[for links to full-text articles, see Publications --> articles in chronological order]
The goals of labour law - general goals
"Nonwaivability in Labour Law", 40 Oxford Journal of Legal Studies 482-507 (2020)
Review of Principled Labor Law: U.S. Labor Law Through a Latin American Method, by Sergio Gamonal and César Rosado Marzán", 41 Comparative Labor Law & Policy Journal 289 (2019)
"Subordination vs Domination: Exploring the Differences", 33 International Journal of Labour Law and Industrial Relations 365 (2017)
"The Goals of Regulating Work: Between Universalism and Selecvtivity" 64 University of Toronto Law Journal 1 (2014)
"Articulating the Idea of Labour Law: Why and How" 3 European Labour Law Journal 130-150 (2012)
“The (Changing?) Idea of Labour Law“ 146 International Labour Review 311-320 (2007)
“The Three Axes of Employment Relationships: A Characterization of Workers in Need of Protection“ (2002) 52 University of Toronto Law Journal 357-418
Specific labour laws: goals and interpretation
"Review of Structural Injustice and Workers' Rights by Virginia Mantouvlou, 52 Industrial Law Journal 828-833 (2023)
"Flexibility, Choice and Labour Law: The Challenge of On-Demand Platforms", 73 University of Toronto Law Journal 348-379 (2023) (with Tammy Katsabian)
"The Capability Approach and Labour Law: Identifying the Areas of Fit", in The Capability Approach To Labour Law 42 (Brian Langille ed., OUP 2019)
"A Purposive Interpretation of the National Minimum Wage Act“ 72 Modern Law Review 581-606 (2009)
“In Defence of (Efficiently Administered) 'Just Cause' Dismissal Laws“ 23 International Journal of Comparative Labour Law and Industrial Relations 117-138 (2007)
“Collective Bargaining Law: Purpose and Scope“ (2004) 20 International Journal of Comparative Labour Law and Industrial Relations 81-106
Who is an "employee" / labour law scope/coverage
"Using AI to Mitigate the Employee Misclassification Problem", Modern Law Review (forthcoming)
"The Concept of Employee", in Oxford Handbook of the Law of Work (Guy Davidov, Brian Langille and Gillian Lester eds., 2024) 173-186
"Employee Status Preconditions: A Critical Assessment, Berkeley Journal of Employment & Labor Law (forthcoming) (with Pnina Alon-Shenker)
"Who is an Employee: The Preliminary Tests (Preconditions)", Mishpatim (forthcoming 2023) (Hebrew)
"The ABC Test: A New Model for Employment Status Determination?", 51 Industrial Law Journal 235-276 (2022) (with Pnina Alon-Shenker)
"Nonwaivability in Labour Law", 40 Oxford Journal of Legal Studies 482-507 (2020)
"Putting the Purpose of Labour Law to Work", 16 Jerusalem Review of Legal Studies 68 (2017) (reply to comments, part of a symposium on the book)
“The Status of Uber Drivers: A Purposive Approach”, 6 Spanish Labour Law and Employment Relations Journal 6 (2017)
"The Subjects of Labour Law: 'Employees' and Other Workers" in Research Handbook in Comparative Labor Law 115 (Finkin & Mundlak eds., 2015) (with Mark Freedland and Nicola Kountouris)
"Setting Labour Law's Coverage: Between Universalism and Selectivity" 34 Oxford Journal of Legal Studies 543 (2014)
“Review of The Changing Law of the Employment Relationship: Comparative Analyses in the European Context, by Nicola Countouris“ 4 International Journal of Law in Context 287-290 (2008)
“The Reports of My Death are Greatly Exaggerated: 'Employee' as a Viable (Though Overly-Used) Legal Concept“, in Guy Davidov & Brian Langille (eds.), Boundaries and Frontiers of Labour Law: Goals and Means in the Regulation of Work 133-152 (Hart, 2006)
“The Three Axes of Employment Relationships: A Characterization of Workers in Need of Protection“ (2002) 52 University of Toronto Law Journal 357-418
“Beyond Employees and Independent Contractors: A View from Canada“ (1999) 21 Comparative Labour Law and Policy Journal 7-45 (with Brian Langille)
Dependent contractors / intermediate categories
“Reform in Small Steps: The Case of the Dependent Contractor”, in The Daunting Enterprise of the Law: Essays in Honour of Harry Arthurs 244 (Simon Archer, Daniel Drache & Peer Zumbansen eds., 2017)
"Freelancers: An Intermediate Group in Labour Law?", in Challenging the Legal Boundaries of Work Regulation (Judy Fudge, Shae McCrystal and Kamala Sankaran eds., Hart 2012) 171-185
“Who is a Worker?“ (2005) 34 Industrial Law Journal 57-71
“The Three Axes of Employment Relationships: A Characterization of Workers in Need of Protection“ (2002) 52 University of Toronto Law Journal 357-418
“Beyond Employees and Independent Contractors: A View from Canada“ (1999) 21 Comparative Labour Law and Policy Journal 7-45 (with Brian Langille)
Who is an "employer" and lead company liability
"Indirect Employment: Should Lead Companies Be Liable?" 37 Comparative Labor Law and Policy Journal 5 (2015)
“Indirect Employment“ 12 Labour, Law and Society (2010) (Hebrew)
“Workers Through Subcontractors at Schools”, in Privatization and Commercalization of State Education in Israel (Orit Ichilov ed., 2010) 145-173 (Hebrew)
“Joint Employers Status in Triangular Employment Relationships“ (2004) 42 British Journal of Industrial Relations 727-746
Nonwaivability and Consent in Labour Law
"Consent in Contracts of Employment", 86 Modern Law Review 1134-1165 (2023) (with Maayan Niezna)
Flexibility, Choice and Labour Law: The Challenge of On-Demand Platforms", 73 University of Toronto Law Journal 348-379 (2023) (with Tammy Katsabian)
"Nonwaivability in Labour Law", 40 Oxford Journal of Legal Studies 482-507 (2020)
Universalism and selectivity in labour law
"Flexibility, Choice and Labour Law: The Challenge of On-Demand Platforms", 73 University of Toronto Law Journal 348-379 (2023) (with Tammy Katsabian)
"Nonwaivability in Labour Law", 40 Oxford Journal of Legal Studies 482-507 (2020)
"Setting Labour Law's Coverage: Between Universalism and Selectivity" 34 Oxford Journal of Legal Studies 543 (2014)
"The Goals of Regulating Work: Between Universalism and Selecvtivity" 64 University of Toronto Law Journal 1 (2014)
Platform/on-demand work
"Flexibility, Choice and Labour Law: The Challenge of On-Demand Platforms", 73 University of Toronto Law Journal 348-279 (2023) (with Tammy Katsabian)
"The ABC Test: A New Model for Employment Status Determination?", 51 Industrial Law Journal 235-276 (2022) (with Pnina Alon-Shenker)
“The Status of Uber Drivers: A Purposive Approach”, 6 Spanish Labour Law and Employment Relations Journal 6 (2017)
Collective labour law
"Organizing: Should the Employer Have a Say?" 17 Theoretical Inquiries in Law 63 (2016) (with Pnina Alon-Shenker)
”Judicial Development of Collective Labour Rights – Contextually“ 15 Canadian Labour & Employment Law Journal 235-250 (2010)
“A Strike as Part of a Broader Dispute and a Virtual Strike (With Pay) as a Proportional Remedy“ 11 Labour, Society & Law 53-57 (2005) (Hebrew)
“The Actors of Collective Bargaining: Israel” (2004) 51 Bulletin of Comparative Labour Relations 171-182
“Collective Bargaining Law: Purpose and Scope“ (2004) 20 International Journal of Comparative Labour Law and Industrial Relations 81-106
“Workers on Boards of Directors: A Suggested Model”, in Liber Amicorum Menachem Goldberg (Aharon Barak et al., eds.) (Sadan, 2001) 251-285 (Hebrew)
Working time laws
"Flexibility, Choice and Labour Law: The Challenge of On-Demand Platforms", 73 University of Toronto Law Journal 348-379 (2023) (with Tammy Katsabian)
Workplace equality / accommodation
"Accommodating All? (or: 'Ask Not What You Can Do for the Labour Market; Ask What the Labour Market Can Do for You')" 93 Bulletin of Comparative Labour Relations (issue on reasonable accommodation in the modern workplace) 191 (2016) (with Guy Mundlak)
Unfair dismissals / job security
"Intermediate Approaches to Unfair Dismissal Protection" 44 Industrial Law Journal 167 (2015) (with Edo Eshet)
"Job Security: Towards Balanced Intermediate Solutions" 43 Mishpatim 143-181 (2012) (Hebrew) (with Edo Eshet)
“In Defence of (Efficiently Administered) 'Just Cause' Dismissal Laws“ 23 International Journal of Comparative Labour Law and Industrial Relations 117-138 (2007)
Precarious workers
"Employee Status Preconditions: A Critical Assessment, 45 Berkeley Journal of Employment & Labor Law 233-289 (2024) (with Pnina Alon-Shenker)
"Review of Structural Injustice and Workers' Rights by Virginia Mantouvlou, 52 Industrial Law Journal 828-833 (2023)
"Who is an Employee: The Preliminary Tests (Preconditions)", Mishpatim (forthcoming 2023) (Hebrew)
"Special Protection for Cleaners: A Case of Justified Selectivity?" 36 Comparative Labor Law and Policy Journal 219 (2015)
[See also all the articles on "who is an employee", dependent contractors and "who is an employer"]
Open-ended standards
"Applying the Principle of Proportionality in Employment and Labour Law Contexts" 59 McGill Law Journal 375 (2013) (with Pnina Alon-Shenker)
"The Principle of Proportionality in Labor Law and Its Impact on Precarious Workers" 34 Comparative Labor Law and Policy Journal 63-80 (2012)
“Unbound: Some Comments on Israel's Judicially-Developed Labor Law“ 30 Comparative Labour Law and Policy Journal (2009) 283-311
“The Principle of Proportionality in Labour Law“ 31 Iyuney Mishpat 5-55 (2008) (Hebrew)
“The Managerial Prerogative and Contract Law: Following Nahari and Grinshpan“ 38 Mishpatim 415-442 (2008) (Hebrew)
Purposive interpretation
"Review of Structural Injustice and Workers' Rights by Virginia Mantouvlou, 52 Industrial Law Journal 828-833 (2023)
"The Concept of Employee", in Oxford Handbook of the Law of Work (Guy Davidov, Brian Langille and Gillian Lester eds., 2024) 173-186
"Employee Status Preconditions: A Critical Assessment, 45. Berkeley Journal of Employment & Labor Law 233-289 (2024) (with Pnina Alon-Shenker)
"The ABC Test: A New Model for Employment Status Determination?", 51 Industrial Law Journal 235-276 (2022) (with Pnina Alon-Shenker)
Review of Principled Labor Law: U.S. Labor Law Through a Latin American Method, by Sergio Gamonal and César Rosado Marzán", 41 Comparative Labor Law & Policy Journal 289 (2019)
"Putting the Purpose of Labour Law to Work", 16 Jerusalem Review of Legal Studies 68 (2017) (reply to comments, part of a symposium on the book)
"The (Incomplete) Purposive Revolution: A Review of Freedland & Kountouris" 7 Jerusalem Review of Legal Studies 87-98 (2013)
"Articulating the Idea of Labour Law: Why and How" 3 European Labour Law Journal 130-150 (2012)
“Re-Matching Labour Law with Their Purpose”, in The Idea of Labour Law (Guy Davidov & Brian Langille eds., OUP 2011)
"A Purposive Interpretation of the National Minimum Wage Act“ 72 Modern Law Review 581-606 (2009)
Enforcement / compliance
"Using AI to Mitigate the Employee Misclassification Problem", Modern Law Review (forthcoming)
"Improving Compliance with Labor Laws: The Role of Courts", 43 Comparative Labor Law and Policy Journal 71-101 (2022) (with Edo Eshet)
"Compliance with and Enforcement of Labour Laws: An Overview and Some Timely Challenges", 3/2021 Soziales Recht 111 (2021)
”The Enforcement Crisis in Labour Law and the Fallacy of Voluntarist Solutions“ 26 International Journal of Comparative Labour Law and Industrial Relations 61-82 (2010)
“Enforcement Problems in 'Informal' Labor Markets: A View from Israel“ (2005) 27 Comparative Labour Law and Policy Journal 3-26
International labour law
“The Perils of Economic Justifications for International Labor Standards: A Comment on Hyde“ 3 Law & Ethics of Human Rights 179-188 (2009)
Social and economic rights
“Constitutional Review in Budgetary Matters“ 49 Hapraklit 345-383 (2007) (Hebrew)
“The Social-Economic Reform 2002-2003: An Interdisciplinary View” 10 Labour, Society & Law, 209-219 (2004) (Hebrew)
“The Right to Work as a Community and Individual Right and its Constitutional Potential“, in Economic Social and Cultural Rights in Israel (Yoram Rabin and Yuval Shani eds.) (Ramot, 2004) 533-565 (Hebrew)
“The Paradox of Judicial Deference“ 12 National Journal of Constitutional Law 133-164 (2001)
Courts and judicial decision-making
"How Judges Use Weapons of Influence: The Social Psychology of Courts" 46 Israel Law Review 7-24 (2013) (with Maayan Davidov)
“Lay Judges in Labour Courts: Their Role and Contribution in Theory and in Practice”, in Liber Amicorum Elisheva Barak-Ossoskin (2012) 185-206 (Hebrew) (with Reut Begas-Shemer)
“Prolonged Armed Conflict and Diminished Deference to the Military: Lessons from Israel“ 35 Law & Social Inquiry 919-956 (2010) (with Amnon Reichman)
”Judicial Development of Collective Labour Rights – Contextually“ 15 Canadian Labour & Employment Law Journal 235-250 (2010)
“Unbound: Some Comments on Israel's Judicially-Developed Labor Law“ 30 Comparative Labour Law and Policy Journal (2009) 283-311
“Constitutional Review in Budgetary Matters“ 49 Hapraklit 345-383 (2007) (Hebrew)
“The Paradox of Judicial Deference“ (2001) 12 National Journal of Constitutional Law 133-164
Constitutional law
“Prolonged Armed Conflict and Diminished Deference to the Military: Lessons from Israel“ 35 Law & Social Inquiry 919-956 (2010) (with Amnon Reichman)
“Constitutional Review in Budgetary Matters“ 49 Hapraklit 345-383 (2007) (Hebrew)
“State or Family? The 2003 Amendment to the Citizenship and Entrance to Israel Law“ 8 Mishpat Umimshal (2005) 643-699 (a previous version published in 1(2) Lawatch (He’arat Din) 61-93 (Hebrew) (with Jonathan Yovel, Ilan Saban and Amnon Reichman)
“The Right to Work as a Community and Individual Right and its Constitutional Potential“, in Economic Social and Cultural Rights in Israel (Yoram Rabin and Yuval Shani eds.) (Ramot, 2004) 533-565 (Hebrew)
“The Paradox of Judicial Deference“ (2001) 12 National Journal of Constitutional Law 133-164
“Separating Minimal Impairment from Balancing: A Comment on R. v. Sharpe (B.C.C.A.)“ (2000) 5 Review of Constitutional Studies 195-209