Thursday, November 27, 2014

Assessing the New Restatement

NewimageAs the new Employment Law Restatement approaches final form, we can expect another wave of academic commentary, and I was fortunate enough to be present last week at the first such effort, a Symposium hosted at Ithaca hosted by the Cornell Law Review.  Some of the papers are already available on SSRN, including Michael Harper's Fashioning a General Common Law for Employment in the Age of Statutes and Robert Hillman's Drafting Chapter 2 of the ALI's Employment Law Restatement in the Shadow of Contract Law: An Assessment of the Challenges and Results. 

I assume the other papers will be available on SSRN soon, and, in any event, will be published in the Cornell Law Review in the spring. They include Steve Willborn's assessment of Chapter 7,  Privacy; two offerings on Chapter 8, Employee Obligations and Restrictive Covenant, one by Mike Selmi and another by Deborah DeMott; and my own musings on Chapter 9, Remedies.

Most of the panels featured one of the Reporters for the project, and I was struck by their openness to addressing "scrivener's errors" even at this late stage.  Those working from the April Proposed Final Draft considered by the American Law Institute in May should be aware of one major change (the final version will take no position on whether the wrongful discharge tort will extend to wrongful discipline short of constructive discharge) and perhaps a number of less significant ones.

And I forgot to mention the retitling -- it is no longer the Restatement (Third) of Employment Law -- the "Third" having been jettisoned. Much more sensible since as we all know there was never a First or Second version of this Restatement. If you're wondering, I think the idea for the original title was that this was part of the Third series of Restatements.  

As is well known, this Restatement was more controversial than most ALI efforts, due largely to the opposition of the Labor Law Group. And that controversy will continue -- both in the law reviews and in the courts.  

One measure of success, of course, is acceptance by the courts, and on that measure the Restatement is off to an ironic start.  The first judicial opinion to cite it, Tamosaitis v. URS Inc., 2014 U.S. App. LEXIS 21314 (9th Cir. Wash. Nov. 7, 2014), written by Judge Berzon (who was present at the Symposium) looked at the Proposed Final Version's treatment of the tort of wrongful discipline. As I noted above, however, the Institute itself retreated from that position in May to adopt an agnostic stance about whether the tort reached so far.

Another metric, of course, is how well the Restatement maps onto the case law. That, of course, is what a Restatement is (mostly) supposed to do according to the ALI, and we can expect a number of good analyses in that regard.

Yet another metric is the internal consistency or overarching theoretic structure of a Restatment. In this regard for example, Steve Willborn's critique of the Privacy chapter stands out as a signal contribution. Worth a read also is Professor Hillman's work, which finds that the Restatement does no worse than contract law generally in failing to articulate a unifying theory of several of the contracts-related subjects it addresses.   

A final metric is whether the new Restatement is employee- or employer-friendly, or at least more or less friendly than the common law.  If there's one metric the Reporters don't accept, it's this. And I should know because that was largely the metric I applied in my talk on Remedies!  

I do get the problem. For example, the Restatement's rejection of emotional distress contract damages for fired employees could scarcely be challenged from the point of view of case-counting. But as Alan Hyde has argued, is such a rule really sensible in light of the profound psychological and even physical effects of discharge on workers?  But this is an example where the Restatement, while employer-friendly, tracks the case law.

In other instances, however, assessing the Restatement in terms of its exacerbation or amelioration of the bias built into the law seems perfectly appropriate -- to me, at least. An example I offered at the Cornell Symposium was the Restatement's approval of a version of the "lowered sights" doctrine, the notion -- definitely the minority rule -- that, in order to mitigate her damages, a wrongfully discharged employee must, after a reasonable time, accept less attractive substitute employment when more attractive employment isn't found.  

At all events, I enjoyed the Symposium, and thank the Reporters for their graciousness and the Law Review for its hospitality. I look forward to the final versions of the papers and to more scholars weighing in on the entire question.  

CAS

November 27, 2014 in Conferences & Colloquia | Permalink | Comments (0) | TrackBack (0)

Monday, October 6, 2014

SEALS call for participants

SEALS 2015The Southeastern Association of Law Schools holds its annual meeting every summer at the end of July/beginning of August, and planning for next year's programming has started. For the past several years, a workshop for labor and employment law has taken place over several of the days. Michael Green (Texas A & M) is helping to organize the workshop for next summer. If you are interested in participating, feel free to get in touch with him: mzgreen@law.tamu.edu. Some suggestions already made include panels or discussion groups on whistleblowing, joint employer issues, termination for off-duty conduct (including recent NFL scandals), disability and UPS v. Young, and a junior scholars workshop.

One additional piece of programming already proposed is a discussion group on attractiveness issues in Employment Discrimination cases. Wendy Greene is helping to organize it, so get in touch with her if you are interested in participating on that topic.

And regardless of whether you get in touch with Michael or Wendy, you should think about proposing programming for the annual meeting if you are at all interested and regardless of the topic. The meeting is surprisingly (because of the lovely environs) substantive, and the environment is very relaxed and is designed to be egalitarian.  Here are the details:

The SEALS website www.sealslawschools.org is accepting proposals for panels or discussion groups for the 2015 meeting which will be held at the Boca Raton Resort & Club http://www.bocaresort.com/  Boca Raton, Florida, from July 27 to Aug. 2.  You can submit a proposal at any time.  However, proposals submitted prior to October 31st are more likely to be accepted.

This document explains how to navigate SEALS, explains the kinds of programs usually offered, and lays out the rules for composition of the different kinds of programming: Download Navigating submission. The most important things the Executive Director emphasizes are these:  First, SEALS strives to be both open and democratic.  As a result, any faculty member at a SEALS member or affiliate school is free to submit a proposal for a panel or discussion group.  In other words, there are no "section chairs" or "insiders" who control the submissions in particular subject areas.  If you wish to do a program on a particular topic, just organize your panelists or discussion group members and submit it through the SEALS website.  There are a few restrictions on the composition of panels (e.g., panels must include a sufficient number of faculty from member schools, and all panels and discussion groups should strive for inclusivity).  Second, there are no "age" or "seniority" restrictions on organizers.  As a result, newer faculty are also free to submit proposals.  Third, if you wish to submit a proposal, but don't know how to reach others who may have an interest in participating in that topic, let Russ Weaver know and he will try to connect you with other scholars in your area.

MM

October 6, 2014 in Conferences & Colloquia, Disability, Employment Common Law, Employment Discrimination, Faculty News, Faculty Presentations, International & Comparative L.E.L., Labor Law, Pension and Benefits, Public Employment Law, Religion, Scholarship, Teaching, Wage & Hour, Workplace Trends | Permalink | Comments (0) | TrackBack (0)

Sunday, September 7, 2014

Higher Ed Collective-Bargaining Conference

HinterBill Herbert writes to inform us that the National Center for the Study of Collective Bargaining in Higher Education at Hunter College has put out a Call for Papers for its 42nd annual national conference: Thinking About Tomorrow: Collective Bargaining and Labor Relations in Higher Education.

The submission deadline is October 17, 2014 and the conference will be April 19-21, 2015.  You can send submissions to:  national.center@hunter.cuny.edu.  Among the topics that the center is interested in are:

Leadership in contract negotiations and labor relations;

Public and private sector negotiations: distinctions and similarities;

Collective bargaining issues and results for non-tenure track faculty;

Academic freedom, due process and shared governance issues for adjunct faculty;

 Special issues and challenges in negotiating over graduate assistants;

 Approaches for ensuring faculty diversity and for responding to discrimination, harassment and retaliation issues.

The Center is also seeking proposals for interactive workshop trainings, such as those on: 

Developing and implementing effective succession plans;

Collective bargaining skills for new administrators and new union representatives;

Tools and best practices for ensuring effective contract administration;

 Training, practices, and policies on bullying and harassment.

Check out the announcement website for more details.

-JH

 

September 7, 2014 in Conferences & Colloquia | Permalink | Comments (0) | TrackBack (0)

Friday, August 29, 2014

Call for Papers: "Applied Feminism and Work"

Scholarly writingDeborah Thompson Eisenberg (Maryland) sends along this call for papers from the University of Baltimore's Center on Applied Feminism:

CALL FOR PAPERS: "APPLIED FEMINISM AND WORK"

The University of Baltimore School of Law's Center on Applied Feminism seeks submissions for its Eighth Annual Feminist Legal Theory Conference.  This year's theme is "Applied Feminism and Work."  The conference will be held on March 5 and 6, 2015.  For more information about the conference, please visit law.ubalt.edu/caf.

As the nation emerges from the recession, work and economic security are front and center in our national policy debates.  Women earn less than men, and the new economic landscape impacts men and women differently.  At the same time, women are questioning whether to Lean In or Lean Out, and what it means to "have it all."  The conference will build on these discussions. As always, the Center's conference will serve as a forum for scholars, practitioners and activists to share ideas about applied feminism, focusing on the intersection of theory and practice to effectuate social change.  The conference seeks papers that discuss this year's theme through the lens of an intersectional approach to feminist legal theory, addressing not only the premise of seeking justice for all people on behalf of their gender but also the interlinked systems of oppression based on race, sexual orientation, gender identity, class, immigration status, disability, and geographical and historical context.

Papers might explore the following questions:  What impact has feminist legal theory had on the workplace? How does work impact gender and vice versa?  How might feminist legal theory respond to issues such as stalled immigration reform, economic inequality, pregnancy accommodation, the low-wage workforce, women's access to economic opportunities, family-friendly work environments, paid sick and family leave, decline in unionization, and low minimum wage rates?  What sort of support should society and law provide to ensure equal employment opportunities that provide for security for all?  How do law and feminist legal theory conceptualize the role of the state and the private sector in relation to work?  Are there rights to employment and what are their foundations?  How will the recent Supreme Court Burwell v. Hobby Lobby and Harris v. Quinn decisions impact economic opportunities for women?  How will the new EEOC guidance on pregnancy accommodation and the Young v. UPS upcoming Supreme Court decision affect rights of female workers?

 The conference will provide an opportunity for participants and audience members to exchange ideas about the current state of feminist legal theories.  We hope to deepen our understandings of how feminist legal theory relates to work and to move new insights into practice.  In addition, the conference is designed to provide presenters with the opportunity to gain feedback on their papers.

 The conference will begin the afternoon of Thursday, March 5, 2015, with a workshop.   This workshop will continue the annual tradition of involving all attendees as participants in an interactive discussion and reflection.   On Friday, March 6, 2015, the conference will continue with a day of presentations regarding current scholarship and/or legal work that explores the application of feminist legal theory to issues involving health.   The conference will be open to the public and will feature a keynote speaker. Past keynote speakers have included Nobel Laureate Toni Morrison, Dr. Maya Angelou, Gloria Steinem, Pulitzer Prize winning journalist Sheryl WuDunn, Senators Barbara Mikulski and Amy Klobuchar, and NOW President Terry O'Neill.

 To submit a paper proposal, please submit an abstract by Friday, 5 p.m. on October 31, 2014, to ubfeministconference@gmail.com.  It is essential that your abstract contain your full contact information, including an email, phone number, and mailing address where you can be reached.  In the "Re" line, please state:  CAF Conference 2015.  Abstracts should be no longer than one page.  We will notify presenters of selected papers in mid-November.  We anticipate being able to have twelve paper presenters during the conference on Friday, March 6, 2015. About half the presenter slots will be reserved for authors who commit to publishing in the symposium volume of the University of Baltimore Law Review.  Thus, please indicate at the bottom of your abstract whether you are submitting (1) solely to present or (2) to present and publish in the symposium volume.  Authors who are interested in publishing in the Law Review will be strongly considered for publication.  Regardless of whether or not you are publishing in the symposium volume, all working drafts of symposium-length or article-length papers will be due no later than February 13, 2015.   Abstracts will be posted on the Center on Applied Feminism's conference website to be shared with other participants and attendees.   Presenters are responsible for their own travel costs; the conference will provide a discounted hotel rate, as well as meals.

 We look forward to your submissions.  If you have further questions, please contact Prof. Margaret Johnson at majohnson@ubalt.edu.

MM

August 29, 2014 in Conferences & Colloquia, Faculty Presentations, Scholarship | Permalink | Comments (0) | TrackBack (0)

Sunday, August 24, 2014

Seton Hall Forum

Announcing
The Ninth Annual
Seton Hall
Employment & Labor Law Scholars’ Forum
Friday, October 24, 2014

The Forum is designed to provide junior scholars with commentary and critique by their more senior colleagues in the legal academy and, more broadly, to foster development and understanding of new scholarly currents across employment and labor law.

To that end, Seton Hall will convene its ninth annual Employment & Labor Law Scholars’ Forum on Friday, October 24, 2014.  This year’s Forum will feature three presenters:

Michael M. Oswalt, Assistant Professor
College of Law, Northern Illinois University

Brishen Rogers, Associate Professor
Beasley School of Law, Temple University

Natalya Shnitser, Assistant Professor
Boston College Law School

The paper topics are:

Improvisational Unionism
Michael M. Oswalt

The Uneasy Liberal Case for Labor Law
Brishen Rogers

Trust No More:  Rethinking the Regulation of Retirement Savings in the United States
Natalya Shnitser

Comment and critique will be provided by the following scholars:

Catherine Fisk, Chancellor’s Professor of Law, University of California at Irvine School of Law
Timothy P. Glynn, Professor of Law, Seton Hall University School of Law
Tristin K. Green, Professor of Law, University of San Francisco School of Law
Charles A. Sullivan, Professor of Law, Seton Hall University School of Law
Steven L. Willborn, Judge Harry A. Spencer Professor of Law, University of Nebraska College of Law
Michael J. Zimmer, Professor of Law, Loyola University of Chicago School of Law

CAS

August 24, 2014 in Conferences & Colloquia | Permalink | Comments (0) | TrackBack (0)

Thursday, August 21, 2014

Call for Papers: AALS Poverty Law Section

AALS logo imageAnnie Smith (University of Arkansas) sends along this call for papers for the AALS Poverty Law Section, who will sponsor a session at the 2015 AALS Annual Meeting.  The title of the program is Working But Poor: Understanding and Confronting the Working Poor Phenomenon.  In collaboration with the Loyola Journal of Public Interest Law, the Section seeks papers for publication and presentation. 

She notes that the deadline for submissions has been extended to September 1, 2014.  Additional information can be found here: Download AALS Poverty Section Call for Papers 2015

 

RKL

August 21, 2014 in Conferences & Colloquia, Faculty Presentations | Permalink | Comments (0) | TrackBack (0)

Tuesday, August 12, 2014

Call for Papers Reminder: AALS Section on Labor Relations and Employment Law

AALS logo imageJust a friendly reminder that the Executive Committee of the AALS Section on Labor Relations and Employment Law is accepting abstracts for papers to be presented as part of its program at the 2015 Annual Meeting.  The submission deadline is September 1, 2014.  Here is the full announcement:

Call for Papers

 

AALS Section on Labor Relations and Employment Law

 

"Emotions at Work: The Employment Relationship During an Age of Anxiety"

 

2015 AALS Annual Meeting

 

January 2-5, 2015

 

Washington, DC

 

The Executive Committee of the AALS Labor Relations and Employment Law Section is seeking abstracts for papers to be presented at the 2015 Annual Meeting in Washington, DC.  The section program is entitled Emotions at Work: The Employment Relationship During an Age of Anxiety.  The papers will be published in the Employee Rights and Employment Policy Journal, a multidisciplinary peer-reviewed journal published by ITT Chicago-Kent College of Law.

The program will focus on the emotional aspects of the employment relationship during uncertain economic times.  Many individuals are currently experiencing a greater range and intensity of emotions at work, both as employees and as employers, due to heightened anxiety and pressures.  Are these emotions in the workplace openly recognized and managed, and if so, how?  In what ways should employment law or workplace policy address these concerns?  A panel of leading scholars already committed to present will provide a multidisciplinary perspective on these questions.  We are seeking one additional speaker who will present on a relevant topic, and we particularly encourage new voices to submit a paper abstract.

The Labor Relations and Employment Law Section program will take place on Monday, January 5, 2015 from 10:30am to 12:15pm.  The program is co-sponsored by the Section on Socio-Economics.

Please submit an abstract of no more than 400 words and a resume to Section Chair Rebecca Lee at rlee@tjsl.edu by September 1, 2014.  The author of the selected abstract will be notified before October 1, 2014.

RKL

August 12, 2014 in Conferences & Colloquia, Faculty Presentations, Scholarship | Permalink | Comments (0) | TrackBack (0)

Tuesday, July 8, 2014

Call for Papers: 2015 Marco Biagi Conference

Scholarly writingSusan Bisom-Rapp (Thomas Jefferson) writes to let us know that the Marco Biagi Foundation has put out calls for papers for the 2015 annual conference on labor relations March 19-20, 2015, in Modena Italy.

There is a general call for papers  Download MARCO BIAGI CONFERENCE MARCH 2015, and a call for papers from newer scholars  Download Call YSW 2015. The topic of the conference is Employment Relations and Transformation of the Enterprise in the Global Economy, and for the general call for papers, the foundation invites papers focusing on one of four tracks:

  1. Organisational structure of the enterprise and the fragmentation of the employer’s role and responsibilities
  2. Employment relations in ‘special’ enterprises
  3. Small and medium-sized enterprises in a global context: relations, interests, protection
  4. Collective solidarity and the representation of interests in the context of recent developments in regulatory provisions and the dematerialisation of the enterprise

Participants who intend to contribute a paper to one of the conference sessions should submit an abstract (maximum 1500 words) no later than 31 October 2014, and fill in the form that will be made available from September 2014 on the Marco Biagi Foundation website: www.fmb.unimore.it

Abstracts should include an indication of the related track. However, the Academic Advisory Board reserves the right to assign papers to the track they consider to be most appropriate.

Abstracts and papers may be submitted either in English or in Italian.

In order to be included in one of the conference sessions, full papers need to be submitted to the conference organisers no later than 13 February 2015. 

Download the call for papers or visit the website for more details.

The Young Scholars Workshop will take place on the afternoon of March 18. 

Abstracts should describe research projects that fall within the field of Labour relations from one of the following disciplinary perspectives: law, industrial relations, labour economics, organization theory, human resources management. Special consideration will be given to those topics and original research projects that allow for an interdisciplinary dialogue involving two or more of these disciplines, and that show a specific concern for international and/or comparative issues.

Scholars willing to participate in the workshop should submit a 1,000 word abstract along with a resume, including educational and academic career, publications, and contact information, no later than 31 October 2014.

Please submit the abstract electronically (in English). The preferred format for submission is Microsoft Word.

Abstracts should include the paper title and a bibliography, and should make specific reference to disciplinary field, academic affiliation of the author, research question(s), methodology and main results achieved.

The working language of the workshop will be English, some authors may be selected for a poster presentation instead, and some conference expenses will be covered for one author of papers and posters accepted. See the call for more details.

MM

July 8, 2014 in Conferences & Colloquia, Faculty Presentations, International & Comparative L.E.L., Scholarship | Permalink | Comments (0) | TrackBack (0)

Monday, July 7, 2014

Call for Papers

AalsRebecca Lee, Chair of the AALS Section on Labor Relations and Employment Law sends along the following call for papers:

AALS Section on Labor Relations and Employment Law

"Emotions at Work: The Employment Relationship During an Age of Anxiety"

2015 AALS Annual Meeting

January 2-5, 2015

Washington, DC

The Executive Committee of the AALS Labor Relations and Employment Law Section is seeking abstracts for papers to be presented at the 2015 Annual Meeting in Washington, DC. The section program is entitled Emotions at Work: The Employment Relationship During an Age of Anxiety. The papers will be published in the Employee Rights and Employment Policy Journal, a multidisciplinary peer-reviewed journal published by ITT Chicago-Kent College of Law.

The program will focus on the emotional aspects of the employment relationship during uncertain economic times. Many individuals are currently experiencing a greater range and intensity of emotions at work, both as employees and as employers, due to heightened anxiety and pressures. Are these emotions in the workplace openly recognized and managed, and if so, how? In what ways should employment law or workplace policy address these concerns?

A panel of leading scholars already committed to present will provide a multidisciplinary perspective on these questions. We are seeking one additional speaker who will present on a relevant topic, and we particularly encourage new voices to submit a paper abstract.

The Labor Relations and Employment Law Section program will take place on Monday, January 5, 2015 from 10:30am to 12:15pm. The program is co-sponsored by the Section on Socio-Economics.

Please submit an abstract of no more than 400 words and a resume to Section Chair Rebecca Lee at rlee@tjsl.edu by September 1, 2014. Authors of selected abstracts will be notified before October 1, 2014.

Looks like a great opportunity and a good program.

MM

July 7, 2014 in Conferences & Colloquia, Faculty Presentations, Labor and Employment News, Scholarship, Workplace Trends | Permalink | Comments (0) | TrackBack (0)

Thursday, June 19, 2014

Call for Papers and Workshops: National Center for the Study of Collective Bargaining in Higher Education and the Professions

HunterThe National Center for the Study of Collective Bargaining in Higher Education and the Professions at Hunter College, CUNY invites scholars, practitioners and labor attorneys to submit abstracts for conference papers and proposed workshops for the National Center’s 42nd annual national conference.  The conference will be held  at the CUNY Graduate Center, New York, New York, April 19-21, 2015. The theme of next year’s conference will be: Thinking about Tomorrow: Collective Bargaining and Labor Relations in Higher Education.

The National Center seeks abstracts for conference papers related to the conference theme including the following topics:

  • Leadership in contract negotiations and labor relations
  • Public and private sector negotiations: distinctions and similarities
  • Collective bargaining issues and results for non-tenure track faculty
  • Academic freedom, due process and shared governance issues for adjunct faculty
  • Special issues and challenges in negotiating over graduate assistants
  • Approaches for ensuring faculty diversity and for responding to discrimination, harassment and retaliation issues

The Center also seeks proposals for interactive workshop trainings on the topics listed below.  Workshop proposals should include a description of planned interactive opportunities and learning outcomes.

  • Developing and implementing effective succession plans
  • Collective bargaining skills for new administrators and new union representatives
  • Tools and best practices for ensuring effective contract administration
  • Training, practices, and policies on bullying and harassment

Précis of proposed papers and workshop trainings should be submitted by October 17, 2014 to national.center@hunter.cuny.edu.

rb

June 19, 2014 in Conferences & Colloquia, Labor Law | Permalink | Comments (0) | TrackBack (0)

Thursday, June 12, 2014

Ninth Annual Colloquium Registration

WPBJust a friendly reminder from conference organizers, Melissa Hart and Scott Moss at the University of Colorado Law School, that the deadline to register to attend, and/or present a paper at, the 9th Annual Labor and Employment Scholars Colloquium is Friday, August 1, 2014.  The Colloquium is scheduled in Boulder between September 11-13, 2014.

 You can register and submit a paper proposal at this link:

 https//cuboulder.qualtrics.com/SE/?SID=SV_ehPf2AWQ7ihhqfz.

 Please direct any questions to Melissa Hart (Melissa.Hart@Colorado.EDU) or Scott Moss (Scott.Moss@Colorado.EDU).

MM

June 12, 2014 in About This Blog, Arbitration, Conferences & Colloquia, Disability, Employment Common Law, Employment Discrimination, Faculty Presentations, International & Comparative L.E.L., Labor Law, Pension and Benefits, Public Employment Law, Religion, Scholarship, Teaching, Wage & Hour, Worklife Issues, Workplace Safety, Workplace Trends | Permalink | Comments (0) | TrackBack (0)

Wednesday, May 28, 2014

Transnational Perspectives in Equality

AalslogoThe AALS is hosting a Workshop June 22-24 in Washington DC on Transnational Perspectives on Equality Law. The full program is here, and this is a summary:

Workshop on Transnational Perspectives on Equality Law

 

Sunday, June 22 - Tuesday, June 24, 2014

The Renaissance Mayflower Hotel

Washington, DC

 

REGISTER HERE!

 

Antidiscrimination law is an American invention that has spread all around the world.  During the American civil rights movement of the 1960s, antidiscrimination law promised radical social transformations towards equality for women and minorities in the workplace, in politics, and in education.  But recent developments in Equal Protection and Title VII doctrine have paralyzed this trajectory.  Meanwhile, the last decade has seen the unprecedented globalization of antidiscrimination law, as well as its expansion and alternative development outside the United States, catalyzed largely by the European Union's two directives in 2000, on race equality and on equal treatment in employment.  Over the last few years, a new body of equality law and policy experimentation has emerged not only in the EU and in European countries, but also in South Africa, Canada, Latin America, and Asia. There is a range of public policies adopted to mitigate the disadvantages of vulnerable groups such as racial, ethnic, and religious minorities, women, the disabled, the elderly, and the poor, constituting an "equality law" that goes beyond norms prohibiting discrimination.  

 

At the same time, antidiscrimination law in the United States seems to be changing. U.S. Supreme Court decisions over the last several years (Ricci v. DeStefanoParents Involved in Community Schools v. Seattle School DistrictWal-Mart v. Dukes, and Shelby County v. Holder) have signaled the end of antidiscrimination law as envisioned by the civil rights movement in the United States.  In response, there is growing scholarly interest in finding new approaches to the persistent problem of structural inequality.  Comparative reflection is a productive tool, particularly when energy and optimism surrounds the trajectory of antidiscrimination law and equality policy outside of the United States.  Now that there is over a decade's worth of new antidiscrimination activity in the EU countries following the 2000 equality directives, the time is ripe for scholarly reflection and evaluation of these developments. From an intellectual, practical, and strategic perspective, antidiscrimination scholars in the United States can no longer ignore developments in antidiscrimination law in other countries.

 

While a growing number of American legal scholars are lamenting the limits of antidiscrimination law, the recent growth of this body of law outside of the United States has largely gone unnoticed. The central purpose of this mid-year meeting is to widen the comparative lens on U.S. equality law - its failures, its achievements, and its potential - across a variety of subject areas.  The meeting will provide a unique and much-needed opportunity to bring together scholars from various fields - constitutional law, employment discrimination law, comparative law, comparative constitutional law, election law, education law - to deepen and enrich the scholarship and teaching of equality.   The meeting will also provide a unique opportunity for U.S. scholars to interact with a wide, varied, and stimulating group of antidiscrimination scholars working around the world.

 

Additionally, law schools are increasingly making their curricula more transnational and comparative.  This conference will assist teachers in integrating comparative perspectives to illuminate constitutional law, employment discrimination law, employment law, and other traditional subjects.

 

This Workshop will explore a number of critical questions including what is at stake in looking comparatively when doing equality law; how affirmative action is understood in other legal systems; understanding disparate impact, accommodation, and positive rights.  There will be discussions of religion, profiling, and equality and social movements.  Transnational perspectives on equality law will be a greater component of antidiscrimination scholarship going forward. This meeting should not be missed.

 

AALS Planning Committee for 2014 AALS Workshop on Transnational Perspectives for Equality Law

  • Timothy A. Canova, Nova Southeastern University Shepard Broad Law Center
  • Guy-Uriel E. Charles, Duke University School of Law, Chair
  • Richard T. Ford, Stanford Law School
  • Reva B. Siegel, Yale Law School
  • Julie C. Suk, Benjamin N. Cardozo School of Law Yeshiva University

 The program has a great lineup. Register by June 4 to get the early bird rate.

MM

May 28, 2014 in Conferences & Colloquia, Disability, Employment Discrimination, Faculty Presentations, International & Comparative L.E.L., Religion, Scholarship, Teaching | Permalink | Comments (0) | TrackBack (0)

Saturday, May 17, 2014

NYU Annual Conference on Labor

NYU LawNYU's 67th Annual Conference on Labor will be held June 5-6, 2014.  The topic this year is "Title VII of the Civil Rights Act After 50 Years."  As usual, there's a greet line up of speakers, which you can see in the full program.  The link also has info on registration.

-JH

 

 

May 17, 2014 in Conferences & Colloquia | Permalink | Comments (0) | TrackBack (0)

Thursday, April 24, 2014

Registration Open for the 9th Annual Colloquium on Labor and Employment Law at U. of Colorado

From conference organizers Scott Moss and Melissa Hart, at the University of Colorado Law school comes word that registration is open for the Ninth Annual Colloquium on Labor and Employment Law Scholarship. The dates will be September 11th to the 13th in Boulder. 

As many of you already know, this is a terrific opportunity to get to know colleagues in an informal setting and exchange ideas as we discuss works-in-progress. Past participants likely would agree that the friendly, low-key atmosphere and productive sessions, as well as the chance to socialize with our colleagues, make this gathering especially fun and valuable.

The Colloquium will follow the familiar format. We will workshop papers all day Friday through Saturday afternoon. Exact times TBD; check the event webpage for updates as the Colloquium approaches.

To register, click here.

MM

April 24, 2014 in Conferences & Colloquia, Disability, Employment Common Law, Employment Discrimination, Faculty Presentations, International & Comparative L.E.L., Labor Law, Labor/Employment History, Pension and Benefits, Public Employment Law, Religion, Scholarship, Wage & Hour, Worklife Issues, Workplace Safety, Workplace Trends | Permalink | Comments (0) | TrackBack (0)

Monday, April 21, 2014

Call for Proposals: Seton Hall Scholars' Forum

Ninth Annual Seton Hall Employment & Labor Law Scholars' Forum

Seton Hall Law School, Friday, October 24, 2014

Building on the successes of the last eight years, the Seton Hall Employment & Labor Law Scholars’ Forum will continue to provide junior scholars with commentary and critique by their more senior colleagues in the legal academy while offering senior scholars an opportunity to understand and appreciate new scholarly currents. 

For the Scholars’ Forum, three relatively junior scholars (untenured, newly tenured, or prospective professors) will be selected to present papers from among the proposals submitted. Selections will reflect a wide spectrum of sub-disciplines within the field of Employment and Labor Law.

The event will be held at Seton Hall Law School, Friday, October 24, 2014.  As is our tradition, leading senior scholars from the legal academy will provide commentary on each of the featured papers in an intimate and collegial atmosphere.  Seton Hall will pay transportation and accommodation expenses, and will host a dinner on Friday evening.  

Junior scholars are invited to submit paper proposals, 3-5 pages in length, by Friday, June 20, 2014.

Proposals should be submitted to:

Professor Charles Sullivan, Seton Hall Law School, One Newark Center, Newark, NJ 07102 or charles.sullivan@shu.edu. 

Electronic submissions are preferred. Papers will be selected to ensure a range of topics. Selected presenters must have a distribution draft available for circulation to other forum participants by September 26, 2014.

 CAS

April 21, 2014 in Conferences & Colloquia | Permalink | Comments (0) | TrackBack (0)

Wednesday, April 16, 2014

AALS Contracts Section Call for Proposals

AalsNancy Kim (California Western), chair of the AALS Contracts section sends along this call for proposals for the annual meeting which might be of interest to the many readers of the blog:

CALL FOR PROPOSALS

ASSOCIATION OF AMERICAN LAW SCHOOLS (AALS)
SECTION ON CONTRACTS
2015 ANNUAL MEETING
JANUARY 2-5, 2015

MIND THE GAP! – CONTRACTS, TECHNOLOGY AND LEGAL GAPS

The AALS Contracts Section solicits proposals for presentations at the Section’s Annual Meeting program, Mind the Gap! - Contracts, Technology and Legal Gaps, to be held in Washington, D.C. on January 2-January 5, 2015.

Technological innovation has created new challenges for the law. New technologies often create legal and ethical questions in areas such as privacy, employment, reproduction and intellectual property. Who owns the data collected by embedded medical devices? Can employers wipe departing employees’ phone data? To what extent are companies liable for harms created by their inventions, such as driverless cars?  Who owns crowd sourced content?

Courts and legislatures are often slow to respond to these issues. To fill this legal gap created by rapid advancements in technology, businesses and individuals attempt to reduce their risk and uncertainty through private ordering. They limit their liability and allocate rights through contractual provisions. Technology affects the way contracts are used as well. Employers may have employees agree to remote phone wiping policies in their employment agreement or through click wrap agreements that pop up when they connect to the network server. Through contracts, businesses establish norms that can be hard to undo. The norm of licensing instead of selling software, for example, was established through contract and has become entrenched as a business practice. The collection of online personal information through online contracts is another example.

The Section seeks two or three speakers to join our panel of invited experts to discuss how technology has affected the use of contracts. How have parties used contracts to address the risks created by technologies? In what ways have contracts been used to privately legislate in the gap created by technological advancements? What concerns are raised when private ordering is used to fill the legal gap created by technology? What are, or should be, the limits of consent and contracting where emerging technologies are involved?

Drafts and completed papers are welcome though not required, and must be accompanied by an abstract. Preference will be given to proposals that are substantially complete. Please indicate whether the paper has been published or accepted for publication (and if so, provide the anticipated or actual date of publication). There is no publication requirement, but preference will be given to papers that will not have been published by the date of the Annual Meeting.

We particularly encourage submissions from contracts scholars who have been active in the field for ten years or less, especially those who are pre-tenured, as well as more senior scholars whose work may not be widely known to members of the Contracts Section. We will give some preference to those who have not recently participated in the Section’s annual meeting program.

DEADLINE: August 15, 2014. Please e-mail an abstract or proposal to section chair, Nancy Kim (nsk@cwsl.edu) with “AALS Submission” in the title line by 5:00pm (Pacific Time) August 15, 2014. Submissions must be in Word or PDF format.

MM

April 16, 2014 in Conferences & Colloquia, Employment Common Law, Scholarship, Workplace Trends | Permalink | Comments (0) | TrackBack (0)

Monday, April 7, 2014

Second Call for Papers for the 2014 Marco Biagi Award

To stimulate scholarly activity and broaden academic interest in comparative labour and employment law, the International Association of Labour Law Journals announces a Call for Papers for the 2014 Marco Biagi Award. The award is named in honor of the late Marco Biagi, a distinguished labour lawyer, victim of terrorism because of his commitment to civil rights, and one of the founders of the Association. The Call is addressed to doctoral students, advanced professional students, and academic researchers in the early stage of their careers.

  1. The Call requests papers concerning comparative and/or international labour or employment law and employment relations, broadly conceived.  Research of an empirical nature within the Call’s purview is most welcome.
  2. Submissions will be evaluated by an academic jury to be appointed by the Association.
  3. Papers accepted by the jury will be assured publication in a member journal.
  4. Papers may be submitted preferably in English, but papers in French, or Spanish will also be accepted.  The final version should not significantly exceed 50,000 characters which is about twenty printed pages.
  5. The author or authors of the papers selected by the jury will be invited to present the work at the Association’s 2014 meeting in Dublin.  Efforts are being undertaken to attach an honarium and travel expenses for the presentation of the paper.  Until that effort bears fruit, however, the Association hopes that home institutional funds would be available to support the researcher’s presentation.
  6. The deadline for submission is April 30, 2014.  Submissions should be transmitted electronically to both Lavoro e diritto at lavoroediritto@unife.it andthe Comparative Labor Law & Policy Journal at willborn@unl.edu.

 

 The International Association of Labor Law Journals

Análisis Laboral, Peru

Arbeit und Recht, Germany

Australian Journal of Labor Law, Australia

Bulletin on Comparative Labour Relations, Belgium

Canadian Labour and Employment Law Journal, Canada

Comparative Labor Law & Policy Journal, USA

Diritti lavori mercati, Italy

Europäische Zeitschrift für Arbeitsrecht (EuZA), Germany

European Labour Law Journal, Belgium

Giornale di Diritto del lavoro e relazioni industriali, Italy

Industrial Law Journal, United Kingdom

Industrial Law Journal, South Africa

International Journal of Comparative Labour Law and Industrial Relations,  The Netherlands

International Labour Review, ILO

Japan Labor Review, Japan

Labour Society and Law, Israel

La Rivista Giuridica del Lavoro e della Previdenza Sociale – RGL, Italy

Lavoro e Diritto, Italy

Pécs Labor Law Review, Hungary

Relaciones Laborales, Spain

Revista de Derecho Social, Spain

Revue de Droit Comparé du Travail et de la Securité Sociale, France

Revue de Droit du Travail, France

Rivista giuridica del lavoro e della sicurezza sociale, Italy

Temas Laborales, Spain

Zeitschrift für ausländisches und internationales Arbeits- und Sozialrecht,  Germany

 

Prior Recipients of the Marco Biagi Award

 

2013   Aline Van Bever (University of Leuven, Belgium), The Fiduciary  Nature of the Employment Relationship

2012  Diego Marcelo Ledesma Iturbide (Buenos Aires University, Argentina), Una  propuesta para la reformulación de la conceptualización tradicional  de la relación de trabajo a partir del    relevamiento de su  especificidad jurídica

Special Commendation: Apoorva Sharma (NationalLawUniversity, Delhi, India), Towards an Effective Definition of Forced Labor 

2011   Beryl Ter Haar (Universiteit Leiden, the Netherlands), Attila Kun   (Károli Gáspár University, Hungary) & Manuel Antonio Garcia-Muñoz Alhambra (University of Castilla-La Mancha, Spain), Soft On The Inside; Hard For the Outside.An Analysis of the Legal Nature  of New Forms of International Labour Law 

Special Commendation: Mimi Zou (OxfordUniversity, Great Britain), Labour Relations With “Chinese  Characteristics”?  Chinese Labour Law at an Historic Crossroad

2010 Virginie Yanpelda, (Université de Douala, Cameroun), Travail décent et diversité des rapports de travail

Special Commendation:Marco Peruzzi (University of Verona, Italy),  Autonomy in the European social dialogue 

Association’s Award Prior to Naming as Marco Biagi Award

 

2009 Orsola Razzolini (Bocconi University, Italy), The Need to Go  Beyond the Contract:  “Economic” and “Bureaucratic”  Dependence in Personal Work Relations

CAS

  

April 7, 2014 in Conferences & Colloquia | Permalink | Comments (0) | TrackBack (0)

Tuesday, April 1, 2014

Fifth Annual Con Law Colloquium

ScotusFriend of the blog, Mike Zimmer (Loyola Chicago) sends along news that Loyola University Chicago School of Law is organizing its fifth annual constitutional law colloquium in Chicago this fall. The dates are Friday, November 7 and Saturday, November 8. Here are the details:

Fifth Annual Constitutional Law Colloquium

Friday, November 7th and Saturday, November 8th

Loyola University Chicago School of Law is organizing a Constitutional Law Colloquium at the Philip H. Corboy Law Center, 25 East Pearson Street, Chicago, IL 60611.

This will be the fifth annual Loyola constitutional law colloquium. Once again, we hope to attract constitutional law scholars at all stages of their professional careers to discuss current projects, doctrinal developments in constitutional law, and future goals. The conference will bring together scholars to discuss their works-in-progress concerning constitutional issues, such as, but not limited to Free Speech, Substantive Due Process, Equal Protection, Suffrage Rights and Campaign Finance, Process Oriented Constitutionalism, Constitutional Interpretation, Constitutional Theory, National Security and Constitutional Rights, Due Process Underpinnings of Criminal Procedure, Judicial Review, Executive Privilege, Suspect Classification, Free Exercise and Establishment of Religion, and Federalism. As in years past, we will provide many opportunities for the vetting of ideas and for informed critiques. Submissions will be liberally considered, but participation is by invitation only. Presentations will be grouped by subject matter.

Erwin Chemerinsky, Dean and Distinguished Professor of Law at the University of California-Irvine School of Law, will be the keynote speaker.

Titles and abstracts of papers should be submitted electronically to constitutionlaw@luc.edu no later than June 15, 2014.

The Law Center is located on Loyola's Water Tower campus, near Michigan Avenue's Magnificent Mile, Lake Michigan, Millennium Park, the Chicago Art Institute, and Chicago Symphony Center.

Participants’ home institutions are expected to pay for their own travel expenses. Loyola will provide facilities, meals, and support.

There are numerous reasonably priced hotels within walking distance of the Loyola School of Law and Chicago's Magnificent Mile.

Conference Organizers:

Professor Barry Sullivan, Cooney & Conway Chair in Advocacy, bsullivan7@luc.edu
Professor Alexander Tsesis, atsesis@luc.edu
Professor Michael Zimmer, mzimme4@luc.edu

Program Administrator:
Heather Figus, ConstitutionLaw@law.edu

Loyola Constitutional Law Faculty:
Professor Diane Geraghty, A. Kathleen Beazley Chair in Child Law
Professor Barry Sullivan, Cooney & Conway Chair in Advocacy
Professor Juan F. Perea
Professor Alan Raphael
Professor Allen Shoenberger
Professor Alexander Tsesis
Professor Michael Zimmer

Looks likea  great opportunity for those of us doing work at the intersection of labor, employment, and constitutional law.

MM

April 1, 2014 in Conferences & Colloquia, Disability, Employment Common Law, Employment Discrimination, Labor Law, Public Employment Law, Religion, Scholarship | Permalink | Comments (0) | TrackBack (0)

Monday, March 24, 2014

Report from Twelfth Marco Biagi Conference

Panel 1
L to R: Bill Roche (Univ. College Dublin); Avinash Govindjee (Nelson Mandela Metropolitan Univ.); Marius Olivier (Northwest Univ. Potchefstroom); Susan Bisom-Rapp (TJSL); Hèlio Zylberstajn (Univ. of São Paulo); Nikita Lyutov (Moscow State Univ.); Olga Chesalina (Max Planck Institute for Social Law and Social Policy).
William and Iacopo
L to R William Bromwich (Marco Biagi Foundation); Susan Bisom-Rapp (TJSL); Iacopo Senatori (Marco Biagi Foundation)

 

Friend of the blog Susan Bisom-Rapp (Thomas Jefferson) just returned from the Twelfth International Conference in Commemoration of Marco Biagi in Modena, Italy. Here is her report:

I spent my spring break in Modena, Italy, where every March since 2003, the Marco Biagi Foundation (MBF) at the University of Modena and Reggio Emilia has hosted an international conference devoted to international and comparative employment and labor relations.  I’ve attended the event annually since 2007, making this my eighthconsecutive year as a conference participant.  The conference was held on March 18th and 19th, with a pre-conference Young Scholars’ Workshop taking place on March 17th.

 

This year’s conference, “Labour and Social Rights: An Evolving Scenario,” centered on the challenges involved in providing employment-related social protection programs at a time when more and more people work outside of traditional employment relationships. (Social protection, loosely defined, consists of the programs that form the social safety net, including, among other things, unemployment insurance, job retraining efforts, workers’ compensation, disability insurance, and publically provided pensions.) Particular attention was given to the economic forces changing standard employment relationships, the values and interests that should be protected as new types of work emerge, and the theories and strategies that should anchor new forms of protection for working people. Participants addressed these issues from a number of disciplines including law, industrial relations, economics, and human resource management.

 

As an American, I was struck by the extent to which neoliberalism and austerity continue to drive public policy in many countries, especially in the EU. To the chagrin of many scholars at the conference, the quest for workplace “flexibility” has not abated despite the continuing labor market crisis, which manifests itself in elevated unemployment in many nations.  Similarly notable was the concern voiced by commentators about the rise in precarious work and the weakening power of trade unions. These problems are not new but they have been greatly exacerbated by the economic conditions beginning in 2008.  Clearly, we in the US are not alone.

 

On the upside, it is apparent that scholars are eager to theorize beyond the traditional, paradigmatic employment relationship with the goal of extending vital social security protections to greater numbers of people.  Rather than clear solutions, it seems we are in a period of complex problem-solving.  This requires patience and fortitude, as new models are posed and their utility evaluated.  Ultimately, however, this period of theorizing will come to nothing without political movements demanding change from elected representatives.  In the meanwhile, however, it’s possible to expand one’s thinking about the existing challenges through interaction with labor and employment scholars from other countries.

 

I was particularly pleased to see prominent US scholars in the program this year.  Trina Jones (Duke) gave an insightful paper on the contemporary challenges facing U.S. civil rights law.  Mike Zimmer (Loyola U., Chicago) and Michael Fischl (Connecticut) addressed different aspects of the challenges facing unions with the former suggesting ways in which transnational unionism might be enabled and the latter gleaning lessons from the way low wage union organizing campaigns have strategically deployed traditional labor law and non-labor law claims.

 

As for me, I served as chair for a panel titled “Social Dialogue and Labour Standards,” which covered six papers written by professors from six countries: Germany; Russia; South Africa; Ireland; Italy; and Brazil. The discussion on this panel was very diverse since the papers were on six very different subjects.  Even so, common themes were evident. The papers dealt with the way our understanding of what counts as ‘work’ is evolving and changing over time, as is our willingness to think about the rights and protections all people who work should be entitled to.Another theme that emerged from the panel was the variety of mechanisms that can be used to provide voice to the concerns of the most vulnerable workers.

 

In addition to chairing the panel, I helped organize and was a commentator at the MBF’s annual Young Scholars’ Workshop.  This was my third year of involvement with this portion of the annual conference events.  This year we heard and commented on papers from Ph.D. students from the U.K., the U.S., Italy, Hungary, and Spain. There were eight papers presented in all. Creating ties with the new generation of comparative scholars is one of the most exciting parts of the conference. The quality of the scholarly work they are doing is impressive.

 

Over time, the MBF has become my academic home-away-from-home. I have been privileged to serve on the Foundation’s International Council since 2009, and two weeks ago was appointed to the MBF’s Scientific Committee, the academic advisory board that advises the Foundation on all of its scholarly projects.  The Scientific Committee met in Modena during the conference to discuss and approve the theme for the Thirteenth International Conference in Commemoration of Marco Biagi.  The theme, tentatively stated, is: Employment Relations and Transformation of the Enterprise in the Global Economy.  Stay tuned for the call for papers.  I hope many of you will consider submitting a proposal.

Sounds like it was great, Susan. Thanks!

MM

March 24, 2014 in Conferences & Colloquia, International & Comparative L.E.L., International Contacts | Permalink | Comments (1) | TrackBack (0)

Sunday, March 2, 2014

LRRN Call for Papers: Amsterdam!

AmstLabour Law Research Network Conference
University of Amsterdam
25-27 June 2015

The Labour Law Research Network (LLRN), established in 2011, is comprised of 46 research centres from all over the world dedicated to the study of labour law. One of the objectives of the LLRN is to hold bi-annual international conferences that will be entirely academic (dedicated to the presentation and discussion of original papers); entirely about labour law (broadly conceived); and will allow cutting-edge topics to surface from the participating scholars themselves, in a non-hierarchical way.

Each conference is organised by a different research centre from among the LLRN members. The inaugural LLRN conference was held on June 2013 at Pompeu Fabra University in Barcelona. We are delighted to announce that the second LLRN Conference, to be held on June 25-27, 2015, will be organised by the Hugo Sinzheimer Institute (HSI) at the University of Amsterdam.

All the details are in this Call for Papers. Thanks to Guy Davidov for sending this along.

rb

March 2, 2014 in Conferences & Colloquia, Labor Law, Scholarship | Permalink | Comments (1) | TrackBack (0)