- Title Pages
- Dedication
- Notes on Contributors
- Acknowledgements
- List of Abbreviations
- Introduction
- 1 The Horizons of Transformative Labour and Employment Law
- 2 Labour Law at the Century’s End: An Identity Crisis?
- 3 Women, Work, and Family: A British Revolution?
- 4 Who Needs Labour Law? Defining the Scope of Labour Protection
- 5 Beyond Labour Law’s Parochialism: A Re-envisioning of the Discourse of Redistribution
- 6 Feminization and Contingency: Regulating the Stakes of Work for Women
- 7 Seeking Post-Seattle Clarity—and Inspiration
- 8 Death of a Labour Lawyer?
- 9 The Many Futures of the Contract of Employment<sup>1</sup>
- 10 From Amelioration to Transformation: Capitalism, the Market, and Corporate Reform
- 11 Death and Suicide from Overwork: The Japanese Workplace and Labour Law
- 12 A Closer Look at the Emerging Employment Law of Silicon Valley’s High-Velocity Labour Market
- 13 ‘A domain into which the King’s writ does not seek to run’: Workplace Justice in the Shadow of Employment-at-Will
- 14 The Limits of Labour Law in a Fungible Community
- 15 Immigration Policies in Southern Europe: More State, Less Market?
- 16 The Imagined European Community: Are Housewives European Citizens?
- 17 Critical Reflections on ‘Citizenship’ as a Progressive Aspiration
- 18 The Decline of Union Power—Structural Inevitability or Policy Choice?
- 19 <i>The Voyage of the</i> Neptune Jade: <i>Transnational Labour Solidarity and the Obstacles of Domestic Law</i>
- 20 Mexican Trade Unionism in a Time of Transition
- 21 A New Course for Labour Unions: Identity-Based Organizing as a Response to Globalization
- 22 Difference and Solidarity: Unions in a Postmodern Age
- 23 Is There a Third Way in Labour Law?
- 24 Private Ordering and Workers’ Rights in the Global Economy: Corporate Codes of Conduct as a Regime of Labour Market Regulation
- 25 Emancipation through Law or the Emasculation of Law? The Nation-State, the EU, and Gender Equality at Work
- 26 Social Rights, Social Citizenship, and Transformative Constitutionalism: A Comparative Assessment
- Index
‘A domain into which the King’s writ does not seek to run’: Workplace Justice in the Shadow of Employment-at-Will
‘A domain into which the King’s writ does not seek to run’: Workplace Justice in the Shadow of Employment-at-Will
- Chapter:
- (p.252) (p.253) 13 ‘A domain into which the King’s writ does not seek to run’: Workplace Justice in the Shadow of Employment-at-Will
- Source:
- Labour Law in an Era of Globalization
- Author(s):
Richard Michael Fischl
- Publisher:
- Oxford University Press
This chapter reflects upon the impact of the background employment-at-will rule in the USA on employment equity, labour law, and other regimes of protective labour legislation. It urges caution about jettisoning traditional legal strategies, arguing forcefully that there can be no workplace equity without workplace justice, and that there can be no workplace justice ‘in the shadow of employment at will’.
Keywords: background employment, USA, employment equity, litigation strategy, labour law
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- Title Pages
- Dedication
- Notes on Contributors
- Acknowledgements
- List of Abbreviations
- Introduction
- 1 The Horizons of Transformative Labour and Employment Law
- 2 Labour Law at the Century’s End: An Identity Crisis?
- 3 Women, Work, and Family: A British Revolution?
- 4 Who Needs Labour Law? Defining the Scope of Labour Protection
- 5 Beyond Labour Law’s Parochialism: A Re-envisioning of the Discourse of Redistribution
- 6 Feminization and Contingency: Regulating the Stakes of Work for Women
- 7 Seeking Post-Seattle Clarity—and Inspiration
- 8 Death of a Labour Lawyer?
- 9 The Many Futures of the Contract of Employment<sup>1</sup>
- 10 From Amelioration to Transformation: Capitalism, the Market, and Corporate Reform
- 11 Death and Suicide from Overwork: The Japanese Workplace and Labour Law
- 12 A Closer Look at the Emerging Employment Law of Silicon Valley’s High-Velocity Labour Market
- 13 ‘A domain into which the King’s writ does not seek to run’: Workplace Justice in the Shadow of Employment-at-Will
- 14 The Limits of Labour Law in a Fungible Community
- 15 Immigration Policies in Southern Europe: More State, Less Market?
- 16 The Imagined European Community: Are Housewives European Citizens?
- 17 Critical Reflections on ‘Citizenship’ as a Progressive Aspiration
- 18 The Decline of Union Power—Structural Inevitability or Policy Choice?
- 19 <i>The Voyage of the</i> Neptune Jade: <i>Transnational Labour Solidarity and the Obstacles of Domestic Law</i>
- 20 Mexican Trade Unionism in a Time of Transition
- 21 A New Course for Labour Unions: Identity-Based Organizing as a Response to Globalization
- 22 Difference and Solidarity: Unions in a Postmodern Age
- 23 Is There a Third Way in Labour Law?
- 24 Private Ordering and Workers’ Rights in the Global Economy: Corporate Codes of Conduct as a Regime of Labour Market Regulation
- 25 Emancipation through Law or the Emasculation of Law? The Nation-State, the EU, and Gender Equality at Work
- 26 Social Rights, Social Citizenship, and Transformative Constitutionalism: A Comparative Assessment
- Index
