Gali Racabi
@gracabi
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Asst Prof, labor and employment law, @CornellILR ; Associate Faculty @CornellLaw _ Father of 4
Joined January 2013
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And now on
@SSRN
- my open-access Work Law textbook. I have worked on this and with this
@cornellilr
for the last two years. This was so much fun to work on.
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Nick is among my smartest students, and I urge
@Cornell
admins to find alternative ways of responding to the encampment.
I have been suspended from Cornell University alongside three others for my presence in our encampment. Cornell thinks that picking off four students will be sufficient to destroy our movement. They’re wrong — all they have done is enraged our community.
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So excited to announce that
@YaleLJournal
will publish my next article, At Will as Taking. In the article, I argue that at-will rules are a constitutional taking of workers’ property rights.
DM/email for a draft (after some revisions), more extended summary and thanks to come…
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Next year I'll join the labor-relations mothership
@cornellilr
@CornellILR_News
as an assistant professor teaching employment and labor law.
Super cool.
Send my way your work law syllabi, tips & tricks for transitioning from a grad student to a Prof. & fun stuff to do in Ithaca!
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I'm super excited to share this draft with the world. At Will as Taking, forthcoming
@YaleLJournal
.
Below is an abstract and summary.
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Try as I might, I could not find/produce better legal work on the question of Uber in the US than
@veenadubal
's "Wage Slave or Entrepreneur."
Just assigned it again. The best exposition. The best analytics. The best problematization.
Simply the best.
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At-will is the prevalent termination doctrine in 49 states. It allows employers to terminate workers for "good, bad, or no reason." In a new essay, I argue that the doctrine is a taking under the 5th and 14th Amendments. Thus, it is unconstitutional.
In his Essay,
@gracabi
expands property entitlements to job security to the private sector by advancing a constitutional challenge to at-will employment termination under the Takings Clause.
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Thrilled that my Article on the Employer prerogative and why we need to abolish it will be published at the Berkley Journal of Employment and Labor Law
A short explainer, thank you thread, and SSRN link follows...
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Delighted that my new article, titled "Excluded but Equal" will be published in the William and Mary Bill of Rights Journal.
The article makes two descriptive claims and a normative one. First, how incredibly exclusionary work law is; Second, how the equal protection clause is..
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Just spoke to a room full of management and labor lawyers about my research (which I love doing). They got the most riled up when I suggested that the at-will rule is unconstitutional. I hit a nerve, I guess, which is interesting because ...
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aaaaaaaaaaaaaaaaaaaaaaaaaaaand I submitted my dissertation.
What an interesting time to be a work law prof. How do y'all do that?
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The first course I'll teach at
@cornellilr
is a seminar on exclusions from work law. The seminar will cover some of the enormous variety of exclusions and exceptions we have in US employment and labor law.
What readings/speakers I shouldn't miss?
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@Sej_Singh
I find "Do you engage in interstate commerce under the FAA?" a great conversation starter
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OMG my work was reviewed in
@IReadJotwell
!
"WHAT IF I TOLD YOU THAT EMPLOYER POWER IS A LEGAL CONSTRUCT" by
@matthewtbodie
. What an honor.
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Supporting my students, even those I disagree with or think they are wrong, is my job.
As always, I'm inviting
@cornellilr
and
@CornellLaw
students to chat about IL-PA and the situation on campus. Coffee is on me; if you think we disagree, I'll add a baked good to the deal!
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We are hiring a Future of Work postdoc!
The subject area is the intersection of Low-Wage Workers' Rights and Immigration Policy - working with the amazing Profs. Kate Griffith and Shannon Gleeson. Tag, share, and apply.
DM or email for more info!
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It is astounding how many admin. errors
@Harvard
makes, and how many of those are at the expense of workers.
The end result is wage-theft-by-neglect, which by all reasonable accounts, should be a criminal offense.
Thank god and
@mancillabrando
for the
@hgsuuaw
.
@thecrimson
Being in a union rocks so hard. Harvard hasn't paid me at all for the 7 weeks I have been working, saying there was some big systemic delay.
Then after one email from my
@hgsuuaw
rep yesterday, all of a sudden it was just a 'technical error', and I'm getting paid this Friday ✊🏻
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My new practice is to thank
#lawreview
editors by name in the star footnote. This seems like the scholarly way to thank people for their time, labor and inputs.
This is especially true if law review editors are uncompensated / uncredited. What do you think? Who should I include?
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ok, having played with it today I declare it to be the best thing in NLRA research since the Board had a proper research dept.
@cornellilr
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We know what Amazon, Starbucks, Trader's (:-() want with the NLRA - but - what do we want?
So happy it is out in the world. Having conceptual and legal clarity about what labor ought to try and do with the law is good.
@cornellilr
@CornellLaw
@Cornell_L_Rev
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The Israeli kibutzim around Gaza were filled with leftist Israelis. Writing pieces for Jabobin, organizing peace rallies and mobilizing for alternative political future.
Half my feed (leftist Israeli) is filled with terror and grief the other half is US labor-left. What mismatch.
Hayim Katsman, an Israeli Murdered by Hamas, Envisioned a Democratic Israel/Palestine.This article is BY him, with an intro by his academic advisors. A reminder the real divide is not between Israeli and Palestinian but between humane people and gangsters.
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Bumping our CFP - work law junior scholars workshop
@cornellilr
- faculty, practitioners, students - all are welcome!
Tagging some folks to spread the word:
@kateandrias
@WorkLawProf
@matthewtbodie
@dianareddy
@DorfmanDoron
@PowerAtWorkBlog
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My big rejection story is writing a PhD application to Oxford Law focused entirely on my desire to work with
@thebigbogg
only to discover he's no longer there.
Academic Rejection Transparency
PhD Rejections:
Michigan State
The Ohio State
UCLA
PhD Acceptances:
Indiana University Bloomington
IUPUI
The University of Texas at Austin
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✅Life achievement unlocked! My paper on abolishing the employer prerogative appears in a course syllabus!
Poisoning the minds of youth via
@valeriodeste
BTW, if you need a guest speaker on the employer prerogative for a workshop, class, barmitzvah, or a wedding - let's talk!
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First day of classes here
@cornellilr
, starting off strong with Work Law 101 and some contract analysis exercise!
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I've met with about 15
@cornellilr
students about Israel-Gaza-Palestine - and all that ripples from it.
If you are interested in chatting - DM or email. Coffee is on me. If you think we might disagree - you are even more invited (and I'll add a baked good to the deal).
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By letting employers control speech we let them control the bounds of political discourse.
This is a bad thing that progressives, liberals, and democratic-oriented folks should reject.
Law firms are the last employers on earth I trust with govrning anything, most of all politics
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As an officer
@hgsuuaw
, I saw many grad students have a
#goodplace
-type awakening
@Harvard
– finding out the hard way that it is actually the
#badplace
, and that their seemingly friendly supervisor/admin are actually in cahoots against them.
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The Columbia NLRB dissent is the most bizarre formal legal text I have ever read.
"parents take heed: if you send your teenage sons or daughters to college, the Board..decision today will affect their "college experience" in the following ways:
... If your son or daughter is ..
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Submitting my dissertation this week. What do you guys think of my retro Wordart design for the title?
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Really cool work. Home as a legal category in work law presents such a complex web of law and gender-politics case study. Great win for
@BULawReview
for picking this up.
My new article, "Home as Non-Workplace," is forthcoming with BU Law Review. A draft is available on SSRN:
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Call For Papers: Cornell Work Law Junior Scholar Workshop, Nov 8-9, 2024.
Spread the word, submit, and get feedback on your work in progress from our wonderful commentators:
@matthewtbodie
@veenadubal
@NoahZatz
@hibahafiz
@Yiran_Zhang_
@cornellilr
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Cool to see it in finalized form. Balancing is for Suckers now live at the Cornell Law Review site.
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facing the formidable task of proofing one of his almost-done papers, the lowly assistant professor starts five new projects, commits to seven conferences, and promises feedback ASAP to anyone he sees passing in the hallway.
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it seems that one intuitive way to solve the train strike fiasco (and others like it) is by passing a national paid sick leave policy. you know, that basic legal right of most workers in western developed countries.
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My rant on the Tesla decision is that we should reject balancing of workers statutory rights with employers' implicit ones (prerogative). Across the board. We don't balance minimum wage laws, we don't balance OSHA's trench regulations, and we shouldn't balance conc. action rights
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Stanford convinced 38 people to vote non-union. this is hilarious. How much money did they spend on this campaign? I hope it was worth it!
Stanford grad student employees voted overwhelmingly-1639-to-38-to unionize with
@ueunion
, NLRB announces. Since start of 2022, NLRB “certified 23 bargaining units representing more than 26,000 graduate and undergraduate students employed by private higher education institutions”
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Wonderful reading list for the coming months.
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Out of my first class teaching as a prof.: Exclusions from Work Law Seminar. The strawberries were meh, but the students were anything but.
@cornellilr
the school of work
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Israel's union density is about 30%, about a million workers - jewish and Palestinian, and more are union members - just like you. TAs and RAs at Israeli universities are organized - just like you. Fighting the same kinds of bosses, with the same kinds of tactics. Just like you.
Our local has voted by a membership-wide asynchronous vote to sign on to two letters regarding current events in Palestine. We will join the UAW rank-and-file call for Boycott, Divestment, and Sanctions (BDS) and United Electrical’s call for a ceasefire. Links in thread.
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The 7th Cir - employees have a property interest in their employment.
All terminations are a Takings Clause issue
BRADLEY v. VILLAGE OF UNIVERSITY PARK, ILLINOIS (Feb. 3, 2023).
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Writing a paper with a section titled "The Reddy Argument" following
@dianareddy
's awesome YLJ piece. Brilliant and useful. What more can one ask for in scholarship.
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What if, and hear me out, terminating a worker for raising safety concerns was illegal?
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Following up on my discussions with some of you here, I wrote a short piece for
@OnLaborBlog
on the EU directive of platform work, its critiques and what can US labor take from it.
It is part of a work in progress, so any thoughts and comments are welcome!
Below...
A recent
@EU_Commission
proposal aims to comprehensively regulate
#gig
-economy work in the European Union.
What rights does this directive afford platform
#workers
— and what lessons can the U.S. take from it?
@gracabi
explains:
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10th Class- Liberal Responses:
Weiler, Paul C. Governing the workplace: The future of labor and employment law. Harvard University Press, 1990.
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Preparing an elective course for next year on "Inclusion, Solidarity, and Power" the broad idea is to discuss inclusion/exclusion from work law as a main theme of Law, labor relations, and political economy.
Would love your thoughts/suggestions/models for how to do it best!
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Showed my students
@cornellilr
how
#chatgpt
solves their homework - analyzing a case according to a legal source.
As a class, we identified weaknesses and strengths in
#chatgpt
's work and discussed usage and ethics.
In my class, I have nth generation lawyers-to-be alongside
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On employee classification, there are two seminal readings I always give: one is David Weil's Fissured Workplace, and the other is
@veenadubal
's Wage Slave or Entrepreneur.
Always an excellent place to start off students' thinking.
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Apparently, my reaction to experiencing professional certainty is buying books. Interesting.
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Making pumpkin kubbeh after submitting a draft is one habit from HLS I'll take with me to ILR
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I wish you a great submissions week! For those who celebrate, may the cycle gods be in your favor.
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Labor has a promise - workers, based on their place in the economic system, can find solidarity and joint interest across race, ethnic, and national lines.
I did this hard work in Israel, organizing home-care, telecom, railway, and slaughterhouse workers. Jewish, muslims & more.
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Read a sexual harassment case in class for the first time today. The best teaching advice I got is to normalize having feelings, not just opinions, about the law.
We have such a supportive teaching envt. here
@cornellilr
. Truly feel privileged.
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Adding to my cv “reposted by SSRN”!
This article offers a framework for a novel Constitutional challenge to the at-will termination regime.
Read more:
@gracabi
#LawTwitter
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Someone asked me about labor and employment law updates/newsletters - I thought about mentioning some of my favorites - feel free to add:
1.
@OnLaborBlog
, my alma-mater devotion, make-for-yourself-a-rabi, Ben Sachs &
@jacklgoldsmith
must-read blog.
2.
@EmployLaw360
newsletter
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Misclassification arguments tend to ignore that many of the relevant factors are under the employer's control.
But counterintuitively, that is the only question that matters - are all of the issues making them not employees under the control of MIT?
YES
Breaking: NLRB Region 1 Director issued decision today finding MIT graduate student fellows, who receive fellowships are not employees because their funding "is not directly tied to completing particular tasks...but to maintain academic good standing:
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@cornellilr
I'm teaching a survey course in work law (employment and labor law) next term.
I'm going to cover: 1) at-will and common law exceptions; 2) short history of stat. Interventions in work; 3) antidiscrimination; and 4) labor law fundamentals.
It is a lot; It is...
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Labor's policy gains in the states in the past 20 years far surpass any organizing and bargaining wins it had.
Summer of strikes is nice, but the winter of minimum wage increases is the real legacy.
Minimum wage increased yesterday for nearly half of all U.S. states: AK, AZ, CA, CO, CT, DE, HI, IL, ME, MD, MI, MN, MI, MO, NB, NJ, NY, OH, RI, SD, VT, WA, and Washington, DC.
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Too much good stuff to read.
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If my numbers are right, MIT and Harvard are the largest employers in Cambridge, MA.
Yo,
@hgsuuaw
@MITGradUnion
, your bat signal is on
I am excited to introduce a Wage Theft Ordinance for Cambridge. We’ve long heard from union leaders and workers about the prevalence of wage theft in our city. This proposal creates a local mechanism for enforcing such violations as economic justice for everyone who works here 🧵
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my new draft paper, forthcoming at the William and Mary Bill of Rights, titled "Excluded but Equal" is now available on SSRN.
It is both a draft and part of a long-term project. So - let me know what you think!
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for those of you who might be interested, I have uploaded my teaching-materials from this year to my site.
This includes Exclusions from Work Law seminar, Intro to labor and employment law, and a few reading lists on free speech on the job, sexual harassment and "fissuring ...
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Teaching a "Sexual Harassment and the Law" course next year. Focusing mainly on the workplace and the higher-ed settings.
Please throw syllabi, reading lists, tips, dos/don'ts, and best practices my way!
@ProfShirleyLin
@SandraSperino
@DorfmanDoron
@WorkLawProf
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What a disgrace. Truly embarrassing.
Allocating labor solidarity based on national identity. Buying the right-wing narrative that Israel and its unions have no political redemption. Knocking off the table all possibilities for political compromise.
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Excited to start a second year of teaching work law
@cornellilr
@CornellILR_News
next week.
Honing my open-access casebook was super fun. Added Novosel as my main public-policy exception case, and some public-sector Constitutional cases (students asked!!).
Will also try to...
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The piece traces a long line of work law writing questioning the paradigmatic owner of property on the job (the boss). And argues that under contemporary law, without moving too much takings’ doctrine, we should scrutinize rules removing workers’ job security as a taking.
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Orang Kubbe and Hummus, brought some to our Egyptian neighbors. Peace in the Northeast!
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We don't know at this point, but I think it is more likely than not that the Cornell antisemitic student case is about extremely poor choice-making or mental health issues. Forgiveness and help, not life-ending vengeance, is the way to go.
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The one and only litmus test for a person is whether they think the cows’ union made a good deal with farmer John
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Some Israelis, myself included, interpret "from the river to the sea" chants now in light of what happened on Oct. 7. Strange, I know, not to live in a fantasy but to look at the current politics in the Middle East.
Who are the political forces that will actualize your chants?
A must-read post by
@NoahZatz
on how the conflation of anti-Zionism & antisemitism "relies on pervasive racist & anti-Muslim stereotypes of Palestinians as endemically hateful, violent, deceptive, and hostile to Jews" in violation of civil rights law
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This is a great post, which, for labor-relations purposes, asks the following question: Why (oh why) should we prefer bargaining over regulations?
Comparing broad regulations (like min. wage) to Wagner-style bargaining is not really fair. But, comparing
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Hello my EU labor friends!
I'm looking for any writings (academic, popular, in between) or interesting people to chat with, that offer labor-side-progressive critics of the EU Regulations of Platform Work.
Where did it not go far enough? What would you add to the mix?
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I am now working on a case where Harvard paid international SWs reduced and delayed wages (for MONTHS) (Harvard response: not our employees).
In all cases, union intervention helped curb some, if not all, of the arbitrariness, abuse, or plain disorganization on Harvard’s side.
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Only Ten days left to submit to our Junior Work Law Conference!
@cornellilr
is the mothership of all things labor relations - and we are honored to host this get-together of work law scholars.
@Yiran_Zhang_
@veenadubal
@hibahafiz
@matthewtbodie
and more!
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Today is the final day on the exclusions from work law seminar here
@cornellilr
@CornellILR_News
. combined, students have written 30(!) papers on legal exclusions from work law.
I learned a lot.
They wrote about mental health, sex work, fissuring, Uber,...
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