Benjamin I. Sachs, Reinhardt at Work, 120 Yale L.J. 573 (2010).
Abstract: This Tribute essay explores Judge Stephen Reinhardt’s labor and employment jurisprudence, arguing that the jurisprudence is defined by a consistent substantive vision of what labor and employment law intends to accomplish and by a particular method of interpreting these laws. Three cases highlight these twin themes. The first concerns the scope of the anti-retaliation clause of the Fair Labor Standards Act. The second deals with the ability of undocumented workers to assert rights granted by Title VII. And the third addresses the ability of unions to spend dues money on organizing new members. The essay also comments on these cases’ broader significance to the fields of labor and employment law.