Tuesday, October 27, 2015
Kate Griffith (Cornell ILR School) writes to tell us about the ILR Review's call for papers, which is focusing on immigrant legalization. The info:
ILR REVIEW: CALL FOR PAPERS
The Impact of Immigrant Legalization Initiatives:International Perspectives
The ILR Review [http://ilr.sagepub.com/] is calling for papers for a special issue on the impact of immigrant legalization initiatives. We seek innovative international and U.S.-sited research from a broad array of disciplines––including sociology, political science, economics, industrial relations, and law––that advances our understanding of the processes, outcomes, and policy implications of different approaches to the regularization of unauthorized immigrants. Submitted abstracts may reflect a range of methodologies, including surveys, qualitative or quantitative fieldwork, experiments, or the use of historical/archival data. The guest editors of this special issue are Maria Lorena Cook (firstname.lastname@example.org), Shannon Gleeson (email@example.com), Kate Griffith (firstname.lastname@example.org), and Lawrence Kahn (email@example.com).Prospective contributors are encouraged to consult any of the guest editors regarding preliminary proposals or ideas for papers.
The legalization, or regularization, of unauthorized immigrants has become an important and contentious policy issue in the United States and in countries around the world. While the United States is fairly unique in its long periods of legislative inaction regarding unauthorized immigrants, policies in other countries present a range of responses. In Europe, several countries have enacted periodic mass regularization programs or have provided for ongoing adjustment of status on a case-by-case basis. Traditional immigrant-sending countries in South America and Africa have recently instituted legalization programs as they become immigrant-destination countries as well. In the United States, temporary legalization measures, such as the Deferred Action for Childhood Arrivals (DACA), provide further examples of limited deportation relief and work authorization.
These legalization initiatives around the world raise a number of questions. What are the impacts of regularization programs on immigrant workers, their families, and the communities in which they live? How does acquisition of legal status affect immigrants’ workplace conditions (health and safety, employment, wages, occupational mobility)? How do legalization programs affect the work and employment conditions of those who are excluded from such programs or who do not participate and retain their unauthorized immigration status? How does loss of legal status affect workers and their families?
This special issue of the ILR Review will be among the first to examine the impact of legalization initiatives on immigrant workers across the globe. We are interested in the effects of legalization programs on the working lives of unauthorized immigrants, as well as those in temporary legal statuses, and of unauthorized immigrants who remain outside the scope of these initiatives. We invite papers that analyze different worker outcomes: labor force participation, employment, wages, workplace health and safety, discrimination, organization, social and occupational mobility, and rights mobilization, among others. We are especially keen to receive papers that address these issues in Asia, Africa, Latin America, Europe, and the Middle East, as well as papers that compare national origin groups within a country or legalization initiatives and their impacts across countries or over time. Suggested topics include, but are not limited to, the following.
- Comparative impact of legalization programs. How do the structures of legalization programs affect employer practices and worker outcomes (employment, wages, working conditions, organization, access to legal protections)? What can we learn from different national and regional models of labor integration?Does the legal status “bump”––the gap between authorized and unauthorized workers––look different from place to place?
- Comparative impact of legal status. How have different categories of legal status––including temporary and liminal legality––shaped worker outcomes and the well-being of families and communities? Do guest worker and other temporary programs necessarily produce better outcomes relative to those of unauthorized individuals? What are the lasting impacts, if any, of unauthorized status for workers? Does legal status matter more for some outcomes and processes than others? How does legal status intersect with other attributes and identities (race, ethnicity, national origin, gender, sexuality) to shape worker outcomes?
- Immigration enforcement impact. How do changes in immigration regimes affect a national labor force over time? How have increases in deportations affected worker outcomes? How have sub-national (region, state, province, municipality) immigration enforcement policies affected unauthorized workers? To what extent do changes in immigration law affect workers’ rights enforcement efforts?
- Legal mobilization and worker rights. What is the relationship between immigration status and workers’ willingness to demand, either individually or collectively, improved working conditions? How do changes in immigration status affect workers’ willingness to confront employers, speak to coworkers, or pursue formal channels of restitution when their rights are violated? How does immigration status affect workers’ willingness to participate in organizing efforts, including but not limited to union activity?
Anticipated Timeline: Prospective contributors should submit a detailed abstract of their research to firstname.lastname@example.org no later than January 31, 2016. The abstracts should include the research question(s), theoretical argument, contribution to the literature, detailed methodology, and anticipated empirical findings. The editors will review the abstracts and invite selected contributors by March 31, 2016. Full papers will be due by September 15, 2016. All papers will undergo the normal peer review process.
Tuesday, October 20, 2015
The AALS L&E Sections are seeking info for the joint newsletter--please send it in soon! The same goes for those interested in case briefs.
We are reaching out once again to request information for our joint annual newsletter for the AALS Section on Employment Discrimination and the Section on Labor Relations and Employment Law. Please forward this message to any and all people you know who teach or write in the Employment Discrimination, Labor Law, and Employment Law fields.
First, if you have news of any faculty visits, lateral moves, entry-level hires, or promotions and tenure, please e-mail that news to Danielle Weatherby at email@example.com.
Second, please also e-mail Danielle Weatherby with any information about conference announcements and calls for papers, employment or fellowship opportunities, honors and awards, and reports on recent conferences or other events of interest to the two Sections’ members.
Third, we want to include a list of relevant employment or labor law-related publications published in 2015. Please hold your forthcoming 2016 publications for next year’s newsletter. These publications can be books, articles, and chapters. Please also send a list of your 2015 publications to Danielle Weatherby.
Fourth and finally, we want to solicit anyone who would be interested in writing a brief description (no more than a page or two) of a recent important labor and employment case or any significant new labor or employment legislation. Your subject could be a recent Supreme Court decision (including Young v. UPS, Inc., EEOC v. Abercrombie and Fitch, or the granting of cert. in Friedrichs v. California Teachers Association), a significant circuit court decision or emerging circuit split, a state supreme court decision, or an innovative and potentially influential new federal, state, or local law. The description should be fairly short. If you're looking for an easy way to get your name out there or want a quick outlet for your ruminations about a case or new law, this could be a good opportunity, as the newsletter is widely circulated. Just let us know what you are interested in writing about. Please send your submissions to Naomi Schoenbaum at firstname.lastname@example.org.
Please send all submissions by November 1, 2015.
Thank you very much for your help!
Danielle Weatherby & Naomi Schoenbaum
Wednesday, October 14, 2015
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 2016 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 (that is, with no more than three years of post-doctoral or teaching experience).
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. Submitted papers should include an abstract.
3. The paper chosen as the winner of the award will be assured publication in a member journal, subject to any revisions requested by that journal.
4. Papers may be submitted preferably in English, but papers in French or Spanish will also be accepted. The maximum length is in the range of 12,500 words, including footnotes and appendices. Substantially longer papers will not be considered.
5. The author or authors of the paper chosen as the winner of the award will be invited to present the work at the Association’s 2016 meeting which is to be announced soon on the website of the Association. Efforts are being undertaken to provide 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 31 March 2016. Submissions should be sent electronically in Microsoft Word both to Lavoro e diritto at email@example.com andto Frank Hendrickx, the President of the Association, at Frank.Hendrickx@law.kuleuven.be.
CAS, h/t to Steve Willborn
Monday, August 10, 2015
The Tenth Annual
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:
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?
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
Monday, July 20, 2015
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: http://www.law.indiana.edu/cosell. The registration deadline is August 1.
Tuesday, May 26, 2015
On 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.
Friday, May 22, 2015
There 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.
Thursday, May 21, 2015
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 http://www.labourlawjournals.com.
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
Thursday, April 30, 2015
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.
Wednesday, April 29, 2015
Seth 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:
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.
Tuesday, April 28, 2015
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: http://www.law.indiana.edu/cosell.
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
This 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.
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
Moderator: Professor 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?
Sunday, February 22, 2015
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. Sperino, Torts and Civil Rights Law: Migration and Conflict: Symposium Introduction, 75 Ohio St. L.J. 1021 (2014).
William R. Corbett, What 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 Cardi, The 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. Smith, Looking to Torts: Exploring the Risks of Workplace Discrimination, 75 Ohio St. L.J. 1207 (2014).
Ifeoma Anjunwa, Genetic Testing Meets Big Data: Tort and Contract Law Issues, 75 Ohio St. L.J. 1225 (2014).
Laura Rothstein, Disability Discrimination Statutes or Tort Law: Which Provides the Best Means to Ensure an Accessible Environment?, 75 Ohio St. L.J. 1263 (2014).
Martha Chamallas, Two Very Different Stories: Vicarious Liability Under Tort and Title VII Law, 75 Ohio St. L.J. 1315 (2014).
L. Camille Hebert, Conceptualizing Sexual Harassment in the Workplace as a Dignitary Tort, 75 Ohio St. L.J. 1345 (2014).
Deborah L. Brake, Tortifying Retaliation: Protected Activity at the Intersection of Fault, Duty, and Causation, 75 Ohio St. L.J. 1375 (2014).
Wednesday, January 28, 2015
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.
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.
Monday, January 12, 2015
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
Saturday, December 6, 2014
Bernard 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.
Thursday, December 4, 2014
- 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.
Bill 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.
Wednesday, December 3, 2014
Call for Papers
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 Rebecca.firstname.lastname@example.org 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.
Thursday, November 27, 2014
As 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.