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November 2007

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From:
Robert Bird <[log in to unmask]>
Reply To:
Academy of Legal Studies in Business (ALSB) Talk
Date:
Thu, 29 Nov 2007 22:46:14 -0500
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An article of mine has actually been read, hooray!
 
Thanks Marsha for the link.
 
Robert
 
Robert C. Bird
Assistant Professor
University of Connecticut
email: [log in to unmask] <mailto:[log in to unmask]> 
View my research on my SSRN Author page: 
http://ssrn.com/author=56987 <http://ssrn.com/author=56987>  

________________________________

From: Academy of Legal Studies in Business (ALSB) Talk on behalf of Marsha Hass
Sent: Thu 11/29/2007 8:13 PM
To: [log in to unmask]
Subject: http://lawprofessors.typepad.com/laborprof_blog/



Bird on the Duty of Good Faith in the Employment Context


  <http://lawprofessors.typepad.com/.shared/image.html?/photos/uncategorized/2007/11/29/rbird.jpg>  Robert C. Bird <mailto:[log in to unmask]>  (U. Conn. - Marketing) has just posted on SSRN his article (forthcoming Pace L. Rev.) An Employment Contract 'Instinct With an Obligation': Good Faith Costs and Contexts <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1033041> .  Here's an excerpt from the abstract:

	This article arises from a symposium sponsored by Pace University School of Law celebrating the ninetieth anniversary of the famous decision of Wood v. Lucy, Lady Duff-Gordon .... 

	Three challenges exist to the orderly development of the good faith doctrine in employment law. First, the meaning of good faith remains far from certain. Courts have intermingled good faith with other employment doctrines thereby hindering its widespread acceptance. Second, the good faith covenant in employment lacks mutuality. Usually bilateral in the contractual context, the covenant remains an obligation that usually runs only from the employer to the employee. The questions of whether the covenant should obligate employees and what the consequences of such an obligation could be remain unaddressed. Finally, and perhaps most interestingly, there is a limited understanding of the costs of the good faith duty. The emerging empirical work studying the effects of wrongful discharge law, of which the duty of good faith is a part, reveals potential economic costs of this important doctrine articulated by Judge Cardozo ninety years ago.

Yes, indeed -- good faith in the employment context is clear as mud.  Good work, Robert!

rb 

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