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Labor and Employment Law

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2017

Wrongful interference

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Where's The Power - Defamation And Wrongful Interference In The Restatement Of Employment Law, Ruben J. Garcia Jan 2017

Where's The Power - Defamation And Wrongful Interference In The Restatement Of Employment Law, Ruben J. Garcia

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In this article, Professor Ruben Garcia argues that the Restatement of Employment Law ("REL") misses the opportunity to address power relations between employers and employees as part of the "law as a whole" in the torts of the workplace. He argues that the omission shows the limits of restatements generally. However, there were other roads not taken by the drafters that might have acknowledged these power differentials in the final draft. Professor Garcia also argues that the normative choices that are made by the REL about the doctrine of compelled self-publication are based on questionable footings. "[A]cceptance of the doctrine …