Miami Law Faculty & Administration

Kenneth Casebeer

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Kenneth M. Casebeer

Kenneth M. Casebeer
Professor of Law Emeritus
J.D. 1974, Harvard Law School
A.B. 1971, Georgetown University

Telephone: 305-284-2857   |   Office: G467
E-mail: casebeer@law.miami.edu
Publications   |   SSRN


Most Significant Publications

AMERICAN LABOR STRUGGLES AND LAW HISTORIES (Durham: Carolina Academic Press, 2011).

WORK LAW IN AMERICAN SOCIETY, Second Edition, with Gary Minda, (Carolina Academic Press, 2010). Teachers Manual to Second Edition, 2010.

"Public... Since Time Immemorial": The Labor History of Hague v. CIO," 66 Rutgers Law Review #1 Fall 2013

"The Empty State and Nobody's Market: The Political Economy of Non- Responsibility and the Judicial Disappearing of the Civil Rights Movement," 54 University of Miami Law Review 247, 2000.

"Unemployment Insurance: American Social Wage, Labor Organization and Legal Ideology" 35 Boston College Law Review 259, 1994.

"Work on a Labor Theory of Meaning," 10 Cardozo Law Review 1637, 1989.

Work In Progress

"It Did Happen Here: New Legal History and the Trial of the IWW in Haywood v. United States"

Publications

"Subaltern Voices in the Trail of Tears: Cognition and Resistance of the Cherokee Nation to Removal in Building American Empire" in circulation. 2013.

"Public... Since Time Immemorial": The Labor History of Hague v. CIO," 66 Rutgers Law Review #1 Fall 2013

"Community Syndicalism for the United States: Democratic Production in Resisting Hegemony of Law and Globalization," Employee Rights and Employment Relations Policy Law Review, Summer 2013

AMERICAN LABOR STRUGGLES AND LAW HISTORIES (Durham: Carolina Academic Press, 2011).

Kenneth Casebeer has also researched a paper, "'Public ... Since Time Immemorial:' The Labor History of Hague v. CIO," both forthcoming next year.

Kenneth Casebeer has begun researching a paper, "Building an American Empire and the Law of Indian Removal: Cognition and Contest Within the Cherokee Nation."

Kenneth Casebeer is drafting a paper, "'Law is a Gun Thug in a Big Automobile:' Criminalizing Labor in American History," invited to be delivered at Class Crits IV: Criminalizing Economic Inequality, September 2011, at American University, Washington D.C.

Kenneth Casebeer has drafted a paper, "Community Sydicalism for the United States: Preliminary Observations on Law and Globalization in Democratic Production," invited to be delivered July 6-8, 2011 at the World Conference on Corporate Responsibility and Worker Cooperatives, Institute of International Sociology of Law, Onati, Spain. It will be submitted for publication in the proceedings.

Kenneth Casebeer's article "O My Sons and Daughters, How Do I Immiserate Thee: Let Me Count the Ways," is under peer review.

Kenneth Casebeer and Charles Whalen, "Taking Interdependence and Production More Seriously: Toward Mutual Rationality and a More Useful Law and Economics," will be published in Volume 66, Number 1, of the University of Miami Law Review this fall.

Kenneth Casebeer's article, "Supreme Court Without a Clue: Penn Plaza LLC v Pyett, and the System of Collective Action and Collective Bargaining Established by the National Labor Relations Act," is published in the current issue of the University of Miami Law Review.

Professor Kenneth Casebeer has sent the manuscript of his book, American Labor Struggles and Law Histories (Durham: Carolina Academic Press, 2011) to the publisher. It will be available this summer.

"Supreme Court Without a Clue: 14 Penn Plaza Inc. v. Pyett and the System of Collective Action and Collective Bargaining Under the National Labor Relations Act," Forthcoming, and SSRN.

"Taking Interdependence and Production More Seriously: Toward Mutual Rationality and a More Useful Law and Economics," with Charles J. Whalen, Phd., In circulation, 2010.

American Labor Struggles and Law Histories (Durham: Carolina Academic Press, 2011).

Work Law In American Society, Second Edition, with Gary Minda, Carolina Academic Press, 2010. Teachers Manual to Second Edition, 2010.

"Memory Lost: Brown v. Board and the Constitutional Economy of Liberty and Race," 63 Univ. of Miami Law Review, (2008).

"Of Service Workers, Contracting Out, Joint Employment, Legal Consciousness, and the University of Miami," 56 Buffalo Law Review, 1059 (2008).

"NLRB v. Fansteel Metallurgical Corp." in Eric Arneson, ed., Encyclopedia of U.S. Labor and Working Class History, 436 (Routledge, 2007).

"At-Will Employment," in Eric Arneson, ed., Encyclopedia of U.S. Labor and Working Class History, 136 (Routledge, 2007).

Work Law In American Society, with Gary Minda, Carolina Academic Press, 2005. Teachers Manual, 2006.

"The Power to Regulate "Commerce With Foreign Nations" in a Global Economy and the Future of American Democracy," 56 Univ. of Miami Law Rev. 25 (2002).

"A Cautionary Tale: Globalisation and Legitimation Crisis in the Rule of Law in the United States," 8 Int. J. of the Legal Profession 57 (2001).

"The Empty State and Nobody's Market: The Political Economy of Non- Responsibility and the Judicial Disappearing of the Civil Rights Movement," 54 University of Miami Law Review 247, 2000.

"2001: A Global Odyssey Prompted by the Merritt-Cihon Upper Level Curriculum Report of the AALS," 30 Inter-American Law Review 415, 1998.

"Critical Legal Studies and Labor Law," Zhu, Jingwen, ed., A Challenge to Western Legal Tradition: The Critical Legal Studies Movement in America, (bibliography in first Chinese language book on Contemporary Western Jurisprudence) 1996.

"Aliquippa: The Company Town and Contested Power in the Construction of Law." 43 Buffalo Law Review 617, 1995.

"Paris is Closer than Frankfurt: The nth American Exceptionalism," 28 Law & Society Review 931, 1994.

"Review: Industrial Democracy in America -- The Ambiguous Promise," N. Lichtenstein, H.J. Harris, eds., Law and History Review, 1994.

"Unemployment Insurance: American Social Wage, Labor Organization and Legal Ideology" 35 Boston College Law Review 259, 1994.

"The Workers' Unemployment Insurance Bill: American Social Wage, Legal Ideology, and the Organization of Labor," in C. Tomlins, A. King, eds., Labor Law in America: Historical and Critical Essays, Johns-Hopkins Univ. Press, 1992.

"Clashing Views of the Wagner Act: The Files of Leon Keyserling," 2 Labor's Heritage 44, April 1990.

"Running on Empty: Justice Brennan's Plea, The Empty State, the City of Richmond, and the Profession," 43 Univ. of Miami Law Review 989, 1989.

"Drafting Wagner's Act: Leon Keyserling and the Pre-Committee Drafts of the Labor Disputes Act and the National Labor Relations Act," 11 Industrial Relations Law Journal 73, 1989.

"Work on a Labor Theory of Meaning," 10 Cardozo Law Review 1637, 1989.

"The Crisis in Private Law Is Not An Ideal Situation," 10 Cardozo Law Review 1001, 1989.

"Holder of the Pen: An Interview With Leon Keyserling on Drafting The Wagner Act," 42 Univ. of Miami Law Review 285, 1987.

"Teaching An Old Dog Old Tricks: Coppage v. Kansas and At-Will Employment Revisited" 6 Cardozo Law Review, 765, 1985.

"Toward a Critical Jurisprudence: A First Step Through the Public-Private Distinction," 37 Univ. of Miami Law Review 379, 1983.

"Constitutive Values of Access to Government Under the Freedom of Information Act." NIH, CDC, Requested Exemptions from the FOIA, Ethics Advisory Board, DHEW, GPO, 1980.

"Public Policy Issues in Genetic Counseling," with James F. Childress, Ph.D., Genetic Counseling; Facts, Values and Norms, Capron, Lappe, et al., Liss. New York, 1979.

"The Judging Glass," 33 Univ. of Miami Law Review 59, 1978.

"Technology and the Law," with Laurence Tribe, J.D., Encyclopedia of Bioethics, Free Press, New York, 1978.

"Escape from Liberalism -- Fact and Value in Karl Llewellyn," 1977 Duke Law Journal 671, 1977.

"Obscuring the Role of the Physician," with Roy Branson, Ph.d, Symposium on the Karen Quinlan Respirator Case. Hastings Center Report, Vol. 6, February, 1976.

"Injury Compensation of Research Subjects -- One Approach to Societal Obligation," Kennedy Institute Quarterly Report, Spring, 1975.

Invited Presentations

2013: "Community Syndicalism for the United States," Conference on Work and Vulnerability, Emory University, April 5-6, 2013

"Community Syndicalism for the United States: Preliminary Observations on Law and Globalization in Democratic Production," Section on Labor and Employment Law, AALS Annual Meeting, January 4, 2013.

2012: "Public... Since Time Immemorial": The Labor History of Hague v. CIO," Class Crits V, Madison, Wisconsin, November 19, 2012.

"Subaltern Voices in the Trail of Tears: Cognition and Resistance of the Cherokee Nation to Removal in Building American Empire" SEALS, August 4, 2012

"The Idea of Labor Law," Labor Law Group Meeting, Asheville, NC, June 2012

2011: Plenary panel: "'Law is a Gun Thug in a Big Automobile:' Criminalizing Labor in American History," — Class Crits IV: Criminalizing Economic Inequality, American University, Washington D.C., September 23, 2011

2010: Paper: "Is a New Economics Based on Human Interdependence Possible?" Third Class Crits Conference: Meeting Progressive Economics," Baldy Center, Univ. of Buffalo Law School, May 20, 2010.

2008: "Memory Lost: Brown v. Board and the Constitutional Economy of Liberty and Race," Univ. of Miami Symposium on Race and Parents Involved v. Seattle School Dist. #1, March, 2008.

2007: Paper, "Of Service Workers, Contracting Out, Joint Employment, Legal Consciousness, and the University of Miami," Second Annual Employment and Labor Law Symposium, Univ. of Denver and Univ. of Colorado, Sept. 2007

Paper, "Of Service Workers, Contracting Out, Joint Employment, Legal Consciousness, and the University of Miami, Law & Society Assoc. Meeting, Berlin, July, 2007

Faculty Seminar – Univ. of Virginia Law School, "Contracting Out and Joint Employment," June, 2007

Paper, "Service Workers and Legal Consciousness," Labor Law and Working Class History Association Annual Meeting, Duke Univ., May, 2007

2001: Presenter - W.G. Hart Conference on Globalisation and International Legal Education. Inst. Of Advanced Studies, Univ. of London, June, 2001.

2000: Chair/Commentator – Law & Society Annual Meeting: "Class Acts: Welfare, Work, and Market," May, 2000

1999: Moderator/Presenter - "The Aging Labor Force and the New Deal" AALS Workshop on Work, Workers and the Law in the 21st Century

January 1999

1999: Chair/Presenter – Law & Society Meeting: Panel: Under My Thumb: Workers and the Culture of Struggle: Labor History in the 1930's: Paper: "Distinctly American Radicals: The AFL Rank & File Committee and the Coastwise Dock Strike of 1934," June, 1999

1997: Law & Society Meeting, "The Empty State and Nobody's Market: The Double Bind in Gender Discrimination", June, 1997

1995: North American Labor History Conference, "Aliquippa: The Company Town and Contested Power in Law," November, 1995

1993: Law & Society Meeting, "Constitutional Political Economy" and "Roundtable: Power Culture and the Workplace," May, 1993

1992: North American Labor History Conference, "Unemployment Insurance: American Social Wage and the Lundeen Bill," November, 1992

Law & Society Assoc. Meeting, Aliquippa: The Company Town and Contested Power," May, 1992

Critical Legal Studies Meeting, Same, April, 1992

1991: Social Science History Meeting, "Critical Labor Law History Panel"

November, 1991

Chair/Presenter, "Twentieth Century Labor History: Opening up Comparisons of Work and State," Law & Society Meeting, June, 1991

1990: Schouler Lectures – "The New Labor Law History," Johns-Hopkins History Dept. and Univ. of Maryland Law School

Univ. of Iowa Legal Theory Workshop – "The Legal Structure of the Workforce and At-Will Employment,"

1988: Hegel and Law Conference, "The Crisis in Private Law is not an Ideal Situation," March, 1988

Critical Legal Theory Student-Faculty Seminar, "Work on a Labor Theory of Meaning," Yale Law School, April, 1988

1985: Law & Society Meeting, "Legal Structure of the Workforce," June, 1985

Awards and Service

Referee: Law & Society Review, Cambridge Journal of Political Studies

Member: INTELL, Law & Society, CLS

1984: Editor, ReWorking, Project in Labor Theory

1991: Fund for Labor Relations Studies Award - "Aliquippa and Social Conflict: The Basis of Jones & Laughlin Steel Co. v. NLRB," AFL-CIO

1989: Fund for Labor Relations Studies Award - "Unemployment Insurance: The American Social Wage, Labor Organization, and Market Structure," AFL-CIO

1986: CHAIR, Section on Jurisprudence, American Association of Law Schools

Board of Directors, Consumers Savings and Loan Association, Miami, Florida

1980: Max Orovitz Award in Humanities, "Constitutional Rights and the New Critical Theory." University of Miami, Competitive Fellowship

1979: Consultant, Constitutional Law and Ethics - Ethics Advisory Board Sec. D.H.E.W., Sept. 1979. Re: Proposed Exemptions FOIA - For C.D.C.; N.I.H.

1978: Member, Cancer Control and Rehabilitation Advisory Committee, National Cancer Institute, N.I.H. 1978-79, 1979-80, and 1980-81 terms

Testimony, "The Constitutionality of a State call for 1979: A Constitutional Convention on the Single Subject of Abortion-Against" - Florida Senate Rules and Calendar Committee

1977: Member, National Institutes of Health - National Cancer Institute Consensus Development Panel on Breast Cancer Screening

Expert Panel to recommend future direction of public screening and evaluate current programs

Member, Joint Review Panel National Science Foundation National Endowment for the Humanities - Ethics and Values in Science and Technology Program

Seminar Leader, N.I.H. Biomedical Ethics Seminars, S.T.E.P. Program, "Problems of Informed Consent in Research Involving Children"

"Intensive Course in BioEthics; A Program for Health Sciences Professionals"

1976: Faculty Member, Kennedy Institute Center for Bio-Ethics