Kenneth M Casebeer

Professor of Law Emeritus

J.D. 1974, Harvard Law School
A.B. 1971, Georgetown University

Kenneth M. Casebeer, Professor of Law Emeritus, earned an A.B., magna cum laude, from Georgetown University in 1971 and a J.D., cum laude, from Harvard Law School in 1974. In 1975-76, he held the position of legal scholar at the Kennedy Institute for Bio-Ethics at Georgetown University, where he taught in the Department of Philosophy. A professor at the University of Miami School of Law since 1974, he served as Associate Dean during 1986-87. Professor Casebeer teaches courses in constitutional law, jurisprudence, and work law: the law governing employment relations and collective bargaining.

As an academic, Professor Casebeer has consistently worked on the connections between law and power, and the state, work, and democracy. His scholarship on constitutional law and social theory, employment, labor history, medical ethics, and legal philosophy combines traditions of American Pragmatism and the Frankfurt School of critical theory. Philosophically, his Work on a Labor Theory of Meaning, and recently,Taking Interdependence and Production More Seriously: Toward Mutual Rationality and a More Useful Law and Economics, posits that human time and organization depend upon social meaning produced through work. This idea serves as a critique of discourse theory and stands as an alternative strategy to that of Jurgen Habermas within Post-Hegelian and Marxian debates.

Jurisprudentially, these commitments lead to a revision and extension of Legal Realism, highlighted in Fact and Value in Karl Llewellyn, and Toward a Critical Theory of Jurisprudence. Juridically, this reveals the intrinsic role of ideology in adjudication; The Judging Glass, and The Empty State and Nobody's Market: The Political Economy of Non-Responsibility and the Judicial Disappearing of the Civil Rights Movement. He therefore argues the need to substantially revise legal practices and education in order to identify the uses of power in law that subordinate people and in turn weaken democracy.

In The Empty State and Nobody's Market, and in Paris is closer than Frankfurt: The Nth American Exceptionalism, he draws upon European social theory to explain the need to understand the state as responsible for the consequences of many forms of power.

Professor Casebeer explores the manner in which the state through law extends power beyond government administration, and therefore, questions how such powers' exercise in a democracy should extend our responsibility for dignity and inclusion, as a mutual self-defense. He believes the pursuit of utopian justice incoherent, in favor of attacking existing injustices, Running on Empty, and Memory Lost.

He proposes that lawyer arguments take account of the continuity of legislative and judicial decisions within on-going struggles over social functions, Teaching an Old Dog New Tricks: Coppage v. Kansas and At-Will Employment Revisited, and that such arguments should be informed by skills necessary to document a "present history" of the stakes and power pending any legal decision. In this endeavor, at the same time, he has been part of the generation of two new academic sub-fields: Critical Labor Law History, and Work Law. His contributions include a political history of the relationship of labor organization and Social Security in the thirties, Unemployment Insurance: American Social Wage, Labor Organization and Legal Ideology, a social history of the community of the test case of the NLRA, Aliquippa: The Company Town and Contested Power in the Construction of Law, a contemporary history of contracting out and low wage immigrant labor, Of Service Workers, Contracting Out, Joint Employment, Legal Consciousness, and the University of Miami, and several articles on the drafting of the Wagner Act, the Fansteel Sit-Down Case and At-Will Employment.

His bibliography of Critical Labor Law has been republished in the first Chinese language study of a Western Legal movement, wherein his work is also discussed. He published a casebook about worker interests and powers within labor markets and the division of labor – Work Law in American Society – and has a labor and the law history book American Labor Struggles and Law Histories. Professor Casebeer has published and edited the labor law newsletter, "Re-Working," served as a peer reviewer for academic journals in social theory, and sat as a board member for numerous private and public institutions.

 Publications

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.

 

 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