Judy Fudge

Kent Law School

Professor

Keynes College

Canterbury, Kent CT2 7NP

United Kingdom

University of California, Berkeley - Berkeley Comparative Equality & Anti-Discrimination Law Study Group

Boalt Hall

Berkeley, CA 94720-7200

United States

SCHOLARLY PAPERS

33

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6

Scholarly Papers (33)

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1.

The Temporary Foreign Worker Program in Canada: Low-Skilled Workers as an Extreme Form of Flexible Labour

Comparative Labor Law and Policy Journal, Vol. 31, p. 101-139, 2009
Number of pages: 42 Posted: 15 Feb 2010
Judy Fudge and Fiona MacPhail
Kent Law School and University of Northern British Columbia
Downloads 2,335 (5,145)
Citation 4

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temporary migration, labour, Canada, rights

2.

The New Discourse of Labour Rights: From Social to Fundamental Rights?

Comparative Labor Law and Policy Journal, Vol. 29, No. 1, 2007
Number of pages: 50 Posted: 27 Mar 2007
Judy Fudge
Kent Law School
Downloads 714 (32,586)

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labour, rights, international, social, capabilities, human rights

3.

The Freedom to Strike in Canada: A Brief Legal History

(2010), 15:2 Canadian Labour and Employment Law Journal, 333-53
Number of pages: 23 Posted: 11 Mar 2010 Last Revised: 12 Jul 2010
Eric Tucker and Judy Fudge
York University - Osgoode Hall Law School and Kent Law School
Downloads 570 (43,967)

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stikes, Canada, legal history

4.

The Precarious Migrant Status and Precarious Employment: The Paradox of International Rights for Migrant Workers

Metropolis British Columbia: Centre of Excellence for Research on Immigration and Diversity Working Paper No. 11-15
Number of pages: 57 Posted: 12 Nov 2011
Judy Fudge
Kent Law School
Downloads 566 (44,358)

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migrant worker, precarious employment, human rights

5.

Control Over Working Time and Work-Life Balance: A Detailed Analysis of the Canada Labour Code Part III

Federal Labour Standards Review Commission, February 2006
Number of pages: 165 Posted: 27 Mar 2007
Judy Fudge
Kent Law School
Downloads 390 (70,337)

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working time, work-life balance, employment standards legislation

6.

Working-Time Regimes, Flexibility, and Work-Life Balance: Gender Equality and Families

DEMYSTIFYING THE FAMILY/WORK CONFLICT: CHALLENGES AND POSSIBILITIES, pp. 170-193, Catherine Krull and Justyna Sempruch, eds., University of British Columbia Press, 2011
Number of pages: 24 Posted: 27 Aug 2011
Judy Fudge
Kent Law School
Downloads 336 (83,686)

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7.

Employee or Independent Contractor? Charting the Legal Significance of the Distinction in Canada

Canadian Labour and Employment Law Journal, Vol. 10, No. 2, pp. 193-230, 2003
Number of pages: 20 Posted: 21 Jul 2011 Last Revised: 23 Jul 2011
Eric Tucker, Judy Fudge and Leah Vosko
York University - Osgoode Hall Law School, Kent Law School and York University
Downloads 296 (96,335)

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independent contractors, labour and employment legislation, statutory protection of entrepreneurs, common and civil law of employment, denying coverage of employees, distinction of employees and independent contractors

8.

After Industrial Citizenship: Market Citizenship or Citizenship at Work?

Relations Industrielles, Vol. 60, No. 4, pp. 631-56, 2005
Number of pages: 26 Posted: 19 Apr 2006
Judy Fudge
Kent Law School
Downloads 267 (107,510)

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industrial citizenship, labour law, Canada

9.

Constitutionalizing Labour Rights in Europe

THE LEGAL PROTECTION OF HUMAN RIGHTS: SCEPTICAL ESSAYS, pp. 244-67, Tom Campbell, Keith Ewing and Adam Tompkins, eds., Oxford: Oxford University Press, 2011
Number of pages: 40 Posted: 15 Feb 2010 Last Revised: 29 Aug 2011
Judy Fudge
Kent Law School
Downloads 250 (115,149)

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labour rights, Europe, constitution, courts

10.

Fragmenting Work and Fragmenting Organizations: The Contract of Employment and the Scope of Labour Regulation

Osgoode Hall Law Journal, Vol. 44, No. 4, 2006
Number of pages: 36 Posted: 27 Mar 2007
Judy Fudge
Kent Law School
Downloads 222 (129,655)
Citation 1

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employment, labour, contract, firm, fragmentation

11.

Global Care Chains, Employment Agencies and the Conundrum of Jurisdiction: Decent Work for Domestic Workers in Canada

Canadian Journal of Women and the Law, Vol. 23, No. 1, pp. 235-264, 2011
Number of pages: 16 Posted: 27 Aug 2011
Judy Fudge
Kent Law School
Downloads 179 (158,469)

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domestic workers, employment agencies, migrant workers, jurisdiction, transnational

12.

Brave New Words: Labour, the Courts and the Canadian Charter of Rights and Freedoms

Windsor Yearbook Access to Justice, Vol. 28, No. 1, 2010
Number of pages: 30 Posted: 17 Dec 2009 Last Revised: 14 Dec 2010
Judy Fudge
Kent Law School
Downloads 130 (207,121)

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labour rights, collective bargaining rights, canada

13.

Justice in a Globalizing World: Resolving Conflicts Involving Workers Rights beyond the Nation State

EUI Working Papers LAW No. 2013/06
Number of pages: 37 Posted: 17 Jul 2013
Judy Fudge and Guy Mundlak
Kent Law School and Tel Aviv University - Buchmann Faculty of Law
Downloads 121 (218,826)

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Labour law, Globalization, Social dumping, Posted workers, European Union, World Trade Organization

14.

'Everybody Knows What a Picket Line Means': Picketing Before the British Columbia Court of Appeal

BC Studies, No. 162, pp. 53-79, Summer 2009
Number of pages: 27 Posted: 03 Nov 2009
Judy Fudge and Eric Tucker
Kent Law School and York University - Osgoode Hall Law School
Downloads 113 (230,042)

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15.

Pluralism or Fragmentation? The Twentieth-Century Employment Law Regime in Canada

Labour/Le Travail, Vol. 46, pp. 251-306, 2000
Number of pages: 56 Posted: 26 Mar 2010
Eric Tucker and Judy Fudge
York University - Osgoode Hall Law School and Kent Law School
Downloads 107 (239,126)
Citation 1

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16.

A Question of Scale: Justice, Citizenship and Gender

Canadian Journal of Women and the Law, Vol. 22, No. 1, pp. 267-276, 2010
Number of pages: 11 Posted: 27 Aug 2011
Judy Fudge
Kent Law School
Downloads 98 (254,032)

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globalization, justice, citizenship. gender

17.

Brave New Words: Labour, the Courts and the Canadian Charter of Rights and Freedoms

Windsor Yearbook of Access to Justice, Vol. 28, No. 1, p. 23, 2010
Number of pages: 30 Posted: 23 Apr 2011
Judy Fudge
Kent Law School
Downloads 80 (288,465)

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18.

Conceptualizing Collective Bargaining Under the Charter: The Enduring Problem of Substantive Equality

Number of pages: 36 Posted: 20 Jan 2009
Judy Fudge
Kent Law School
Downloads 37 (412,980)

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labour, collective bargaining, bill of rights, Canada

19.

Dishing Up Migrant Workers for the Canadian Food Services Sector: Labor Law and the Demand for Migrant Workers

Comparative Labor Law & Policy Journal, 2017
Number of pages: 28 Posted: 08 Aug 2018
Judy Fudge and Joo-Cheong Tham
Kent Law School and University of Melbourne
Downloads 19 (499,314)

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20.

Unsavoury Employer Practices: Understanding Temporary Migrant Work in the Australian Food Services Sector

International Journal of Comparative Labour Law and Industrial Relations (Forthcoming)
Number of pages: 25 Posted: 13 Dec 2018
Joo-Cheong Tham and Judy Fudge
University of Melbourne and Kent Law School
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Migrant workers, Use of migrant labour, Conditionalities, Sectoral Regulation, Food Services

21.

From Women and Labour Law to Putting Gender and Law to Work

“From Women and Labour Law to Putting Gender and Law to Work” in Margaret Davies and Vanessa Munro, eds., A Research Companion to Feminist Legal Theory (Ashgate, 2013) 321-340.
Posted: 23 Apr 2014
Judy Fudge
Kent Law School

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gender, labour law, discrimination, equality, employment

22.

Flexicurity and Labour Law: Labour Market Segmentation, Precarious Work, and Just Distribution

“Flexicurity and Labour Law: Labour Market Segmentation, Precarious Work, and Just Distribution,” in Ann Numhauser-Henning and Mia Rönmmar, ed, Normative Patterns and Legal Developments in the Social Dimension of the EU (Oxford: Hart, 2013) 211- 235.
Posted: 23 Apr 2014
Judy Fudge
Kent Law School

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flexicurity, European labour law, gender, atypical work, segmentation

23.

Freedom of Association

Stéphane Beaulac and Errol Mendes, eds., Canadian Charter of Rights and Freedoms (5th ed.) (Toronto: LexisNexis, 2013) 527-562.
Posted: 23 Apr 2014
Judy Fudge
Kent Law School

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freedom of association, labour, collective, rights, constitution, Canada

24.

Feminist Reflections on the Scope of Labour Law: Domestic Work, Social Reproduction, and Jurisdiction

Feminist Legal Studies, Vol. 22, No. 1, 2014
Posted: 23 Apr 2014
Judy Fudge
Kent Law School

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feminism, labour law, social reproduction, jurisdiction, employment, domestic work

25.

Making Claims for Migrant Workers: Human Rights and Citizenship

(2014) Making claims for migrant workers: human rights and citizenship, Citizenship Studies, 18:1, 29-45
Posted: 23 Apr 2014
Judy Fudge
Kent Law School

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migrant workers, citizenship, human rights

26.

Labour as a ‘Fictive Commodity’: Radically Reconceptualizing Labour Law

THE IDEA OF LABOUR LAW, pp. 120-135, Guy Davidov and Brian Langille, eds., Oxford University Press, 2011
Posted: 27 Aug 2011
Judy Fudge
Kent Law School

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Labour, work, fictive commodity, capabilities, equality, unpaid work, feminism

27.

Transnational Labour Regulation: Projection, Scale, and Symbolism

SOCIAL REGIONALISM IN THE GLOBAL ECONOMY, pp. 299-310, Adelle Blackett and Christian Levesque, eds., Routledge, 2011
Posted: 27 Aug 2011
Judy Fudge
Kent Law School

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transnational labour, rights, distribution, social, maps

28.

After Industrial Citizenship: Market Citizenship or Citizenship at Work?

Relations Industrielles/Industrial Relations, Vol. 60, No. 4, 2005
Posted: 23 Jun 2010
Judy Fudge
Kent Law School

Abstract:

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29.

The Supreme Court of Canada and the Right to Bargain Collectively: The Implications of the Health Services and Support Case in Canada and Beyond

Industrial Law Journal, Vol. 37, Issue 1, pp. 25-48, 2008
Posted: 22 Jun 2008
Judy Fudge
Kent Law School

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30.

The Spectre of Addis in Contracts of Employment in Canada and the UK

Industrial Law Journal, Vol. 36, Issue 1, pp. 51-67, 2007
Posted: 17 Jun 2008
Judy Fudge
Kent Law School

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31.

The Supreme Court of Canada and the Right to Bargain Collectively in Canada and Beyond

Industrial Law Journal, Vol. 37, No. 1, pp. 25-48, 2008
Posted: 04 Feb 2008
Judy Fudge
Kent Law School

Abstract:

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Labour, international, constitutional law, Canada, collective bargaining

32.

Self-Employment, Women, and Precarious Work: The Scope of Labour Protection

Precarious Work, Women and the New Economy: The Challenge to Legal Norms, pp. 201-22, 2006
Posted: 19 Apr 2006
Judy Fudge
Kent Law School

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women, employment, self-employment, Canada

33.

The Legal Boundaries of the Employer, Precarious Workers, and Labour Protection

BOUNDARIES AND FRONTIERS OF LABOUR LAW: GOALS AND MEANS IN THE REGUALTION OF WORK, Guy Davidov and Brian Langille, eds, Oxford: Hart Publishing, 2006
Posted: 19 Apr 2006
Judy Fudge
Kent Law School

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employer, labour, protection, ILO, Canada