Monday, August 10, 2015

Seton Hall's Tenth Forum

The Tenth Annual
Seton Hall
Employment & Labor Law Scholars’ Forum
Friday, October 9, 2015

 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 10th annual Employment & Labor Law Scholars’ Forum on Friday, October 9, 2015. This year’s Forum will feature three presenters:

Naomi Sunshine
Acting Assistant Professor of Lawyering
New York University School of Law

Heather M. Whitney
Lecturer in Law and Bigelow Teaching Fellow
University of Chicago Law School

Sarah M. Stephens
Employment Attorney, Cox Automotive, Inc.

 The paper topics are:

Independent Contractor Drivers: Where Are We Heading?
Naomi Sunshine

Corporate Promises to be Good: An Institutional Solution
Heather M. Whitney

An Employer’s Conscience after Hobby Lobby and the Continuing Conflict
between Women’s Rights and Religious Freedom
Sarah M. Stephens

Comment and critique will be provided by the following scholars:

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
Michael C. Harper, Barreca Labor Relations Scholar Professor of Law,
              Boston University School of Law
Joseph Slater, Eugene N. Balk Professor of Law and Values
              University of Toledo College of Law
Charles A. Sullivan, Professor of Law, Seton Hall University School of Law
Michael J. Zimmer, Professor of Law, Loyola University of Chicago School of Law



August 10, 2015 in Conferences & Colloquia | Permalink | Comments (0)

Monday, July 20, 2015

Deadline Approaching for the 10th Annual Colloquium

If you are planning to attend the annual Colloquium on Scholarship in Employment and Labor Law (COSELL), please remember to register. This conference, now in its tenth year, brings together labor and employment law professors from across the country. It offers participants the opportunity to present works-in-progress to a friendly and knowledgeable audience. It will be held at Indiana University Maurer School of Law, Sept. 11-12, 2015, in Bloomington, Indiana.

More information and links to register are available at: registration deadline is August 1.


July 20, 2015 in Conferences & Colloquia, Faculty Presentations, Teaching | Permalink | Comments (0)

Tuesday, May 26, 2015

LawAsia Employment Conference 2015

LawasiaOn the heels of Jeff's announcement of international labor conferences, Bernard Banks (Keily Thompson, New Zealand) writes to tell us of the LawAsia Employment Conference that will be held in Hanoi on 14 -15 August 2015. Here are the details:

The theme of the Hanoi conference  is: Free Trade Agreements and Trans National Employment –Legal Implications, and following the formal opening and keynote address there will be seven business sessions provisionally entitled: employment impacts of  FTAs –a regional overview;  immigration issues in trans  national employment;  minimum terms and conditions –employment obligations in host countries; liability for workplace injuries to trans national employees –issues and case studies;  cross border taxation issues for employers and employees; liability for actions  in host countries – employee obligations and employer liability;  and a concluding panel discussion and forum including an international round up of FTA employment  issues and contributions from delegates. We are in close liaison with the Vietnam Bar Federation which has  a co-hosting role.


May 26, 2015 in Conferences & Colloquia, International & Comparative L.E.L., Scholarship | Permalink | Comments (0)

Friday, May 22, 2015

International Labor Law Conferences

GLobeThere are two international labor and employment law conferences coming up in the next month or so.  First up is the second Labor Law Research Network conference in Amsterdam, from June 25-27, 2015.  You can see the program here.

The International Society for Labour and Social Security Law is also holding its second conference, in Venice from June 30-July 9, 2015.  You can see the program here.



May 22, 2015 in Conferences & Colloquia | Permalink | Comments (0)

Thursday, May 21, 2015

The 2015 Marco Biagi Award

The winner of the 2015 Marco Biagi Award is Uladzislau Belavusau (Vrije Universiteit Amsterdam, the Netherlands) for a paper entitled A Penalty Card for Homophobia from EU Labor Law: Comment on Asociaţia ACCEPT (C-81/12). In the paper, the author provides a detailed analysis of Asociaţia ACCEPT, an important case from the Court of Justice of the European Union on sexual orientation discrimination. The Court held (1) that an employer could be found liable for the discriminatory statement of a person who is publicly perceived as playing a leading role for the employer, even though the person does not have the legal capacity to bind the employer and (2) that national rules prohibiting such discrimination must be effective, proportionate, and dissuasive. Professor Belavusau evaluates the case as an example of cause lawyering that could be used as a model of legal mobilization for LGBT advocates and for other social movements.

 The International Association of Labor Law Journals sponsors the Marco Biagi Award in honor of one of the founders of the Association: Marco Biagi, a distinguished labor lawyer and a victim of terrorism because of his commitment to social justice. A list of the member journals of the International Association can be found at

This year’s winner was chosen by an academic jury composed of Frank Hendrickx (Belgium), Alan Neal (UK), and György Kiss (Hungary).

Prior winners of the Marco Biagi Award were:

2014    Lilach Lurie (Bar-Ilan University, Israel), Do Unions Promote Gender Equality?

 Specially Noted  ̶   Isabelle Martin (University of Montreal, Canada), Corporate Social Rsponsibility as Work Law? A Critical Assessment in the Light of the Principle of Human Dignity

 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

 Specially Noted  ̶  Apoorva Sharma (National Law University, 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  

Specially Noted  ̶  Mimi Zou (Oxford University, 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

 Specially Noted  ̶  Marco Peruzzi (University of Verona, Italy), Autonomy in the European social dialogue.

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





May 21, 2015 in Beltway Developments, Conferences & Colloquia | Permalink | Comments (0)

Thursday, April 30, 2015

Call for Papers: Marco Biagi Foundation

Susan Bisom-Rapp (Thomas Jefferson) sends along the annual call for papers for the 14thInternational Conference in Commemoration of Professor Marco Biagi and the Fifth Young Scholars’ Workshop in Labour Relations.  The theme of the 2016 conference is Well Being At and Through Work, a topic that could not be more timely given the lingering effects of the global economic crisis on working people.  In addition, in connection with the Young Scholars’ Workshop, this year the Foundation is awarding a Marco Biagi Prize, which will allow the author of the best paper to take up a three-month residence at the Foundation and comes with a prize of 3500 euros. 

For more details, see the Conference call for papers, Download Marco Biagi Conference 2016, and the Young Scholars call for papers,  Download Call YSW 2016.


April 30, 2015 in Conferences & Colloquia, Faculty Presentations, International & Comparative L.E.L., Scholarship | Permalink | Comments (0)

Wednesday, April 29, 2015

Harris on Department of Labor Performance

Seth-HarrisSeth Harris, Distinguished Scholar at Cornell's ILR School, has just posted on SSRN his article, Managing for Social Change: Improving Labor Department Performance in a Partisan Era, which will appear in the West Virginia Law Review.  The abstract:

This article tells the story of the successful effort to turn around the Labor Department’s performance during the first five years of the Obama Administration. The Labor Department leadership team, largely chosen for its policy expertise rather than any management experience, used common-sense performance measurement and management to improve workers’ lives and the nation’s economy. The article critiques the two principal laws that purport to structure and guide the executive branch’s performance planning and explains how the Labor Department succeeded in improving its performance despite these laws and Congress’ lack of interest in implementing them or holding agencies accountable for compliance or good performance. The article also offers a reform agenda for improving federal government performance both through congressional action and activist stakeholder engagement.

I saw Seth present this paper at a West Virginia University Symposium, and it was really interesting.  That's right, it's about managerial performance measures and it was really interesting.  Don't believe me?  Read the article.



April 29, 2015 in Conferences & Colloquia, Labor and Employment News, Labor Law | Permalink | Comments (0)

Tuesday, April 28, 2015

Tenth Annual Colloquium Registration Open

WPBDeborah Widiss (Indiana) has good news to share:

The annual Colloquium on Scholarship in Employment and Labor Law (COSELL) will be held at Indiana University Maurer School of Law, Sept. 11-12, 2015, in Bloomington, Indiana. This conference, now in its tenth year, brings together labor and employment law professors from across the country. It offers participants the opportunity to present works-in-progress to a friendly and knowledgeable audience.

 Registration is now open at:

 If you’re planning to come, please go ahead and register now; you can fill in details about the project you will present later in the summer.

 The conference is free, and we will provide all meals during the conference. Travel & hotel information is found on the website.

 Please feel free to contact any of us with questions.

 We will look forward to hosting you in Bloomington!


April 28, 2015 in About This Blog, Conferences & Colloquia, Disability, Employment Common Law, Employment Discrimination, Faculty News, Faculty Presentations, International & Comparative L.E.L., Labor Law, Labor/Employment History, Pension and Benefits, Public Employment Law, Religion, Scholarship, Teaching, Wage & Hour, Worklife Issues, Workplace Safety, Workplace Trends | Permalink | Comments (0)

Tuesday, April 7, 2015

Emory NLRB Symposium

Emory LRevThis Friday, the Emory Law Review will host a symposium, The National Labor Relations Board After Eighty Years.  The lineup, present company excluded, is impressive and includes all current NLRB members (plus a former Chairman) and the current NLRB General Counsel.  In addition, several of the top labor academics will be presenting.  As I can personally attest, the law review has already been working hard on getting the symposium issue ready for publication, so it should be out relatively soon.

Here's the symposium description, which appropriately gives thanks to Michael Green, who--in addition to the law review members--put this entire symposium together:

The Emory Law Journal is pleased to present a special symposium the Journal has put together with the invaluable assistance of Professor Michael Z. Green of the Texas A&M University School of Law. Our symposium will address the continued viability of the National Labor Relations Board as an administrative agency at the dawn of its eightieth anniversary. The decisions and actions of the Board have drawn increased scrutiny in the modern era, and even more so in the wake of President Obama's efforts to ensure the Board was comprised of a full contingent of members. But even before President Obama was elected, because the Board primarily develops its rules through adjudications its decisions have become quite controversial, no doubt in part as a result from the lack of legislative changes to guide the agency's actions over the past forty years. The NLRB’s effectiveness as it reaches its eightieth anniversary in 2015 represents an important legal question and a major concern for all those interested in labor law. This Symposium will assemble some of the most prominent labor law scholars in the country along with the NLRB Chairman and NLRB General Counsel and other members of the NLRB to assess the role of the Board today, what actions Congress may take with respect to the Board, and what the future of the Board might be. Specifically, our symposium will feature three panels, highlighted below.

The schedule:

Assessing the NLRB's Impact & Political Effectiveness

Charlotte Garden, Seattle University School of Law, “A Shot Across the Bow”: Politics and the Obama Board
Julius Getman, University of Texas School of Law, The NLRB, What Went Wrong, and Should We Try to Fix It?
William B. Gould IV, Stanford Law School, Politics and the Effect on the NLRB’s Adjudicative Process
Theodore St. Antoine, University of Michigan Law School, The NLRB’s Role Vis-à-Vis Courts

A Conversation with NLRB Members & General Counsel

ModeratorProfessor Charles A. Shanor
Mark Gaston Pearce, Chairman
Richard F. Griffin, Jr., General Counsel
Kent Y. Hirozawa, Member
Harry I. Johnson, III, Member
Lauren McFerran, Member
Philip A. Miscimarra, Member

Opportunities for Improvement in Changing Times

Kenneth G. Dau-Schmidt, Maurer School of Law, Indiana University, Labor Law 2.0: The Impact of the New Information Technology on the Employment Relationship and the Relevance of the NLRA
Samuel Estreicher, NYU School of Law, Towards a Depoliticization of the NLRB: Administrative Steps
Michael Z. Green, Texas A&M University School of Law, Expanding Protections in the Non-Union Workplace: The New Age of the NLRB

Jeffrey Hirsch, UNC School of Law, NLRB Elections: Ambush or Anticlimax?


April 7, 2015 in Conferences & Colloquia, Labor Law | Permalink | Comments (0) | TrackBack (0)

Sunday, February 22, 2015

Ohio State Symposium

The Ohio State Law Journal has just published a symposium on employment discrimination and torts, organized by Martha Chamallas and Sandra Sperino who, in addition to their own interesting pieces, provide an enlightening introduction. It's Volume 75, Number 6, but here are the titles and links:

Martha Chamallas & Sandra F. SperinoTorts and Civil Rights Law: Migration and Conflict: Symposium Introduction, 75 Ohio St. L.J. 1021 (2014).

William R. CorbettWhat is Troubling About the Tortification of Employment Discrimination Law?, 75 Ohio St. L.J. 1027 (2014).

Charles A. Sullivan, Is There Madness to the Method?: Torts and Other Influences on Employment Discrimination Law, 75 Ohio St. L.J. 1079 (2014).

Sandra F. Sperino, Let’s Pretend Discrimination Is a Tort, 75 Ohio St. L.J. 1107 (2014).

W. Jonathan CardiThe Role of Negligence Duty Analysis in Employment Discrimination Cases, 75 Ohio St. L.J. 1129 (2014).

Maria L. Ontiveros, The Fundamental Nature of Title VII, 75 Ohio St. L.J. 1165 (2014).

Catherine E. SmithLooking to Torts: Exploring the Risks of Workplace Discrimination, 75 Ohio St. L.J. 1207 (2014).

Ifeoma AnjunwaGenetic Testing Meets Big Data: Tort and Contract Law Issues, 75 Ohio St. L.J. 1225 (2014).

Laura RothsteinDisability Discrimination Statutes or Tort Law: Which Provides the Best Means to Ensure an Accessible Environment?, 75 Ohio St. L.J. 1263 (2014).

Martha ChamallasTwo Very Different Stories: Vicarious Liability Under Tort and Title VII Law, 75 Ohio St. L.J. 1315 (2014).

L. Camille HebertConceptualizing Sexual Harassment in the Workplace as a Dignitary Tort, 75 Ohio St. L.J. 1345 (2014).

Deborah L. BrakeTortifying Retaliation: Protected Activity at the Intersection of Fault, Duty, and Causation, 75 Ohio St. L.J. 1375 (2014).



February 22, 2015 in Conferences & Colloquia | Permalink | Comments (0) | TrackBack (0)

Wednesday, January 28, 2015

Thirteenth Annual Biagi Conference

    The Thirteenth International Conference in Commemoration of Professor Marco Biagi will take place on March 19 – 20, 2015.  This year’s conference theme is Employment Relations and Transformation of the Enterprise in the Global Economy.”  This annual conference is organized by the Marco Biagi Foundation at the University of Modena and Reggio Emilia, Italy.    The Conference will be preceded on March 18th by the Young Scholars’ Workshop in Labour Relations, also organized and hosted  by the Marco Biagi Foundation.  The Conference and Workshop programs are here.


--Sachin Pandya


Hat tip:  Susan Bisom-Rapp.  Susan is both a Conference and Workshop participant and serves on the Marco Biagi Foundation’s scientific committee and international council.  She tells us that this will be her ninth consecutive year attending the event.

January 28, 2015 in Conferences & Colloquia, International & Comparative L.E.L. | Permalink | Comments (0) | TrackBack (0)

Monday, January 12, 2015

21st World Congress in South Africa

International Society for Labour & Social Security Law

Capetown, South Africa,  Sept. 15-18, 2015

More information here, but discounted early bird registration ends on January 31st, so if you're interested, act soon. 

Hat tip to Steve Willborn




January 12, 2015 in Conferences & Colloquia | Permalink | Comments (0) | TrackBack (0)

Saturday, December 6, 2014

LawAsia Employment Conference

LaBernard Banks (Kiely Thompson Caisley - New Zealand) informs us that the annual LawAsia Employment Conference (which he chairs) will be held May 15-16, 2015 in Ho Chi Minh City, Vietnam. If you are interested in presenting, contact Bernard. I attended this last year, and through the conference ended up collaborating with labor/employment practitioners from all over the world on an article (forthcoming Arizona J. Int'l & Comparative L.) on labor outsourcing. The conference is a great opportunity to see labor/employment issues from myriad perspectives, and to meet labor/employment folks from everywhere. If you're interested, let me know and I'll be happy talk with you.


December 6, 2014 in Conferences & Colloquia, International & Comparative L.E.L. | Permalink | Comments (0) | TrackBack (0)

Thursday, December 4, 2014

International Labor Law Conferences

ILOColin Fenwick, a former faculty member at The University of Melbourne and current Labour Law Specialist with the ILO, writes us about two labor conferences in summer 2015.  They are:

  • The Conference of the Regulating for Decent Work Network, in July 2015, in Geneva.  The topic will explore "Developing and Implementing policies for a Better Future at Work."
  • The Labour Law Research Network Conference in June 2015, in Amsterdam.  I attended the inaugual LLRN conference in Barcelona, which was quite interesting.

They both look really interesting, so definitely worth checking out.


December 4, 2014 in Conferences & Colloquia | Permalink | Comments (1) | TrackBack (0)

Higher Education Conference and Archives

HunterBill Herbert writes to inform us about a couple of announcements from the The National Center for the Study of Collective Bargaining in Higher Education and the Professions.  The first is the Center's 42nd Annual Conference, at the CUNY Graduate Center in NYC, from April 19-21, 2015.  The topic is "Thinking about Tomorrow: Collective bargaining and Labor Relations in Higher Education.  As you can see from the conference website, there is an impressive list of panels and speakers.

Also, the Center has made available online all of its bimonthly newsletters from 1973-2000.  The website containing the archive notes:

Between 1973 and 2000, the National Center published a bimonthly newsletter with contributions from directors and newsletter editors Maurice Benewitz, Thomas Mannix, Theodore H. Lang, Aaron Levenstein, Joel M. Douglas, Frank R. Annunziato and Beth H. Johnson. In addition, issues of the newsletter included contributions by other scholars including Clark Kerr, Fred Lane, Clara Lovett, Stephen Joel Trachtenberg, Myron Lieberman, Irwin Polishook, Matthew Finkin, Richard W. Hurd and Richard Chait.

Over its 27 year publication history, the newsletter contained articles, analysis and data on subjects that continue to be topical in higher education and the professions including: the impact of the Supreme Court’s Yeshiva University decision, the organizing and representation of adjunct faculty and graduate students, academic freedom and tenure, shared governance, discrimination and faculty strikes. The final issue of the newsletter appeared in 2000 with excerpts of a speech given by then AFL-CIO President John J. Sweeney at the National Center’s 28th annual conference as the first annual Albert Shanker Lecture.


December 4, 2014 in Conferences & Colloquia, Labor and Employment News, Labor Law, Scholarship | Permalink | Comments (0) | TrackBack (0)

Wednesday, December 3, 2014

Call for Papers: Thirteenth Amendment, Class, and Labor

Scholarly writingRebecca Zietlow (Toledo) sends along this call for papers: 

Call for Papers

Sesquicentennial Conference:

The Thirteenth Amendment through the Lens of Class and Labor

Approaching the 150th anniversary of the Thirteenth Amendment, we find ourselves in a period of heightened concern about issues of economic inequality. If any provision of the United States Constitution speaks to those issues, it is the Thirteenth Amendment. The Amendment’s proponents maintained that it established “freedom” and a “free labor system,” a view eventually accepted by the U.S. Supreme Court. Beginning after the turn of the millennium, Congress has drawn on the Amendment to support legislation outlawing the “new slavery,” including – for the first time – forms of labor control other than physical force or legal compulsion. Conversely, state governments have cited
the Amendment’s punishment clause to justify forced labor by prisoners in a rapidly growing archipelago of private prisons and prison industries.

Paper proposals should focus on the Thirteenth Amendment and include class or labor as an important theme. Proposals addressing the relations (including relative priorities) and intersections of race, gender, and sexual orientation with class or labor are strongly encouraged. Proposals should be e-mailed to by January 10, 2015. We anticipate that the papers will be published in a law review symposium issue.

The Thirteenth Amendment Through The Lens of Class and Labor Conference is sponsored by the Fred T. Korematsu Center for Law and Equality at the Seattle University School of Law, the Seattle University School of Law, and the University of Washington School of Law. The conference will be held at the Seattle University School of Law on May 31- June 1, 2015, immediately following the annual meeting of the Law & Society Association.

Planning Committee for the Sesquicentennial Conference on the Thirteenth Amendment through the Lens of Class and Labor:

Charlotte Garden (Seattle University School of Law)

Darrell A.H. Miller (Duke University School of Law)

Maria Linda Ontiveros (University of San Francisco School of Law)

James Gray Pope (Rutgers University School of Law)

Aviam Soifer (William S. Richardson School of Law)

Lea VanderVelde (University of Iowa College of Law)

Ahmed White (University of Colorado School of Law)

Rebecca E. Zietlow (University of Toledo College of Law)

Looks like a great opportunity.


December 3, 2014 in Conferences & Colloquia, Faculty Presentations, Labor/Employment History, Scholarship | Permalink | Comments (0) | TrackBack (0)

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.  


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: 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 is accepting proposals for panels or discussion groups for the 2015 meeting which will be held at the Boca Raton Resort & Club  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.


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:  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.



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:


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

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  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


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