Eric Tucker

Professor Eric Tucker has been teaching at Osgoode Hall Law School since 1981 and served as Graduate Program Director from 1998 to 2001. He is interested in labour law and is involved in law reform initiatives through his participation on the board of the Injured Workers’ Consultants, a community legal clinic. He has published in the fields of occupational health and safety regulation and the history and current state of labour law. He has also co-authored a study of reproductive hazards in the workplace for the Royal Commission on New Reproductive Technologies. He can be reached at etucker@osgoode.yorku.ca

Osgoode Society for Canadian Legal History Books

State Trials, Volume 4: War Measures and the Repression of Radicalism, 1914‐39 (Toronto: University of Toronto Press and the Osgoode Society for Canadian Legal History, 2015) (with Barry Wright and Susan Binnie) (517 pages)

Property on Trial: Canadian Cases in Context (Toronto: The Osgoode Society and Irwin Law, 2012), 532pp. (editor with James Muir and Bruce Ziff)

Work on Trial: Canadian Labour Law Struggles (Toronto: The Osgoode Society and Irwin Law, 2010), 426 pp. (editor with Judy Fudge)

Labour Before the Law: The Regulation of Workers’ Collective Action in Canada, 1900 – 1948 (Toronto: The Osgoode Society and University of Toronto Press, 2001), 398 pp. (with Judy Fudge)

Chapters in Osgoode Society Books

“Introduction: War Measures and the Repression of Radicalism, 1914-1939” in Barry Wright, Eric Tucker and Susan Binnie, eds., Canadian State Trials, Vol. IV: War Measures and the Repression of Radicalism, 1914-1939 (Toronto: Osgoode Society for Canadian Legal History and University of Toronto Press, 2015), 3-41 (with Barry Wright and Susan Binnie).

“The Malling of Property Law: The Toronto Eaton Centre Cases, 1984-1987 and the
Right to Exclude” in James Muir, Eric Tucker and Bruce Ziff, eds., Property on Trial: Canadian Property Law Cases in Context (Toronto: Irwin Law and the Osgoode Society for Canadian Legal History, 2012), pp. 303-352.

“Hersees of Woodstock Ltd. v. Goldstein: A Small Town Case Makes it Big” in Judy
Fudge and Eric Tucker, eds, Work on Trial: Canadian Labour Law Struggles (Toronto: Irwin Law and the Osgoode Society for Canadian Legal History, 2010), pp. 217-48.

“Introduction” in Judy Fudge and Eric Tucker, eds, Work on Trial: Canadian Labour
Law Struggles
(Toronto: Irwin Law and the Osgoode Society for Canadian Legal History,
2010), pp. 1-11 (with Professor Judy Fudge).

“Street Railway Strikes, Collective Violence, and the Canadian State, 1886-1914,” in
Barry Wright and Susan Binnie, eds., Canadian State Trials, Vol. III (Toronto: Osgoode
Society, 2009), pp. 257-93.

Other Legal History Publications

“Farm Worker Exceptionalism: Past, Present, and the post-Fraser Future” in Fay Faraday,
Judy Fudge and Eric Tucker, eds., Constitutional Labour Rights in Canada: Farm
Workers and the Fraser Case
(Toronto: Irwin Law, 2012), pp. 30-56.

“Labour Rights in an Interregnum: The Ambiguous Legacy of J.S. Woodsworth,” in Jane
Pulkingham ed., A Common Interest. Human Rights, Human Welfare and Labour: Rethinking the Legacy of J.S. Woodsworth (University of Toronto Press, 2010), pp. 65-90.

“Who’s Running the Road? Street Railway Strikes and the Problem of Constructing a
Liberal Order in Canada, 1886-1914” Law and Social Inquiry, Vol. 35, 2010, pp. 451-85.

“The Freedom to Strike in Canada: A Brief Legal History” (2010) 15:2 Canadian Labour
and Employment Law Journal
, pp. 333-53 (with Judy Fudge).

“’Everybody Knows What a Picket Line Means’: Picketing Before the British Columbia
Court of Appeal,” BC Studies, Vol. 162, 2009 pp. 53-79 (with Judy Fudge).

“The Constitutional Right to Bargain Collectively: The Ironies of Labour History in the
Supreme Court of Canada,” Labour/Le Travail, Vol.61, 2008, pp. 151-80 (reprinted in Icfai University Journal of Employment Law, Vol. 6, 2008, pp. 44-67).

“Shareholder and Director Liability for Unpaid Workers’ Wages in Canada: From
Condition of Granting Limited Liability to Exceptional Remedy,” Law and
History Review,
Vol. 26, 2008, pp. 57-98.

“All that is Solid Melts into Air: Worker Participation in Health and Safety Regulation in
Ontario, 1970-2000,” in Vernon Mogensen, ed. Worker Safety Under Siege: Labor
Capital and the Politics of Workplace Safety in a Deregulated World
(Armonk, NY: Sharpe, 2005), pp. 157-86 (Co-authored with Professor Robert Storey).

Self-employed Workers Organize: Law, Policy and Unions (Montreal: McGill-Queen’s University Press, 2005), 265 pp. (with Judy Fudge, Leah F. Vosko and Cynthia Cranford)

“Pluralism or Fragmentation?: The Twentieth Century Employment Law Regime in
Canada,” Labour/Le Travail, Vol. 46, 2000, pp. 251-306. (Co-authored with Professor Judy Fudge).

“Forging Responsible Unions: Metal Workers and the Rise of the Labour Injunction in
Canada,”Labour/Le Travail, Vol.37, 1996, pp. 81-119 (Co-authored with Professor Judy Fudge).

“Labour Law and Fragmentation Before Statutory Collective Bargaining” in Mercedes
Steadman and Peter Suschnigg, eds., Hard Labour Lessons (Toronto: Dundurn Press,
1995), pp. 99-116.

“The Faces of Coercion: The Legal Regulation of Labour Conflict in Ontario in the
1880’s,” Law and History Review, Vol. 12, 1994, pp. 277-339.

“`That Indefinite Zone of Toleration’: Criminal Conspiracy and Trade Unions in Ontario,
1837-1877,” Labour/Le Travail, Vol. 27, 1991, pp. 15-54.

Administering Danger in the Workplace : The Law and Politics of Occupational Health and Safety Regulation in Ontario, 1850-1914 (Toronto: University of Toronto Press, 1990), 310 pp.

“Making the Workplace `Safe’ in Capitalism: The Enforcement of Factory Legislation in
Nineteenth Century Ontario,” Labour/Le Travail, Vol. 21, 1988, pp. 45-86.

“The Law of Employers’ Liability in Ontario 1861-1900: The Search For A Theory,” Osgoode Hall Law Journal, Vol. 22, 1984, pp. 213-280.

“The Determination of Occupational Health and Safety Standards in Ontario 1860-1982:
From Markets To Politics To…?,” McGill Law Journal, Vol. 29, 1984, pp. 215-259.

“Compensating Work-Related Disability: Theory, Politics and History of the Commodification-Decommodification Dialectic” in Ravi Malhotra and Ben Isitt, eds., Disabling Barriers: Social Movements, Disability History and Law (Vancouver: UBC Press, 2017), 189-210.

“A Tale of Two Harrys: The Life, Limits and Demise of Industrial Pluralism in Canada” in Simon Archer, Daniel Drache, and Peer Zumbansen, eds., The Daunting Enterprise of the Law: Essays in Honour of Harry W. Arthurs (Montreal: McGill-Queens Press, 2017), 75-89.

“When Wage Theft Was a Crime in Canada” (2017) 54:3 Osgoode Hall Law Journal 933-58.