On Restating the Common Law of Employee Privacy

Matthew W. Finkin, PRIVACY IN EMPLOYMENT LAW, BNA Press, Forthcoming

14 Pages Posted: 2 Dec 2009

See all articles by Matthew Finkin

Matthew Finkin

University of Illinois College of Law

Date Written: October 7, 2009

Abstract

The American Law Institute (ALI) has circulated the initial draft of the chapter of its proposed Restatement of Employment Law dealing with employee privacy. This essay, which will be the Preface to the third edition of the author’s Privacy In Employment Law now in press (Bureau of National Affairs), takes up the draft’s stated presupposition, its methodology, and the resulting restated principles. It finds fundamental flaws in each as measured against extant law. In a nutshell, the draft is an effort at invention, not restatement. The dilemma it poses for the ALI is that parts of what the ALI has already adopted as a Restatement of Employment Law suffer from analogous infirmities. Thus the approach taken in this draft presents a challenge to what the restatement project is about.

Suggested Citation

Finkin, Matthew W., On Restating the Common Law of Employee Privacy (October 7, 2009). Matthew W. Finkin, PRIVACY IN EMPLOYMENT LAW, BNA Press, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1484805 or http://dx.doi.org/10.2139/ssrn.1484805

Matthew W. Finkin (Contact Author)

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
95
Abstract Views
562
rank
272,729
PlumX Metrics