[for links to full-text articles, see Publications --> articles in chronological order]

The goals of labour law - general goals

"The Capability Approach and Labour Law: Identifying the Areas of Fit", in The Capability Approach To Labour Law 42 (Brian Langille ed., OUP 2019)

 

"Distributive Justice and Labour Law", in Philosophical Foundations of Labour Law 141 (Hugh Collins, Gillian Lester & Virginia Mantouvalou eds., OUP 2018)

"Subordination vs Domination: Exploring the Differences", International Journal of Labour Law and Industrial Relations (forthcoming 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

The goals of labour law - specific laws

"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

 

"Putting the Purpose of Labour Law to Work", forthcoming in Jerusalem Review of Legal Studies (reply to comments, part of a symposium on the book)

 

“The Status of Uber Drivers: A Purposive Approach”, Spanish Labour Law and Employment Relations Journal (forthcoming 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

Universalism and selectivity in labour law

 

"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)

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)

Workplace equality / accommodation

 

"Distributive Justice and Labour Law", in Philosophical Foundations of Labour Law 141 (Hugh Collins, Gillian Lester & Virginia Mantouvalou eds., OUP 2018)

 

"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

 

"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

"Putting the Purpose of Labour Law to Work", forthcoming in Jerusalem Review of Legal Studies (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

”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