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Employment Law: Private Ordering and Its Limitations, Fifth Edition

  • Timothy P. Glynn
  • Charles A. Sullivan
  • Charlotte S. Alexander
  • Rachel S. Arnow-Richman
Series / Aspen Casebook Series
Teaching Materials
Table of contents

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Employment Law: Private Ordering and Its Limitations, by Timothy Glynn, Charles Sullivan, Charlotte Alexander, and Rachel Arnow-Richman, is organized around the rights and duties that flow between parties in an employment relationship. Cases, detailed discussion of the facts, and accessible notes and problems examine the laws that are intended to balance the competing interests and contractual obligations of employers and employees. The note materials also encourage students to think critically and creatively about how best to protect the interests of workers or employers. Exercises in planning, drafting, advising, and negotiating develop practice-ready transactional lawyering skills.

New to the Fifth Edition:

  • Important Supreme Court and lower court cases in key areas including the whistleblower and antiretaliation protections, workplace privacy and speech, antidiscrimination laws, disability and other accommodations, noncompetition agreements and intellectual property workplace health and safety, and mandatory arbitration clauses
  • Addition of cases and note materials on hot topics including developments in competition law, new workplace legal issues and disputes arising from the COVID-19 pandemic, the scope of employment protections in the contemporary economy, workplace speech protections in a time of deep social and political conflict, the workplace implications of emergent communications and monitoring technologies, structural and unconscious bias in the workplaces, and innovations in accommodating workers’ lives
  • Updated practice-oriented problems and exercises
  • Streamlined case and note editing

Professors and students will benefit from:

  • Comprehensive and deep coverage of key areas of workplace regulation
  • Practical exercises in each chapter
  • Note materials designed to provide both context and knowledge of emergent legal and social science scholarship
  • Thematic consistency across chapters providing a unifying framework for the discussion of disparate topic areas
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About the authors
Timothy P. Glynn

Professor Glynn specializes in employment and corporate law, and the intersection between these two areas. Since joining Seton Hall in 1999, he has taught various corporate-and employment-law courses, as well as first-year Civil Procedure and Torts. He also has created and taught online courses addressing legal issues and compliance in the workplace, the laws governing whistleblowing, and internal investigations. In 2016, he was named the Andrea J. Catania Endowed Professor of Law.& Professor Glynn was appointed Associate Dean in 2015 and now serves as a Senior Associate Dean. In this role, he oversees various aspects of the law school’s JD program. He also oversees Seton Hall’s Master of Science in Jurisprudence (MSJ) and online graduate certificate programs in financial services compliance, and healthcare, pharmaceutical, and intellectual property law. In addition, he supervises the law school’s six live healthcare compliance certificate programs in the United States, Europe, and Asia. Professor Glynn's scholarship focuses on enforcement mechanisms in employment and corporate law, the allocation of decision making authority and legal accountability within the corporation, and the impact of enterprise structures on legal protections and legal compliance. In addition, he has written on the troubling implications of school ranking systems. He is a co-author of leading employment and labor law casebooks, Employment Law: Private Ordering and Its Limitations (3rd ed. 2015) (with Charles Sullivan and Rachel S. Arnow-Richman); and Cox and Box’s Labor Law: Cases and Materials (16th ed. 2016) (with Robert A. Gorman and Matthew W. Finkin). He has published numerous articles addressing issues in employment and corporate law, and frequently presents on these and other legal topics to professional and academic organizations. Moreover, along with Professor Charles Sullivan, Professor Glynn founded the Seton Hall Employment & Labor Law Junior Scholars Forum in 2006, and continues to host it annually. Professor Glynn received his B.A., magna cum laude, from Harvard University, and his J.D., magna cum laude, from the University of Minnesota Law School, where he served as Editor-in-Chief of the Minnesota Law Review. He clerked for the Honorable Donald P. Lay, United States Court of Appeals for the Eighth Circuit. He then practiced law as an associate at the firm of Leonard, Street and Deinard in Minneapolis, Minnesota, focusing in the areas of securities, business, and employment litigation. Prior to joining Seton Hall, he again served as a judicial clerk, this time for the Honorable John R. Tunheim, United States District Court for the District of Minnesota.

Charles A. Sullivan
Seton Hall

Charles A. Sullivan received his B.A. from Siena College, his LL.B. from Harvard University, and his LL.M. from New York University. He practiced in New York and previously taught at the University of South Carolina and the University of Arkansas. He recently retired from Seton Hall Law School after teaching there for more than 40 years.& Professor Sullivan has published in the areas of employment discrimination, employment law, contracts, and antitrust. He is co-author of iCases and Materials on Employment Discriminationi, now in its Tenth Edition, and iEmployment Law: Private Ordering and Its Limitationi, now in its Fourth Edition. Professor Sullivan has written numerous law review articles, appearing in the iGeorgetown Law Journali, the iNorthwestern Law Reviewi, and the iCornell Law Reviewi, among others. An elected member of the American Law Institute, he served twice as Associate Dean and was honored with the Catania Chair.

Charlotte S. Alexander

strongCharlotte S. Alexanderstrong&is the Connie D. and Ken McDaniel WomenLead Chair and Professor of Law and Analytics at the Colleges of Business and Law at Georgia State University. She uses computational methods to study legal text, with a particular focus on understanding how courts process and resolve employment disputes and other types of civil lawsuits. She founded and directs the university’s Legal Analytics Lab, which works toward a legal system that embraces data to solve intractable problems and create a more just society. Alexander has published in journals including Science, the N.Y.U. Law Review,&Texas Law Review, the American Business Law Journal, and the Harvard Civil Rights-Civil Liberties Law Review.&Her research has been funded by the National Science Foundation, U.S. Department of Labor, and private foundations.&She received her J.D. from Harvard Law School and began her legal career as a Skadden Fellow at the Farmworker Rights Division of Georgia Legal Services, where she litigated wage and hour and sexual harassment cases on behalf of migrant farmworkers.

Rachel Arnow-Richman

Rachel Arnow-Richman is the Chauncy Wilson Memorial Research Professor and Director of the Workplace Law Program at the University of Denver, Sturm College of Law. She earned her J.D. from Harvard Law School and her B.A. from Rutgers University. She also holds an LL.M. in Legal Education from Temple University School of Law, where she was an Abraham L. Freedman Fellow and Lecturer in Law. Prof. Arnow-Richman has held appointments at the University of Colorado Law School, Fordham Law School, Temple University School of Law, and Texas A& M Law School (formerly Texas Wesleyan). Before entering law teaching, she served as a judicial clerk to the New Jersey Supreme Court and practiced employment and commercial law at Drinker, Biddle and Reath LLP in Philadelphia. Prof. Arnow-Richman teaches and publishes in the areas of employment law and contracts. She is widely known for her work on the #MeToo movement and the rights of accused harassers, as well as a series of articles proposing mandatory advance notice and severance pay for terminated employees. She is a past chair of the American Association of Law Schools Committee on Labor & Employment Law and currently serves on the executive committee of the Committee on Contracts & Commercial Law.

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Fifth Edition
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Connected eBook + Hardcover
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Employment Law
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