This post is for my Osgoode LLM students in the Theoretical Perspectives on Labour & Employment Law course. The next classes are scheduled for November 11, 12, 13. We are dealing with three topics on those days:
1. New Governance in Labour & Employment Law
2. The Rise and Fall of Industrial Pluralism and the Future of Labour & Employment Law
3. The Adams versus Langille Debate: The ILO, the Charter, and Canadian Labour & Employment Law
Guest Speakers
We are extremely fortunate to have two of North America’s leading labour and employment law professors and theorists visiting our class on Friday: Harry Arthurs and Cynthia Estlund. Should be a great day. Please ensure that you have read the assigned papers written by each of them, which will form the basis of their talk. This is a rare opportunity for you to engage in a small class format with two of the leaders in the field.
The Thursday evening class will be a one hour discussion of New Governance issues to set up our visit from Cindy Estlund on Friday morning. Following that, John Craig of Heenan Blaikie will do a guest talk on some of the Charter cases he’s been working on involving labour law issues, including Fraser v. Ontario, which the Supreme Court should be releasing shortly. Then we’ll have some wine.
On Saturday, we are also very lucky to have Jeffrey Sack (Sack Goldblatt Mitchell) and Brian Burkett (Heenan Blaikie) visiting in the morning slot for a casual discussion of the relationship between labour and employment scholarship and theory and legal practice. This is a completely awesome lineup. Should be a great few days.
As with the October dates, you are required to select one of these topics and to let me know your selection. I will then assign one paper to you, which you are required to summarize in a one page commentary. You are also required to prepare two questions arising out of the material to provoke classroom discussion. Please let me know what topic you would like as soon as you can.
The Readings
Note that papers I have assigned are for the most part longer than those assigned by Professor Tucker, but there are fewer of them. I wanted you to read full, or near full, academic articles. I have assigned only three topics to enable you to spend more time reading detailed, sophisticated academic legal commentary. If work and life commitments prevent you from closely reading all of the assigned articles, please ensure you read some of the selections from each topic so that you can contribute to the class discussion and follow the conversation in each subject pod.
Missing Readings
You may have noticed that two readings were missing from the binder for the November dates. One is my paper, which I was revising. Here is a pdf version of the paper. Please print it out and add it to the binder at Tab 18 (where it is supposed to be).
R18: Doorey, Decentring the Law of the Workplace: Risk and Polycentric Order [Draft Manuscript]
The other missing reading is Roy Adams piece (R22), “A Reply to Brian Lagille”. Here is a scanned version of that paper:
R23: R. Adams “A Reply to Langille”
Email me (ddoorey@yorku.ca) if you have any questions, and with your preferred topic for the one pager. Cheers, David
Note for My Osgoode LLM Students
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