
(edited by Laura Cooper and Catherine Fisk, Foundation Press, 2004). Full Text
The New Face of Employment Discrimination, in NYU Selected Essays on Labor and Employment Law 1 (edited by David Sherwyn and Michael U. Yelnosky, Kluwer, 2003).
Incoming Inequality in the Digital Era, European Labor Studies Working Paper Series, No. 13,University of Catania (2002).
Knowledge at Work: Disputes Over the Ownership of Human Capital in the Changing Workplace, 34 Connecticut Law Review
721-63 (2002). Full Text
Human Capital and Employee Mobility: A Rejoinder, 34 Connecticut Law Review 1233-47 (2002).
Employee Representation in the Boundary-less Workplace, 77 Chicago-Kent Law Review 773-819 (2002).
The New Psychological Contract: Implications of the Changing Workplace for Labor and Employment Law, 48 UCLA Law Review
519-661 (2001). Abstract
Dispute Resolution in the Boundaryless Workplace, 16 Ohio State Journal of Dispute Resolution 2001 (2001). Reprinted in Alternative Dispute Resolution in the Employment Arena: Proceedings of the New York University 53rd Annual Conference on Labor and Employment (edited by Samuel Estreicher, Kluwer Law International, 2001).
Employment Regulation, in International Encyclopedia of the Social and Behavior Sciences (edited by Neil J. Smelser and Paul B. Baltes, Elsevier Science Ltd, 2001).
Labor and the American State: The Evolution of Labor Regulation in the United States, in The Rise And Development of Collective Labour Law (edited by Marcel van der Linden and Richard Price, Peter Lang Publishers, 2000).
Rustic Justice: Community and Coercion Under the Federal Arbitration Act, 77 North Carolina Law Review 931-1036 (1999).
To the Yukon and Beyond: Local Laborers Afoot in the Global Labor Market, 3 Journal of Small and Emerging Business Law
93-103 (1999). Reprinted in Global Competition and the American Employment Landscape As We Enter The 21st Century: Proceedings of the New York University 52nd Annual Conference on Labor
, (edited by Samuel Estreicher, Kluwer Law International, 2000). Full Text
Employment Arbitration Under the Federal Arbitration Act, in Employment Dispute Resolution and Worker Rights in the Changing Workplace (edited by Jeffrey Keefe and Adrienne Eaton, Industrial Relations Research Association, 1999).
Labour and the American State: The Evolution of Labour Regulation in the United States, in Comparative Labor Law History (edited by Richard Price and Marcel Van Der Linden, Kluwer Law, 1999).
The Prospects for Transnational Labor Regulation: Reconciling Globalization and Labor Rights in the EU and NAFTA, in Advancing Labour Law Theory in the Global Economy (edited by Thomas Wilthagen, Koninklijke Nederlandse Akademie van Wetenschapen, Elsevier Science Publishers, 1998).
Mandatory Arbitration of Individual Employment Rights: The Yellow Dog Contract of the 1990s, 73 Denver Law Review 1017-50 (1996).
Labor and the Global Economy: Four Approaches to Transnational Labor Regulation, 16 Michigan Journal of International Law 987-1028 (1995). Reprinted in International Regulatory Competition and Coordination: Perspectives on Economic Regulation in Europe and the United States (William Bratton, Joeseph McCahery, and Sol Piccioto, Oxford University Press, 1996).
E.P. Thompson, Chronicler of the Dispossessed, 82 Georgetown Law Review 2025-37 (1994).
Policing Employment Contracts Within the Nexus-of-Contracts Firm, 43 University of Toronto Law Review 353 (1994).
The Legacy of Industrial Pluralism: The Tension Between Individual Employment Rights and the New Deal Collective Bargaining System, 59 University of Chicago Law Review 575 (1992). Reprinted in Labor Law (edited by David L. Gregory, New York University Press, 1993).
Labor Markets, Employment Contracts, and Corporate Change, in Corporate Accountability and Control (edited by Sol Picciotto, Colin Scott, and Joseph McCahery, Clarendon Press, 1993).
Employees as Stakeholders Under State Non-Shareholder Constituency Statutes, 21 Stetson Law Review 45 (1991).
Labor Relations on the Airlines: The Railway Labor Act in the Era of Deregulation, 42 Stanford Law Journal 1485 (1990).
The Legal Regulation of Economic Weapons: A Comparative Perspective, Proceedings of the 43rd Annual New York University Conference in Labor Law 79-107 (1990).
The Future of Collective Bargaining, 58 University of Cincinnati Law Review 477 (1989). Reviewing Labor Law and Business Change – Theoretical and Transaction Perspectives, edited by Samuel Estreicher and Daniel Collins.
Labor and the Corporate Structure: Changing Conceptions and Emerging Possibilities, 55 University of Chicago Law Review 73 (Winter, 1988).
Welfare and the Worker: The Case of Big Steel, in Insights On American History (edited by Norman Risjord, Harcourt, Brace Publishers, 1988).
Re-Envisioning Labor Law: A Reply to Professor Finkin, 45 Maryland Law Review (1986).
The Structure of Post-War Labor Relations, 90 Yale Law Journal 1509-80 (1981). Reprinted in 11 New York University Review of Law and Social Change 125 (1982-1983).
The Origins of Job Structures in the Steel Industry, 6 Review of Radical Political Economics 27 (1974). Reprinted in Labor Market Segmentation 27-84 (edited by Richard C. Edwards, Michael Reich, and David M. Gordon, Heath, 1975); in Root and Branch: The Rise of the Workers Movement (Fawcett, 1975); in Complex Organizations: Critical Perspectives (edited by Mary Zey-Ferrell and Michael Aiken, Scott, Forsman and Company, 1981); and translated in Swedish in Klass-Maktoch Arbetsdelning (Archives Studies, Stockholm, 1987).
After the Coffee Break, in Bitter Wages: Nader Task Force Report on Occupational Health (edited by Joseph Page and Mary Winn O'Brien, Grossman Publishers, 1972).
Factory Versus Worker: Occupational Safety and Health as a Environmental Issue, in Earth Took Kit (edited by Environmental Action, Pocket Books, 1971).