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Books
The Capability Approach to Labour Law (Langille, ed.) Oxford University Press, 2019.
The Idea of Labour Law, (Davidov and Langille, eds) (Oxford University Press, June 2011) (Paperback 2013)
Is There a Constitutional Right to Strike in Canada? (Langille, ed.) (2010) Special Symposium edition of Canadian Labour and Employment Law Journal.
Employment Policies and Multilevel Governance (Landa and Langille, eds.) Kluwer, 2009 (Bulletin of Comparative Labour Relations Series, Roger Blanpain, General Editor).
The Boundaries and Frontiers of Labour Law (Davidov and Langille, eds.) (Hart Publishing, 2006).
Labour Law: Cases, Materials and Commentary, (Arthurs, Brown, Langille, eds.) 6th edition (1998), Queen’s IRC Press.
I was and am also a contributor to the 4th edition in 1986, 5th edition in 1991, the 7th edition in 2004, the 8th edition, 2011 and the 9th edition, 2018, now published by Irwin Law).
The Corporate Shareholders Debate: The Classical Theory and its Critics, (Daniels and Langille, eds.) (Toronto: Special Issue of the University of Toronto Law Journal, 1993).
Reports
Creating Competitive Societies, and Economies - Core Labour Rights, The FTAA, and Development (for Human Resources Development Canada, 31 pp, February 2003). This appears in Enforcement of International Obligations: Enviromental Labour, Human Rights, Ethical Diversity - Issues and Approaches (Government of Canada, May 2003).
The Grammar of Globalization (for the World Commission on the Social Dimensions of Globalization, December 2002).
The Coherence Agenda: A Positive Approach to International Labour Obligations (for the Department of Foreign Affairs and International Trade, 51 pp, April 2002).
Trade and Labour Standards - Report on the OECD Labour-Management Program Meeting on Trade and Labour Standards (May 2000 OECD Public Affairs Division).
Freedom of Association and the Effective Recognition of the Right to Collective Bargaining: A Reflection Upon our Fundamental Commitments (ILO Working Paper, December 1999 - available on the ILO website - www.ilo.org).
The Proposed New International Labour Standard for Extreme Forms of Child Labour - Canada's Position(for Human Resources Development Canada, International Affairs) (1998, 18 pp.).
Canada and a Proposed ILO Declaration on Core Labour Standards (for Human Resources Development Canada, International Affairs) (75 pp. 1997).
Canada's Unratified Core ILO Conventions - A New Look (for Human Resources Development Canada, External Co-operation Division (52 pp. 1996).
The Canadian Law of International Collective Bargaining - Country Report of Canada for the 15th World Congress of Labour Law and Social Security (Buenos Aires, 1997), (25 pp, 1996).
Canadian Report on Labour Law Principles (for the Commission on Labour Cooperation of the North American Agreement on Labour Cooperation, Dallas, December, 100 pp., 1995) (with Macklem).
A Review of Ontario Collective Labour Relations Law (for the Consultative Commission on Labour, Government of the Province of Quebec, 242 pp., 1985).
Casebooks
International Employment Law (2013).
Labour and Employment Law: Cases, Materials, and Commentary, 8th ed. (2011).
Transnational Labour Law (2010).
Estoppel, "Unclean Hands", Law (with A. Ripstein) (1998).
Law and Politics (with D. Dyzenhaus) (Toronto: University of Toronto, Faculty of Law, 1993, 1995, 1997, 1998).
Interpretation, Disagreement and Law (with A. Ripstein) (Toronto: University of Toronto, Faculty of Law, 1991, 1992).
Contracts: Cases and Materials (Toronto: University of Toronto, Faculty of Law, 1989, 1992, 1994, 1998).
Interpretation, Scepticism, Law (Toronto: University of Toronto, Faculty of Law, 1987).
Contracts: Supplementary Cases and Materials (Toronto: University of Toronto, Faculty of Law, 1983, 1984, 1985, 1986, 1988).
Employment Law, 3rd ed. (Toronto: University of Toronto, Faculty of Law, 1984).
Employment Law, 2nd ed. (Toronto: University of Toronto, Faculty of Law, 1983).
Employment Law (Toronto: University of Toronto, Faculty of Law, 1982).
Employment Law: Cases and Materials (Halifax: Dalhousie Law School, 1980).
Reviews
Book Review Symposium: "The future of the International Labour Organization in the global economy", by Francis Maupain. (2014) International Labour Review.
The short papers in this book review symposium are based on the authors’ contributions to a workshop, which I organized, held in Montreal in May 2014, where they were invited to comment on Francis Maupain’s (2014) book, The future of the International Labour Organization in the Global Economy. The workshop took place within the framework of the International Conference “New frontiers for citizenship at work” organized by the Interuniversity Research Centre on Globalization and Work (CRIMT).
69 Introduction Brian Langille and Guy Mundlak
73 Beyond the “rules of the game” Adelle Blackett
79 In search of coherence? Guy Mundlak
85 The ILO: Challenges in times of crisis Kerry Rittich
91 Reinventing the ILO Steve Charnovitz
97 Persuading the prisoners Brian Langille
103 Revisiting the future Francis Maupain
"Large Legal Lessons From the 'Fight Against Child Labour'" (A review of Child Labour in a Globalized World: An Ananlysis of ILO Action edited by Nesi, Nogler, and Pertile (Ashgate, 2008)) Giornale di Diritto del Lavoro e di Relazoni Industiali (2009).
"Does "Labour Law" Still Exist in Australia?"Review of Labour Law and Labour Market Regulation, Arup, Gahan, Howe, Johnstone, Mitchell, and O'Donnell, eds. The Federation Press (Sydney, 2006), (2007) 20 Australian Journal of Labour Law 239.
"Three Books on Labour Law" Book Review of Reconcilable Differences: Arthurs, Carter, Glazbeek, Labour Law and Industrial Relations in Canada by Weiler and of Grievance Arbitration of Discharge Cases by Adams (1983) Labour/Le Travailleur 264.
"Atiyah Rules, O.K.?" Book Review of Rise and Fall of Freedom of Contract by Atiyah, (1982) 7 Dalhousie Law Journal 203.
Annotations
- International Labour Law Reports, vol. 34 (2015), pp. 73-74; 160-162.
- International Labour Law Reports, vol. 29 (2010), pp. 98-100.
- International Labour Law Reports, vol. 27 (2009), pp. 114-15.
- International Labour Law Reports, vol. 27 (2008), pp. 77-79.
- International Labour Law Reports, vol. 26 (2007), pp. 22-24.
- International Labour Law Reports, vol. 24 (2005), pp. 474-75.
- International Labour Law Reports, vol. 22 (2003), pp. 441-442.
- International Labour Law Reports, vol. 21 (2002), pp. 458-460.
- International Labour Law Reports, vol. 19 (2001), pp. 134-135; 524-525.
- International Labour Law Reports, vol. 18 (2000), pp. 330-332.
- International Labour Law Reports, vol. 16 (1997), pp. 439-440.
Articles
“The Political Economy of Decency” in Law for Social Justice, ILO, Geneva, 2019.
“What is Labour Law? Implications of the Capability Approach” in The Capability Approach to Labour Law (Langille, ed.) Oxford University Press, 2019.
“The Capability Approach to Labour Law: Why Are We Here?”in The Capability Approach to Labour Law (Langille, ed.) Oxford University Press, 2019.
“Human Freedom: A Way Out of Labour Law’s Fly Bottle” in Collins, Lester, and Mantouvalou (eds.) Philosophical Foundations of Labour Law(OUP, 2018).
“How to Think (As Labour Lawyers) About Supply Chains” (2018), 18 Employees & Employers: Labour Law and Social Security Review (Delavci in delodajalci), No. 2-3/2018, 209-232.
"The Singular Pluralism of Harry Arthurs" in Archer, Drache, and Zumbansen (eds) The Daunting Enterprise of the Law: Essays in Honour of Harry Arthurs (McGill/Queens, 2017) 37-48.
“Hard Law Makes Bad Cases” (2016), 32 International Journal of Comparative Labour Law and Industrial Relations. 407-423.
"Burning down the (Boat) House: How the Common Law Helps make Sense of Weber" in One Law for All?: Weber v Ontario Hydro and Canadian Labour Law, Essays in Memory of Bernie Adell. Edited by Elizabeth Shilton and Karen Schucher. (2017, Irwin Publishing, Toronto) 125-140.
“From Rand to Rothstein: Judges, Fundamental Freedoms, and Labour Law” in Entchev and Kelly (eds) Judicious Restraint: The Life and Law of Justice Marshall E. Rothstein (LexisNexus, 2016) (with Oliphant).
“Labour” in Cogan, Hurd and Johnstone (eds) The Oxford Handbook of International Organizations (OUP, 2016) 472-490.
“Consistency, Consensus, or Coherence?: Legal Interpretation of Fundamental Labour Rights” in Ensuring Coherence in Fundamental Labor Rights Case Law: Challenges and Opportunities (University of Leiden, Netherlands, 2016) 61.
“The Condescending Constitution” (2016), 19 Canadian Labour and Employment Law Journal 335-364.
“The Narrative of Global Justice and the Grammar of Law” in Dahan, Lerner, and Milman (eds) Global Justice and International Labour Rights (2016, Cambridge University Press).
“Law Firm Partners and the Scope of labour Laws” (2015), 4 Canadian Journal for Human Rights 211-236 (with Alon-Shenker).
“The Curious Incident of Forced Labour, the ILO, and Myanmar” in Blackette and Trebilcock (eds), Research Handbook on Transnational Labour Law (Edward Elgar, 2015).
“‘Take These Chains from My Heart and Set Me Free’: How Standard Labour Law Theory Drives Unnecessary Segmentation of Worker Rights”, (2015), 36 Comparative Labor Law and Policy Journal.
“The Legal Structure of Freedom of Association” (2014), 40 Queens Law Journal 249-300 (with Oliphant).
"The Trilogy is a Foreign Country, They do Things Differently There" (2013-14), 45 Ottawa Law Review 285.
“Majoritarianism, Exclusivity, and the ‘Right to Work’: The Legal Incoherence of Ontario Bill 64” (2013), 17 Canadian Labour and Employment Law Journal 475-492. (with Mandryk).
“A Question of Balance in the Legal Construction of Personal Work Relations” (2013), 7 Jerusalem Review of Legal Studies, 99–111.
“Capability and Legality” in Rencontres Scientifiques, Institut d’Etudes Avancées de Nantes (2011-2012), 67-71.
“From the Frying Pan to the Fire: Fraser and the Shift from International Law to International “Thought” in Charter Cases” (2012), 16 Canadian Labour and Employment Law Journal 181-234 (with Oliphant).
“Squaring the Circle”, The National, March 2012, 22-25.
"Why the Right/Freedom Distinction Matters to Labour Lawyers – and All Canadians" (2011), 34 Dalhousie Law Journal 143-164.
“Human Freedom and Human Capital; Re-imagining Labour Law for Development”, in Novitz and Mangan (eds.) The Role of Labour Standards in Development: From Theory to Sustainabe Practice? (Oxford University Press, 2011).
“Labour Law’s Theory of Justice” in Davidov and Langille (eds) The Idea of Labour Law (Oxford University Press, 2011) 101-120.
This essay also appears in Menkel-Meadow, Ramraj, Thiruvengadam and Routh (eds) Amartya Sen and Law (Routledge, forthcoming 2020).
"Theoretical Connections Between Work and Development" in Novitz (eds.) The Role of Labour Standards in Development: From Theory to Sustainable Practice? (Oxford University Press/The British Academy, 2011).
"Labour Law's Theory of Justice" in Davidov and Langille (eds) The Idea of Labour Law (OUP, 2011).
"Putting International Labour Law on the (Right) Map" in Blackett and Levesque, eds., Social Regionalism in a Global Economy (Routledge, 2010) 290-298.
"Imagining Post Geneva Consensus Labour Law for Post Washington Consensus Development" (2010) 31(3) Comparative Labor Law and Policy Journal 523-552. (download paper)
"What is a Strike?" (2010) in Is There a Constitutional Right to Strike in Canada? Special Symposium Issue of the Canadian Labour and Employment Law Journal 355-372.
"Why are Canadian Judges Drafting Labour Codes - and Constitutionalizing the Wagner Act Model?" (2009-2010), 15 Canadian Labour and Employment Law Journal 101-128. (download paper)
"The Freedom of Association Mess: How we got into It and how we can get out of It." (2009), 54 McGill Law Journal 177-215. (download paper)
"Who Governs Labour Market Policy in Canada?" in Landa and Langille (eds.), Employment Policies and Multilevel Governance (Kluwer, 2009, Bulletin of Comparative Labour Relations Series).
"What is International Labour Law for?" (2009) 3 Law and Ethics of Human Rights 47-82. (download paper)
"Can We Rely on the ILO?" (2007) 13 Canadian Journal of Labour and Employment Law 363-390. (download paper)
"The Future of ILO Law, and the ILO" in The Future of International Law (Proceedings of the American Association of International Law 101st Annual Meeting) (2007) 394-396.
"Para que serve o Direito Internacional do Trabalho?" (2007) 33 Revista de Direito do Trabalho (Brazil) 175.
This is a Portuguese version of "What is International Labour Law For?"
"The ILO Is Not a State, Its Members Are Not Firms" in G. Politakis, ed., Protecting Labour Rights as Human Rights: Present and Future of International Supervision (ILO, Geneva, 2007) 247.
"The Political Economy of Fairness: The Labour Law Jurisprudence of Frank Iacobucci" (with Macklem) (2007) 57 University of Toronto Law Journal.
"Labour Law's Back Pages" in Davidov & Langille, eds., The Boundaries and Frontiers of Labour Law, (Hart Publishing, 2006) 13.
"Globalization and The Just Society: Core Labour Rights, the FTAA, and Development" in Craig & Lynk, eds., Globalization and The Future of Labour Law (Cambridge University Press, 2006) 274.
"Comment Concevoir une Meilleure Gouvernance de l'Internationalisation de l'Emploi ? " in Auer, Besse, & Meda, eds., Delocalisations, Normes du Travail et Politique d'Emploi (La Decouverte, Paris, 2005) 207.
The English version, "Better Governance Of The Globalization of Employment " appears in Auer, Besse & Meda, eds., Offshoring and the Internationalization of Employment: A Challenge for Fair Globalization? (ILO, Geneva, 2006).
"The WTO and Labour Rights - Man Bites Dog" (with Howse) in Leary & Warner, eds., Social Issues, Globalization, and International Institutions (Martinus Nijhoff, 2005) 157.
"Core Labour Rights - The True Story" (2005) 16 European Journal of International Law 1. (view abstract)
This article also appears in Leary and Warner (eds) Social Issues, Globalization, and International Institutions (Martinus Nijoff, 2006) 89-124. It has also been reprinted in Weiler and Nissel (eds) International Law (Critical Concepts in Law series) Routledge, 2011and in Fick (ed) International Labour Law (Elgar, 2016).
"Re-reading the 1919 ILO Constitution in Light of Recent Evidence on Foreign Direct Investment and Workers Rights" (2003) 42 Columbia Journal of Transnational Law 101.
"Down and Out in Doha - And Geneva?" (2002) 2 Global Social Policy 12. (download paper)
"Labour Policy in Canada - New Platform, New Paradigm" (2002) 28 Canadian Public Policy 133. (download paper)
"Seeking Post-Seattle Clarity - And Inspiration" in Conaghan, Fischl, Klare, eds., Labour Law in An Era of Globalization (Oxford University Press, 2002) 137.
"Managing Global Issues: Labor Rights", in Simmons and de Jonge Oudraat, eds., Managing Global Issues (Carnegie Endowment for International Peace, Washington, 2001) 469.
"Global Competition and Canadian Labour Law Reform: Rhetoric and Reality" in Estreicher, ed., Global Competition and the American Employment Landscape (Kluwer, 2000) 621.
"Beyond Employees and Independent Contractors: A View from Canada" (with Davidov) (1999) 21(1)Comparative Labour Law and Policy Journal 7-46. (download paper)
"The ILO and the New Economy - Recent Developments" (1999), 15 International Journal of Comparative Labour Law and Industrial Relations 229.
"‘And the Future is Certain - Give Us Time To Work it Out': Reflections on Labour Rights Fifty Years after the Universal Declaration of Human Rights" (1998) 11 Revue Québécoise de Droit International 137-151.
"Labour Law is Not a Commodity" (1998) 19 The Industrial Law Journal (South Africa) 1002.
"The Canadian Law of International Collective Bargaining" in Blanpain, ed., Proceedings of the XVth International Congress of Labour Law and Social Security (Peeters, 1998).
"Back to Labour Law's Conceptual Basics in Light of the New Economy" (1997) in Chaykowski, Lapointe, Vallée and Verma, eds., Worker Representation in the Era of Trade and Deregulation (C.I.R.A., 1997) 77.
"Eight Ways to Think About International Labour Standards" (1997) 31 Journal of World Trade 27. (download paper)
"Strictly Speaking, It Went Without Saying" (with A. Ripstein) (1996) 2 Legal Theory 63.
"Competing Conceptions of Regulatory Competition in Debates on Trade Liberalization and Labour Standards" in Bratton, McCahery, Picciotto & Scott, eds., International Regulatory Competition and Coordination - Perspectives on Economic Regulation in Europe and the United States (Oxford University Press, 1996) 479.
"General Reflections on the Relationship of Trade and Labour (or: Fair Trade is Free Trade's Destiny)" inFree Trade and Harmonization Bhagwati & Hudec, eds., (Boston: M.I.T., 1996) 231.
This paper is also included in The World Trading System: Critical Perspectives in the World Economy, R. Howse, ed., (Routledge, 1998) Vol. IV, 300.
"Has Ontario's Anti-Scab Law Made Any Difference?" (1995) 13 Canadian Labour and Employment Law Journal 461. (download paper)
"The Overworked Canadian?" (1994) 70 Chicago-Kent Law Review 173. (download paper)
"'Labour Standards in the Globalized Economy' and The Free Trade/Fair Trade Debate" in International Labour Standards and Economic Interdependence, Sengenberger and Campbell eds., (Geneva: International Institute for Labour Studies, 1994) 229.
"A Profile of Bora Laskin" (1993) 4 Labour Arbitration Yearbook vii.
"Canadian Labour Law Reform and Free Trade" (1992) 23 Ottawa Law Review 581.
"Political World" (1990), 3 Canadian Journal of Law and Jurisprudence 139.
This essay was also selected to appear in Patterson (ed.) Wittgenstein and Legal Theory (Westview, 1992).
"The Jurisprudence of Despair, Again" (1989) 23 University of British Columbia Law Review 549.
"Revolution Without Foundation: Scepticism and the Grammar of Law" (1988) 33 McGill Law Journal 451.
This essay is also reprinted in Labour Law Under the Charter (Queen's, 1988).
"Beyond Belief: Labour Law's Duty to Bargain" (with P. Macklem) (1988) 13 Queen's Law Journal 62.
A partial version of this paper also appears as "The Duty To Bargain in Good Faith" inLabour Law: Recent Developments (Canadian Bar Association, 1986).
"Interpretation, Scepticism, and the Rule of Law" in (1987) The Cambridge Lectures.
"Judicial Review, Judicial Revisionism, and Judicial Responsibility" (1986) 17 Revue Generale de Droit 169.
"From Vision to Legacy: Bora Laskin and Labour Law" (with Beatty) (1985) 35 University of Toronto Law Journal 672.
“‘Equal Partnership’ in Canadian Labour Law” (1983) 21 Osgoode Hall Law Journal 496.
"Developments in Labour Law: The 1981-82 Term" (1983) 5 Supreme Court Law Review 25.
"Developments in Labour Law: The 1980-81 Term" (1982) 3 Supreme Court Law Review 23.
"Labour Law is a Subset of Employment Law " (1981) 31 University of Toronto Law Journal 200.
"Developments in Labour Law: The 1979-80 Term" (with Steinberg) (1981) 2 Supreme Court Law Review 245.
"The Michelin Amendment in Context" (1981) 6 Dalhousie Law Journal 523.
"Developments in Labour Law: The 1978-79 Term" (with Christie and Steinberg) (1980) 1 Supreme Court Law Review 273.
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