Wednesday, August 9, 2017

Bisom-Rapp, Bodie Cited in WSJ Article Re: Fired Google Engineer

GYesterday, Jeff posted on Google Engineer Files NLRB Complaint Regarding Post-Memo Termination. Today's Wall Street Journal quotes Susan Bisom-Rapp (TJSL) and Matt Bodie (SLU) extensively on the viability of the engineer's claims. Here's an excerpt:

Thomas Jefferson School of Law Prof. Susan Bisom-Rapp, who researches employment discrimination law, said while she disagreed with Mr. Damore’s views, she could envision potential legal arguments he could make to invoke the NLRA.

That Mr. Damore’s letter doesn’t appear to be drafted in concert with other Google employees doesn’t in itself mean the law cannot be invoked. Protections can be triggered by a single employee trying to rally colleagues around a wider workplace issue.

Mr. Damore could try to argue that he’s “protected in expressing himself in an effort to engage in dialogue with co-workers about Google’s diversity efforts,” said Prof. Bisom-Rapp.

However, “an employee gripe or complaint standing alone, without that call to fellow employees to gather together, is not enough,” said Julie Totten, an employment defense lawyer with Orrick, Herrington & Sutcliffe LLP in Sacramento.

Labor law also forbids employers from firing a worker for alleging an unfair labor practice, making the timing of Mr. Damore’s formal complaint potentially relevant in a legal dispute, said Prof. Bisom-Rapp.

Legal experts said federal antidiscrimination law could offer Mr. Damore another possible, albeit narrow, legal avenue. His memo suggested Google is engaging in reverse discrimination, citing “special treatment for ’diversity’ candidates.” Title VII of the 1964 Civil Rights Act bans employers from retaliating against workers for complaining about unlawful workplace discrimination.

“You would have to show what Google is doing is illegal. That would be difficult,” said Prof. Matt Bodie, an employment law scholar at Saint Louis University Law School and a former NLRB field attorney.

The NLRB generally doesn’t impose remedies beyond reinstatement of employment and back pay, Mr. Bodie said.

The full WSJ article is available at Jacob Gershman & Sara Randazzo, Fired Engineer Likely to Face Obstacles in Challenging Google, WSJ 8/9/17.

August 9, 2017 in Employment Discrimination, Faculty News, Labor Law | Permalink | Comments (1)

Friday, June 2, 2017

Gely Receives NAA Petersen Award

Gely-RafaelCongratulations to Rafael Gely (Missouri-Columbia),  who just received the David Petersen Award from the National Academy of Arbitrators.  In addition to all his labor/employment work, Rafael directs Missouri-Columbia's Center for the Study of Dispute Resolution.  He also is the founder of Workplace Prof Blog -- he created the blog and then handed it off to me way back when he was at Cincinnati. Here’s the announcement of the award, which is extremely well deserved:

The National Academy of Arbitrators conferred upon Rafael Gely the David Petersen Award at its annual meeting in Chicago, Illinois. The David Petersen Award recognizes and honors individuals who have given invaluable service to the Academy.

The Academy conferred the Petersen Award because of Professor Gely’s instrumental role in the startup and continual maintenance of arbitrationinfo.com, the neutral website which is a joint venture of the National Academy of Arbitrators and the University of Missouri School of Law.  Through Professor Gely’s work as an editor of the site, he has written content on a regular basis, designed and updated the site, supervised student assistants, and crucially connected with journals both before and after articles are written.  The Academy notes the creation of the website provided a source of information and education regarding arbitration for journalists, professionals, and the public. The Academy believes that the website has immeasurably improved the discourse and understanding of labor and employment arbitration in both United States and Canada.

rb

June 2, 2017 in Arbitration, Faculty News | Permalink | Comments (2)

Tuesday, May 30, 2017

Columbia Law School Age Discrimination Complaint

TaxProf Blog and Leiter Law School Reports have been covering the complaint by Columbia Law professor, George Fletcher. Very briefly, he alleges that Columbia discriminated against him based on his age by refusing to allow him to teach a required LLM course (Columbia cited poor evaluations), which among other things, might mean that he falls below the required number of teaching hours for the year. Among the other factors that threaten his teaching load is his desire to maintain his tradition of working a full semester in Israel and the fact that the elective course he was assigned to teach is at risk of being cancelled for low enrollment.

I obviously don't know what's really going on here, but I've got to say that the former Academic Affairs Dean in me sees several red flags about his teaching that makes me less inclined to be sympathetic to his claim. That's not to mention the fact that part of the problem is that he expects to be able to leave for half the year, every year.

-Jeff Hirsch

May 30, 2017 in Employment Discrimination, Faculty News | Permalink | Comments (0)

Tuesday, May 16, 2017

Stone Receives Bob Hepple Award

StoneKathy Stone has been awarded the 2017 LLRN Bob Hepple Award for Lifetime Achievement in Labour Law, along with Prof. Kazoo Sugeno from Japan. The presentation will take place at this summer LLRN meeting in Toronto. According to LLRN:


The goal of the Award is to acknowledge exceptional and longstanding contributions to labour law scholarship. Such recognition from the global community of labour law scholars, which the LLRN represents, is intended to be meaningful both for the Award recipients and for the community bestowing this honour. The members of the Award Nominations Committee this year were Takashi Araki, Hugh Collins, John Howe, Kerry Rittich, and Mia Ronnmar (those interested in the guidelines detailing the process can find them at the LLRN website).
 
The Awards will be presented at a ceremony during the upcoming LLRN3 conference in Toronto. In the meantime, warmest congratulations to Kathy and Kazuo for this well-deserved honour!

You can also see UCLA's announcement here.

Congratulations Kathy!

-Jeff Hirsch

May 16, 2017 in Faculty News | Permalink | Comments (0)

Tuesday, December 13, 2016

John Marshall-Atlanta Sued for Race Discrimination (Again)

JM AtlThe suit is brought by former faculty member Patrice Fulcher. Paul Caron has the details over at Tax Prof Blog, via National Jurist (paywalled). The Complaint alleges that Fulcher was steered toward a legal writing position rather than a doctrinal position and paid less than doctrinal colleagues, and that a year after getting tenure she was denied the salary raise that customarily accompanied tenure.

As Caron notes, this is the second time in four years JMLS-Atlanta has been sued for race discrimination. The former suit, by two former faculty members, was settled after the plaintiffs survived a motion dismiss.

rb

December 13, 2016 in Employment Discrimination, Faculty News | Permalink | Comments (0)

Tuesday, November 8, 2016

Cheerleading

Good newsWhen you have good news to share, but are reticent to toot your own horn, send that news my way. Likewise, please send my way news you come across about the accomplishments of our comrades.
I'm always happy to brag on the accomplishments of everyone in our LEL community.

rb

November 8, 2016 in Faculty News | Permalink | Comments (0)

Friday, September 16, 2016

Greene cited by Eleventh Circuit

Doris-Wendy-Green-new Congratulations to friend of the blog, Wendy Greene (Samford) whose article, Title VII: What’s Hair (and Other Race-Based Characteristics) Got to Do With It? was cited today by the Eleventh Circuit in EEOC v.Catastrophe Management Solutions.  Wendy's article was cited for its discussion of the socially constructed nature of race.

Wendy describes the case: 

In this case, CMS, an insurance processing company in Mobile, Alabama, rescinded an African American woman’s job offer to handle phone calls related to customer service support because she refused to cut off her locked hairstyle. Essentially, the employer made "no locks" a condition of employment for the applicant, though she was deemed qualified, interviewed and was offered the job with the hairstyle. And, apparently CMS’ human resources manager considered her hair well-groomed at the time of hire, yet remarked that the applicant’s locks might eventually become “messy.”  The HR manager told the applicant she would be unable to hire her if she did not cut off her hair; the applicant refused do so, returned her initial paperwork as requested, and left the premises. The Birmingham office of the EEOC filed a Title VII intentional race discrimination case against CMS. In doing so, the EEOC attempted to overturn over 30 years of legal precedent affirming the legality of natural hairstyle bans (except those involving afros). Largely drawing upon legal scholarship of U.S. employment discrimination and race and law scholars, one of the EEOC's primary arguments centered around the immutability doctrine; the EEOC advanced that a biological notion of race, which treats race as an “immutable” characteristic, should no longer be employed when interpreting Title VII’s prohibitions against race discrimination. Rather, the notion of race should be expanded to include both immutable and mutable characteristics. Thus, a grooming policy prohibiting natural hairstyles, like locks, braids, twists, etc., which are associated with African descendants—in law and society—constitutes unlawful race discrimination. 

Ultimately, the 11th Circuit declined to abolish the immutability doctrine in EEOC v. Catastrophe Management Solutions and held that CMS’ “no locks” mandate did not violate Title VII, as the EEOC would be unable to produce evidence that all individuals who adorn locks are Black or that only individuals who adorn locks are Black. Though the court did not rule in the EEOC’s favor, it did engage in a fairly lengthy dialogue about the meaning of race and competing arguments of notable race and law scholars. Aside from the exploration of race, this opinion may be of interest to proceduralists and those interested in the application of the Supreme Court’s decision in Young v. UPS, the (purported) demarcation between disparate treatment and disparate impact theories of liability, and statutory interpretation more generally. 

The opinion relied very heavily on legal scholarship for its analysis. In addition to citing Wendy, the opinion cites Ian Haney Lopez, Camille Gear Rich, Sharona Hoffman, Barbara Flagg, Richard Ford, Annelise Riles, Kenji Yoshino, Juan Perea, and Rhonda Magee Andrews in its discussion of what race is. Ultimately the court relied on what it believed Congress thought race was in 1964--a set of immutable physical characteristics--and its prior precedent. But the court's analysis went a bit further, too, considering the legal scholarship. The opinion expressed some concern about including cultural or behavioral practices as part of the identity protected by Title VII because those practices might vary by individual and change over time. The court was very uncomfortable with the idea that courts would have to decide what was an "authentic" part of a racial group's culture and what was not. Despite the court's reluctance to agree with many of the scholars it cited, the fact that the opinion considers this work so carefully is heartening. 

MM

September 16, 2016 in Employment Discrimination, Faculty News, Scholarship | Permalink | Comments (1)

Wednesday, September 14, 2016

AALS L&E Sections Newsletter

Joey Fishkin & Joe Mastrosimone are co-chairing the labor and employment AALS sections this year and write to seek information for the joint annual newsletter. As someone who has had the pleasure of helping with this effort in the past, let me put in a plea on their behalf--please help out! The newsletter is only as good as the info provided for it, so at a minimum, fill them in on any relevant news for the year. Also, the case/legislation briefs are really helpful to readers, so please consider doing one of those as well. Joe & Joey write:

Dear Colleagues:

It is time once again for the preparation of a joint annual newsletter for the AALS Section on Employment Discrimination and the Section on Labor Relations and Employment Law, and we need your help as readers and section members. 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 please e-mail that news to Joseph Mastrosimone at Joseph.Mastrosimone@washburn.edu.

Second, please also e-mail Joseph Mastrosimone 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 2016.  These publications can be books, articles, and chapters.  We are working on compiling a list, but it would help us make sure not to miss your publications if you would send them to us!  So, please send an email with your relevant 2016 publications to Ms. Penny Fell at Penny.Fell@washburn.edu; use the subject line “Publications for AALS Newsletter”.  (Note: please hold your forthcoming 2017 publications for next year’s newsletter.  We’re looking for 2016 publications.)

Fourth and finally, we want to solicit anyone who would be interested in writing a brief description 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 Fisher v. University of Texas, Heffernan v. City of Paterson, Tyson Foods, Inc. v. Bouaphakeo, Green v. Brennan, etc.), a significant NLRB decision (including Columbia University, Miller & Anderson, Inc., Piedmont Gardens, etc.), 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 — it need not be more than a couple of paragraphs, and should definitely be under 2 pages.  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.  Please let us know what you are interested in writing about — if you would like to do this, please email Joey Fishkin at jfishkin@law.utexas.edu by October 15 to indicate your interest and say what you’d like to write about.

Thank you very much for your help!

Joe & Joey

September 14, 2016 in Conferences & Colloquia, Faculty Moves, Faculty News, Faculty Presentations, Labor and Employment News | Permalink | Comments (0)

Friday, February 5, 2016

Bauries Voted Full Professor

BauriesA belated but heartfelt congratulations to Scott Bauries (Kentucky), who last week was voted up for full professorship. Scott's colleagues at Kentucky are extraordinarily lucky to have him a member of their faculty, and I am equally lucky to have Scott as a friend.

rb

February 5, 2016 in Faculty News | Permalink | Comments (0)

Tuesday, November 17, 2015

Harpur Named Senior Lecturer at Queensland

HarpurCongratulations to Paul Harpur (U. Queensland - Beirne School of Law) who has just been promoted to Senior Lecturer. Paul focuses on disability rights, anti-discrimination laws, work health and safety laws, and corporate social responsibility. He has published widely in Australia, the United Kingdom and the United States on employment, anti-discrimination, and human rights laws. He currently leads an International Labour Organization project assessing labour rights in the South Pacific.

Congratulations, Paul!

rb

November 17, 2015 in Faculty News | Permalink | Comments (0)

Wednesday, September 30, 2015

Michael Duff Named

DuffCongratulations to Michael Duff, who has been appointed Associate Dean of Student Programs and External Relations at Wyoming College of Law.

Just a reminder to let us know of your good news so we can get the word out. I love celebrating the achievements of everyone in our LEL academic community!

rb

September 30, 2015 in Faculty News | Permalink | Comments (1)

Monday, September 14, 2015

AALS Sections Info Request

Danielle Weatherby & Naomi Schoenbaum are collecting information for the AALS labor & employment sections.  Their request is below, with a Nov 1 deadline: 

Dear Colleagues:

It is time once again for the preparation of a joint annual newsletter for the AALS Section on Employment Discrimination and the Section on Labor Relations and Employment Law, and we need your help as readers and section members. 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 dweath@uark.edu.

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 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 (under 2 pages). 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 nschoenbaum@law.gwu.edu.

Please send all submissions by November 1, 2015.

Thank you very much for your help!

Best regards,

Danielle Weatherby & Naomi Schoenbaum

 

September 14, 2015 in Faculty Moves, Faculty News | Permalink | Comments (0)

Thursday, July 23, 2015

Labor & Employment Position at Alabama

Alabama School of Law's faculty appointments search includes needs in labor and employment law. The announcement:

Assistant Professor / Associate Professor / Professor

The University of Alabama School of Law anticipates making at least two tenured or tenure-track appointments to its faculty, to begin in the 2016-2017 academic year. The Faculty Appointments Committee seeks applications from entry-level candidates with excellent academic records and demonstrated potential for exceptional teaching and scholarly achievement. We also welcome applications from lateral candidates who possess outstanding academic credentials, including demonstrated teaching ability and a record of distinguished scholarship. Although positions are not necessarily limited by subject matter, we are particularly interested in the following academic subject areas: business law, commercial law, employment law, family law, and labor law. Most candidates will have a J.D. degree from an accredited law school. Exceptional candidates who possess an advanced degree, such as a Ph.D., and who have scholarly interests related to the law involving interdisciplinary, jurisprudential, empirical, or social scientific work may be considered even without holding a law degree. The University of Alabama embraces and welcomes diversity in its faculty, student body, and staff; accordingly, the School of Law actively welcomes applications from persons who would add to the diversity of our academic community. Salary, benefits, and research support are nationally competitive. The School of Law will treat all nominations and applications as confidential, subject to requirements of state and federal law. Interested candidates should apply online at facultyjobs.ua.edu. The positions will remain open until filled. Please refer any questions about the hiring process to Professor Julie A. Hill, Chair of the Faculty Appointments Committee for the 2015-2016 academic year (email: facappts@law.ua.edu).

-JH

July 23, 2015 in Faculty News, Labor and Employment News | 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: 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!

MM

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, March 31, 2015

Senior Fullbright Scholar award for Secunda

SecundaCongratulations to blogger emeritus and our friend Paul Secunda (Marquette), who has been awarded a Senior Fullbright Scholar award for this fall. He will be teaching and conducting research on the national pension program in Australia. Paul will become a senior fellow at the Melbourne University Law School, teaching courses and conducting  research on the Australian Superannuation workplace pension system, which is widely considered to be a global benchmark for workplace pension programs. You can get more detail from Marquette's press release.  Great work, and wonderful news, Paul!

MM

March 31, 2015 in Faculty News, International & Comparative L.E.L., Pension and Benefits, Scholarship, Teaching | Permalink | Comments (2) | TrackBack (0)

Thursday, December 11, 2014

Secunda on Right to Work laws

SecundaWith right to work on the agenda and in the public eye in Wisconsin, it only makes sense that Milwaukee's NPR affiliate WUWM would turn to Paul Secunda, our friend and blogger emeritus. Paul was a guest on "Lake Effect," with this introduction:  "As a potential debate over right-to-work laws looms in Wisconsin, we get some historical perspective on such legislation, and more insight into the impact it could have on labor and politics in the Badger State." Follow the link to listen to the whole thing, or find just Paul's segment on this page. Nice work, Paul!

MM

December 11, 2014 in Commentary, Faculty News, Faculty Presentations, Labor and Employment News, Labor Law, Labor/Employment History | Permalink | Comments (0) | TrackBack (0)

Monday, December 1, 2014

AALS workplace sections joint newsletter

Aals Thanks to Monique Lillard (Idaho), chair of the AALS Labor Relations and Employment section and Natasha Martin (Seattle), chair of the AALS Employment Discrimination section for sending along the joint newsletter of the two sections for posting. Download it while it's hot:  Download Joint Newsletter for AALS Sections

MM

December 1, 2014 in Disability, Employment Common Law, Employment Discrimination, Faculty News, International & Comparative L.E.L., Labor and Employment News, Labor Law, Public Employment Law, Scholarship, Teaching, Wage & Hour | 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)

Wednesday, September 24, 2014

Bauries, Sutherland, and Legare Amicus in Eleventh Circuit Teacher Evaluation Case

Scott-Bauries-FULLScott Bauries (Kentucky) writes to tell us about an amicus brief he, Brian Sutherland, and Cheryl Legare (both from the Buckley Law Firm) filed on behalf of Professors of Education Law and Educational Measurement

From the abstract on SSRN: 

This appeal, to be decided by the United States Court of Appeals for the 11th Circuit, challenges two egregious misuses of "value-added modeling," a controversial teacher evaluation method that attempts to isolate the affect of one teacher on the learning gains of that teacher's students, as derived from annual standardized test scores. With the approval of the State Appellees, the School District Appellees used the test scores of students who took the Florida Comprehensive Assessment Test in reading and math to evaluate the teaching performance of teachers who either did not teach these students at all, or did not teach them the tested curriculum. Amici, who are experts in education, education law, and educational measurement, file this brief to assist the Court in understanding how irrational these uses of value-added modeling are. The uses challenged here contradict the very purpose of using value-added modeling in the first place. In addition, they completely lack scholarly support, and they undermine, rather than further, the state's avowed purpose in evaluating its teachers -- to incentivize the evaluated teachers to improve their teaching, and thereby improve student achievement.

Or in plainer terms as Scott wrote in an email,

The basic goal of amici was to educate the court about the many problems with value-added modeling as an employee performance evaluation tool, to better illustrate the ridiculousness (and therefore constitutional irrationality) of the uses to which it was put in these districts.  In brief, the districts used the test score data of one teacher’s students on a test in one subject area to judge the performance of teachers who either did not teach the students who took the test at all (e.g. kindergarten teachers, when testing begins in third grade), or did not teach them the tested curriculum (e.g., fourth grade music teachers). 

Very interesting read.

MM

September 24, 2014 in Commentary, Faculty News, Public Employment Law | Permalink | Comments (0) | TrackBack (0)

Friday, September 19, 2014

Duff Named "Centennial Distinguished Professor"

DuffCongratulations to Michael Duff (Wyoming) who has been designated the "Centennial Distinguished Professor of Law" at Wyoming for 2014-17.

rb

September 19, 2014 in Faculty News | Permalink | Comments (1) | TrackBack (0)