The daunting enterprise of the law : essays in honour of Harry W. Arthurs

Reconsidering the law through the work of a pre-eminent scholar. Reconsidering the law through the work of a pre-eminent scholar. Harry Arthurs, Professor Emeritus At Osgoode Hall Law School In Toronto And Former President Of York University, Is One Of The Most Widely Respected Scholars, Educators, And Policy Makers In The World Today. His Enormous Academic And Institutional Productivity Has Extended To Administrative And Labour Law, Legal Pluralism And Legal Theory, Legal Education And Institutional Reform. This Collection Brings Together Essays, Thought Pieces, Reminiscences And Commentaries Written In Honour Of Arthurs From Scholars And Colleagues From Around The World Whose Work And Thinking Has Been Shaped By Arthurs' Contributions Over The Years.-- The Singular Pluralism Of Harry Arthurs / Brian Langille -- A Yankee Gets Schooled In King Arthurs's Court : Canadian Labour Law As A Cautionary Tale / Cynthia Estlund -- The Once And Future Industrial Citizen / Gregor Murray -- A Tale Of Two Harrys : The Life And Demise Of Industrial Pluralism In Canada / Eric Tucker -- Defining Labour Standards : Harry Arthurs's Beau Risque / Gilles Trudeau -- Formality And Informality In The Law Of Work / Kerry Rittich -- Mapping Labour Law With, Within, And Without The State / Mark Freedland -- Dancing With Dicey : A Tentative Embrace Of Judicial Review / David Dyzenhaus -- Administrative Justice In Arthurs's Court / Lorne Sossin -- Investor Rights And The Judicial Denial Of Neo-liberal Constitutionalism / David Schneiderman -- Imagination, Determination And Passion : A Heroic Agenda Or Legal Education / Robert W. Gordon -- The State Of Legal Scholarship And Graduate Legal Education In Canada / Liora Salter -- Globalization As Framing Concept : Some Implications For Legal Education / William Twining -- Workplace Law Without The State? / Kevin Banks -- Reform In Small Steps : The Case Of The Dependent Contractor / Guy Davidov -- Labour Markets Should Be Judged Innocent Until Proven Guilty / Morley Gunderson -- Labour Law And The Political Economy Of Inequality / Michael Lynk -- A New Thing : Shall Ye Not Know It? : On Living Metaphors In Transnational Labour Law / Adelle Blackett -- Inequality, Gender Violence, Human Rights / Sally Engle Merry -- Labour Law And Its Last Generation / David Doorey And Ruth Dukes -- The Daunting Challenge : Economic Justice For Subordinated Groups / Katherine V.w. Stone -- Harry Arthurs : The Law Student Years / Martin Friedland -- Confronting The Dragon Of Globalization : Harry, St George, And Me / David M. Trubek -- Reading Landscape And Power / Bruno Caruso. Edited By Simon Archer, Daniel Drache, And Peer Zumbansen. Includes Bibliographical References And Index. An Authoritative Bibliography Of Harry Arthur's Academic And Other Writings--pages 363-376 Issued Also In Electronic Format. Cover 1 Copyright 5 Contents 6 Acknowledgments 10 Abbreviations 14 Introduction: The Daunting Enterprise of the Law 18 PART I: The Pluralization, Decentralization, and Transnationalization of Labour Law 50 1 The Singular Pluralism of Harry Arthurs 52 2 A Yankee Gets Schooled in King Arthurs's Court: Canadian Labour Law as a Cautionary Tale 64 3 The Once and Future Industrial Citizen 77 4 A Tale of Two Harrys: The Life and Demise of Industrial Pluralism in Canada 90 PART II: Labour Law's Precarious Infrastructures 106 5 Defining Labour Standards: Harry Arthurs's Beau Risque 108 6 Formality and Informality in the Law of Work 124 7 Mapping Labour Law With, Within, and Without the State 139 PART III: Legal Ordering's Narrow Ledge 150 8 Dancing with Dicey: A Tentative Embrace of Judicial Review 152 9 Administrative Justice in Arthurs's Court 164 10 Investor Rights and the Judicial Denial of Neo-Liberal Constitutionalism 184 PART IV: The Tree of Knowledge – The Axe of Power 202 11 "Imagination, Determination and Passion": A Heroic Agenda for Legal Education 204 12 The State of Legal Scholarship and Graduate Legal Education in Canada 214 13 "Globalization" as Framing Concept: Some Implications for Legal Education 233 PART V: Citizens and Markets 246 14 Workplace Law without the State? 248 15 Reform in Small Steps: The Case of the Dependent Contractor 259 16 Labour Markets Should Be Judged Innocent until Proven Guilty 273 PART VI: The Frontier of Labour Law's Uncertain Future 284 17 Labour Law and the Political Economy of Inequality 286 18 "A New Thing: Shall Ye Not Know It?": On Living Metaphors in Transnational Labour Law 301 19 Inequality, Gender Violence, Human Rights 313 20 Labour Law and Its "Last" Generation 322 21 The Daunting Challenge: Economic Justice for Subordinated Groups 330 PART VII: Milestones, Imperfect Foresight, and Formative Beginnings: The Making of a Legal Realist 340 22 Harry Arthurs: The Law Student Years 342 23 Confronting the Dragon of Globalization: Harry, St George, and Me 356 24 Reading Landscape and Power 366 An Authoritative Bibliography of Harry Arthurs's Academic and Other Writings 378 Contributors 392 Index 396 ©,McGill-Queen’s,University,Press,2017,isbn,978-0-7735-4889-3,(cloth),isbn,978-0-7735-4890-9,(paper),isbn,978-0-7735-4891-6,(ePDF),isbn,978-0-7735-4892-3,(ePUB) © McGill-Queen’s University Press 2017,isbn 978-0-7735-4889-3 (cloth),isbn 978-0-7735-4890-9 (paper),isbn 978-0-7735-4891-6 (ePDF),isbn 978-0-7735-4892-3 (ePUB) Professor Emeritus At Osgoode Hall Law School And Former President Of Toronto’s York University, Harry W. Arthurs Is One Of Canada’s Most Widely Respected Scholars, Educators, And Policy Makers In The World Today. His Enormous Academic And Institutional Productivity Has Extended To Administrative And Labour Law, Legal Pluralism And Legal Theory, And Legal Education. Bringing Together Scholars Of Law, History, And Political Economy, The Daunting Enterprise Of The Law Applies The Framework Of Arthurs’s Extraordinary Scholarship To A Series Of Themes Running Through Current Legal, Economic, And Political Thought. Contributors From Around The Globe Engage With Arthurs’s Work In Several Fields And Sub-fields And Consider The Past And Future Of Industrial Democracy, Globalization, Labour Law, Legal Education, And Legal Theory In The Twenty-first Century. Through The Process Of Surveying, Evaluating, And Reflecting Upon Arthurs’s Ideas And Intellectual Contributions, They Further Advance The Reader’s Understanding Of Labour Law And Industrial Relations. Remarkable In Breadth And Scope, The Daunting Enterprise Of Law Is Both A Celebration Of Arthurs’s Institutional Achievements And Policy Leadership And An Important Contribution To Contemporary Scholarship. Professor emeritus at Osgoode Hall Law School and former president of Toronto's York University, Harry W. Arthurs is one of the world's most widely respected scholars, educators, and policy makers. His enormous academic and institutional productivity has extended to administrative and labour law, legal pluralism and legal theory, and legal education. Bringing together scholars of law, history, and political economy, The Daunting Enterprise of the Law applies the framework of Arthurs's extraordinary scholarship to a series of themes running through current legal, economic, and political thought. Contributors from around the globe engage with Arthurs's work in several fields and sub-fields and consider the past and future of industrial democracy, globalization, labour law, legal education, and legal theory in the twenty-first century. Through the process of surveying, evaluating, and reflecting upon Arthurs's ideas and intellectual contributions, they further advance the reader's understanding of labour law and industrial relations. Remarkable in breadth and scope, The Daunting Enterprise of Law is both a celebration of Arthurs's institutional achievements and policy leadership and an important contribution to contemporary scholarship. "Harry Arthurs, professor emeritus at Osgoode Hall Law School in Toronto and former president of York University, is one of the most widely respected scholars, educators, and policy makers in the world today. His enormous academic and institutional productivity has extended to administrative and labour law, legal pluralism and legal theory, legal education and institutional reform. This collection brings together essays, thought pieces, reminiscences and commentaries written in honour of Arthurs from scholars and colleagues from around the world whose work and thinking has been shaped byArthurs' contributions over the years."-- Résumé de l'éditeur "Harry Arthurs, professor emeritus at Osgoode Hall Law School in Toronto and former president of York University, is one of the most widely respected scholars, educators, and policy makers in the world today. His enormous academic and institutional productivity has extended to administrative and labour law, legal pluralism and legal theory, legal education and institutional reform. This collection brings together essays, thought pieces, reminiscences and commentaries written in honour of Arthurs from scholars and colleagues from around the world whose work and thinking has been shaped by Arthurs' contributions over the years."--Résumé de l'éditeur