Law Commons^™

The Market Myth And Pay Disparity In Legal Academia, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

Baseline Questions In Legal Reasoning: The Example Of Property In Jobs, Jack M. Beermann, Joseph William Singer

Faculty Scholarship

In what follows, we critique at-will employment by focusing on the baselines that underlie the analysis. Our ultimate goal is to develop persuasive arguments to move courts and businesses to provide greater job security for workers. One possible reason the courts have been so reluctant to change employment law is that judges analyze job security issues from the standpoint of a series of baselines which have the effect of creating a presumption against job security that is almost impossible to overcome. These baseline assumptions effectively place the burden of proof on advocates of job security.

Judges fail to recognize that …