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Labor and Employment Law

Florida A&M University College of Law

Series

Labor Law

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

The Vulnerable Subject At Work: A New Perspective On The Employment At-Will Debate, Jonathan Fineman Jan 2013

The Vulnerable Subject At Work: A New Perspective On The Employment At-Will Debate, Jonathan Fineman

Journal Publications

This article applies recent "vulnerability" scholarship to employment law issues. A vulnerability approach argues that the autonomous liberal legal subject at the heart of much of political and legal thought fails to capture the material, social, and developmental realities of the human condition and thus should be replaced with a "vulnerable subject." Importantly, and in contrast to the autonomous, independent, and self sufficient abstraction of the liberal legal subject, the vulnerable legal subject is theorized as embodied and as embedded in social contexts. The idea of the vulnerable subject has been described as providing a needed intervention into U.S. policy …


The Inevitable Demise Of The Implied Employment Contract, Jonathan Fineman Jan 2008

The Inevitable Demise Of The Implied Employment Contract, Jonathan Fineman

Journal Publications

In this article, Professor Fineman argues that courts' decision in the early 1980s to apply implied contract doctrine to employment relationships did not have the intended results. Employers immediately began restructuring their employment documents, and eventually found a way to essentially avoid liability through careful drafting of personnel documents. Professor Fineman further argues that the failure of contract law was inevitable based on the limitations of contract theory. Finally, Professor Fineman suggests a method to more successfully enforce workplace norms by looking to broader-based norms prevalent in the industry or applicable to the type of job position at issue,