During the New Deal, liberals recognized that the ballot box and elected branches are generally the appropriate engines of social reform, and liberals used both to spectacular effect — instituting profound social changes that remain deeply ingrained in society today. In the face of great skepticism about the constitutionality of New Deal measures in some corners, a generation of Democratic-appointed judges, from Louis Brandeis to Byron White, argued for judicial restraint and deference to the right of Congress to experiment with economic and social policy. Those voices have been all but forgotten in recent years among liberal activists. It would be a very good thing for all involved — the country, an independent judiciary, and the Left itself — if liberals take a page from David von Drehle and their own judges of the New Deal era, kick their addiction to constitutional litigation, and return to their New Deal roots of trying to win elections rather than lawsuits.
Maybe spend less time broadly claiming to reduce risk, and more time really understanding the business and the sources of risk. Skilled lawyers can combine the roles of a trusted problem solver with independent judgment and integrated understanding, working with the people making risk-based decisions. Since these kind of corporate shortcuts almost always result in disaster in a transparent world, it’s just common sense and enlightened self-interest that any manager can apply to avoid them. It doesn’t require a distinctive notion of professional formation to, as the president says, “don’t do stupid stuff,” and it may be that a lot of our self-definition around professional norms reduces the chance of being appropriately engaged.
The employment law course aims to give an understanding of how the law regulates employment relationships within the context of the British industrial relations system. Examples of potential topics of exploration in this module include, the development of Employment Law, incorporating sources and institutions of such. The relationship between employment law and other legal concepts will be discussed, notably in the discussion of the linkage between employment Law and human rights and the role of the ‘contract of employment’. Further substantive, practical areas of employment law will also be introduced, notably the law in respect of discipline and termination of employment, as well as redundancy and unfair dismissal.