Wednesday, October 7, 2015

Student Opportunities in Employee Benefits Law

AcebcKatie Kennedy (John Marshall--Chicago) and Israel Goldowitz (Pension Ben. Guar. Corp.), members of the American College of Employee Benefits Counsel (ACEBC) Law Student Outreach Committee have written to tell us of a couple of exciting opportunities for law students to help foster interest in employee benefits as a practice area.

The committee has developed:

  • A mentorship program that connects interested law students with ACEBC Fellows to learn what day-to-day practice is like as an attorney who is either in-house, government, law firm, not-for-profit or teaching; and
  •  A writing competition on an employee benefits topic that opens each January and closes in May/June.

Information on both of these programs is available at  Check it out!


October 7, 2015 in Labor and Employment News, Pension and Benefits, Teaching | Permalink | Comments (0)

Monday, October 5, 2015

New ED Casebook by Seiner

SeinerCoverCongratulations to our own Joe Seiner on the publication of his casebook, Employment Discrimination: Procedure, Principles, and Practice. I have had a chance to look through it quickly and, as the title might suggest, it brings together two of Joe's areas of expertise: procedure and employment discrimination law. In addition to the usual cases, notes, and questions, the text also contains interactive problems, notes about newsworthy issues,  and exercises. From the news release: 

This text offers a fresh perspective on employment discrimination law, presenting a procedural-based approach to the topic with interactive materials throughout the book. While still providing the traditional employment discrimination casebook coverage, this text emphasizes the importance of procedural issues in workplace cases. It includes a unique “best practices” chapter which discusses the most effective ways to address workplace discrimination, from both a theoretical and legal perspective. Numerous exercises and problems foster classroom discussion. Practice tips situate students in the role of a practicing lawyer.

Cases are modern and cutting-edge, demonstrating the importance of employment discrimination law. Each chapter includes a chapter-in-review, and summary charts and graphs are used throughout the text to further student comprehension. Text boxes within cases, historical notes, and news events are all used to help bring the material to life in an innovative new way.  Instructors will have access to sample exam problems and answers, proposed syllabi, Teacher’s Manual with problem answers, and PowerPoint slides.

A great resource that's worth checking out, for sure. 


October 5, 2015 in Books, Employment Discrimination, Teaching | Permalink | Comments (0)

Monday, September 28, 2015

Disability Law Student Writing Competition

Scholarly writing Friend of the blog Susan Bisom-Rapp (Thomas Jefferson) sends along exciting news of a new student writing competition:

Thomas Jefferson School of law is pleased to announce the second Jameson Crane III Disability and the Law Writing Competition. Made possible by the generous gift of Thomas Jefferson School of Law alumnus Jameson Crane III, the Crane Writing Competition seeks to encourage outstanding student scholarship at the intersection of law and medicine, or law and the social sciences. The competition promotes an understanding of these topics, furthers the development of legal rights and protections, and improves the lives of those with disabilities.

The competition is open to currently enrolled law students, medical students, and doctoral candidates in related fields who attend an accredited graduate program of study in the United States. Submitted papers may be on any topic relating to disability law, including legal issues arising with respect to employment, government services and programs, public accommodations, education, higher education, housing, and health care.

Submissions will be judged anonymously by an independent panel of experts. The winner of the competition will receive a $1,500 cash prize and the Thomas Jefferson Law Review (TJLR) will consider the paper for publication under the TJLR’s editorial standards. Two second place winners will each receive a $1,000 cash prize.  Preference for these additional winners will be given to submissions from disciplines not represented by the grand prize winner.

All submissions must be submitted electronically to: All entries must be received by midnight, Pacific Standard Time, January 15, 2016. Winning submissions will be announced by April 15, 2016.  

For further details, please consult the competition webpage: Please distribute this information broadly so that we may reach as many eligible students as possible. Questions may be directed to Professor Susan Bisom-Rapp, who will be coordinating the competition:

What a great opportunity!


September 28, 2015 in Disability, Scholarship, Teaching | Permalink | Comments (0)

Thursday, September 17, 2015

Teaching Sex Stereotyping

CorrellI used this video clip by Shelley Correll (Stanford - Sociology) today to introduce the topic of sex discrimination and stereotyping, to terrific effect. Students are appropriately outraged by the facts of Price Waterhouse, but they also know that few employers these days are so stupid as to be as overtly discriminatory. Today's flavors of discrimination are much more subtle, and this 20-minute video does a nice job of illustrating that.

I followed the video by asking the students to describe sex stereotyping that they had observed at our law school, at our university, and in the law firms and courtrooms they were working and interning in. This generated an animated discussion, and wearing my decanal hat, gave me some ideas of things I can do to improve our law school environment. One of the many interesting directions our discussion took was that law student perceptions of the expertise of junior law professors can vary considerably by gender, and that that in turn may influence the "personas" that male and female law professors may adopt in the classroom.

Thanks to my colleague Dacy Wilcox for sending the video to me.


September 17, 2015 in Employment Discrimination, Teaching | 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, 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, 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!


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


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: 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)

Thursday, July 17, 2014

Don't Stop at the Stop Sign

New ImageThis post could be subtitled: Misadventures in Legal Research.  

Anyhow, a mildly amusing Case of the Disappearing Opinion.  The case, Foglia v. Renal Ventures Mgmt., LLC, is to be found at 2014 U.S. App. LEXIS 10549.  It's not an uninteresting decision in any event -- adopting the "nuanced" branch of the circuit split on pleading a False Claims Act case -- but that's not the point of the present posting.

The opinion is dated June 6, 2014 but has a Lexis stop sign to the left, suggesting a BIG PROBLEM. Clicking the "subsequent history" link takes one to an order, dated June 10th, stating:

It is hereby ORDERED that the Opinion filed on June 6, 2014 is vacated and an amended opinion shall be filed simultaneously with this Order. The revised opinion does not alter the June 6, 2014 judgment.

So far so good, except that there is no opinion dated June 10th and filed simultaneously with the order. 

With the June 6th opinion vacated, and nothing substituted, Foglia, which was intended to be a precedential opinion, has in effect disappeared from Lexis.

Not to worry. Further sleuthing (entailing the assistance of two colleagues and two research assistants) determined that the June 6th opinion posted on Lexis was in fact the amended opinion referred to in the June 10th order.  So all's well but for the stop sign.

A call to Lexis, hopefully, set the wheels in motion to correct that problem. Apparently, Westlaw simply posted the amended opinion, so there was no confusion there. 

If you're wondering, the reason for the amendment was the misidentification of one of the circuits in the split -- a single word change.

There are a few lessons to be learned from this:

1. Researchers should be wary of stop signs.

2. Courts maybe shoudn't simply swap out opinions -- any problem would have been obviated if the amended opinion had been dated June 10th.

3.  Law professors have an awful lot of time on their hands in the summer.


Thanks to my colleagues Ed Hartnett and Michael Risinger and my RAs John Dumnich and Angela Raleigh for their help.

UPDATE, July 18: I received a very gracious call today from Lexis but the bottom line is that the red stop sign remains in place. Even though the caller acknowledged that the opinion that one is cautioned to beware of is actually an uncriticized, precedential opinion.  The effect will be to mislead anyone researching on Lexis, but apparently that's OK. This has gone from being mildly amusing to being frustrating.

July 17, 2014 in Teaching | Permalink | Comments (1) | TrackBack (0)

Thursday, June 12, 2014

Ninth Annual Colloquium Registration

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

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


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


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

Wednesday, May 28, 2014

Transnational Perspectives in Equality

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

Workshop on Transnational Perspectives on Equality Law


Sunday, June 22 - Tuesday, June 24, 2014

The Renaissance Mayflower Hotel

Washington, DC




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


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


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


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


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


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

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

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


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

Tuesday, May 20, 2014

Welcome to Guest Blogger Joseph Seiner

SeinerPlease welcome guest blogger Joseph Seiner from the University of South Carolina School of Law. Joe teaches Employment Discrimination, Principles of Labor Law, Individual Employment Law, a workshop in ADR in Employment Law, and a seminar in Comparative Employment Discrimination. From his faculty bio:

Joseph Seiner received his B.B.A., with High Distinction, from the University of Michigan in 1995, where he was an Angell Scholar. Professor Seiner received his J.D., Magna Cum Laude, Order of the Coif, from the Washington and Lee University School of Law, in 1998. Professor Seiner was a lead articles editor for the Washington and Lee Law Review.

Following law school, Professor Seiner clerked for the late Honorable Ellsworth Van Graafeiland of the U.S. Court of Appeals for the Second Circuit. After his clerkship, he practiced law with Jenner & Block, LLP, in Chicago, Illinois, where he focused on labor and employment matters. In September, 2001, Professor Seiner accepted a position as an appellate attorney with the U.S. Equal Employment Opportunity Commission in Washington, D.C., where he presented oral argument as lead counsel in the United States Courts of Appeals in employment discrimination cases.

Prior to joining the faculty at the University of South Carolina School of Law, Professor Seiner was an adjunct professor at the Georgetown University Law Center, where he developed and taught a seminar on comparative employment discrimination. Professor Seiner's articles have been selected for publication in numerous journals, including the Notre Dame Law Review, the Boston University Law Review, the Iowa Law Review, the Boston College Law Review, the William and Mary Law Review, the University of Illinois Law Review, the Hastings Law Journal, the Wake Forest Law Review, and the Yale Law and Policy Review. Professor Seiner's work has been featured in a number of media sources, including The Wall Street Journal. Upon invitation, Professor Seiner has submitted written testimony to committees in both the U.S. Senate and the U.S. House of Representatives. Professor Seiner teaches courses in the labor and employment law area.

Joe is also a prolific scholar. You might check out his most recent article, now on SSRN, The Issue Class. From the abstract: 

In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), the Supreme Court refused to certify a proposed class of one and a half million female workers who had alleged that the nation’s largest private employer had discriminated against them on the basis of their sex. The academic response to the case has been highly critical of the Court’s decision. This paper does not weigh in on the debate of whether the Court missed the mark. Instead, this Article addresses a more fundamental question that has gone completely unexplored. Given that Wal-Mart is detrimental to plaintiffs, what is the best tool currently available for workers to pursue systemic employment discrimination claims?

Surveying the case law and federal rules, this paper identifies one little used procedural tool that offers substantial potential to workplace plaintiffs seeking to pursue systemic claims — issue class certification. Rule 23(c)(4)(A) of the Federal Rules of Civil Procedure permits the issue class, allowing common issues in a class case to be certified while the remaining issues are litigated separately. The issue class is typically used where a case has a common set of facts but the plaintiffs have suffered varying degrees of harm. This is precisely the situation presented by many workplace class action claims.

This paper explains how the issue class is particularly useful for systemic discrimination claims. The paper further examines why traditional class treatment often fails in workplace cases, and addresses how the plaintiffs in Wal-Mart could have benefited from issue class certification. Finally, this Article discusses some of the implications of using the issue class in employment cases, and situates the paper in the context of the broader academic scholarship. This paper seeks to fill the current void in the academic scholarship by identifying one overlooked way for plaintiffs to navigate around the Supreme Court’s decision.

Welcome, Joe!


May 20, 2014 in About This Blog, Employment Common Law, Employment Discrimination, Faculty News, International & Comparative L.E.L., Labor Law, Scholarship, Teaching | Permalink | Comments (0) | TrackBack (0)

Tuesday, May 6, 2014

Jack Getman Retires

Image001When our list of faculty moves went up last month, one item left of the list was the retirement of Julius (Jack) Getman from the University of Texas after 28 years on the faculty. The American Statesman did a nice story on Jack's career. Here's a part:

A sort of Johnny Appleseed of labor law, Getman has through the decades sprinkled proteges all over the country. Many of them followed Getman into academia. Many of them chose their professor’s specialty even if they’d planned on practicing another kind of law before they took Getman’s basic labor law class which, 2011 graduate Elliot Becker recalled, “some of us called ‘Story Time with Grandpa Jack.’”

“I don’t know where I’d be without him,” said Becker, who this fall will go to work in the general counsel’s office of the National Labor Relations Board.

“I didn’t go to law school thinking I wanted to do labor and employment,” said James Brudney, who teaches labor at Fordham Law School. “It was the exposure to him and the subject that converted me. He has a remarkable blend of realism, sardonic humor and remarkably perceptive insights analytically about the real world.”

While Getman may be sympathetic to workers and the labor movement, he’s not a dogmatic radical who has never missed a Pete Seeger concert.

“His perceptions of the struggles that ordinary shop floor workers had to go through made him sensitive to both the positive aspects of (union) leadership and the risks that leadership might separate from the rank and file,” Brudney said. “He’s obviously sympathetic to unions, but that has not restrained him from offering substantial and powerful critiques.”

Jack's book Restoring the Power of Unions was also the subject of the Section on Labor Relations and Employment Law program at the AALS annual meeting in 2011, which coincided with the UNITE HERE boycott of the conference hotel. The presentations were published in volume 15, issue 2 of the Employee Rights & Employment Policy Journal

h/t Michael Murphy and Harris Freeman


May 6, 2014 in Faculty Moves, Faculty News, Labor and Employment News, Labor Law, Labor/Employment History, Scholarship, Teaching | Permalink | Comments (0) | TrackBack (0)

Friday, April 4, 2014

Student Writing Competition

WritingLaura Cooper (Minnesota) writes to remind us that students have about one more month to submit papers to this writing competition: 

Attention:  Law Professors and Law Students—Midnight (EDT) on May 15, 2014, is the deadline for submitting articles for the Annual Law Student Writing Competition sponsored by the American Bar Association Section of Labor and Employment Law and the College of Labor and Employment Lawyers.  The competition offers monetary prizes and publication for the first-place winning article in the ABA Journal of Labor & Employment Law.  Full competition rules are available at:

In addition to publication for the first place winner, note the monetary prizes: $1500 for first place, $1000 for second place, and $500 for third. Encourage your students to take advantage of this great opportunity!


April 4, 2014 in Scholarship, Teaching | Permalink | Comments (0) | TrackBack (0)

Friday, February 21, 2014

Teaching Employment and Labor Law

TeachingLast spring, the Wefel Center for Employment Law at Saint Louis University held a fantastic symposium on Teaching Employment and Labor Law. I can say that with appropriate modesty because I had very little to do with it. The symposium was organized by Tonie Fitzgibbon, my amazing colleague, who has been the Director of our center for twenty years, and who was the Assistant Director at its inception. I'm pretty sure it was my colleague Miriam Cherry's idea, and Matt Bodie, Elizabeth Pendo, and I all agreed it would be a good topic. In addition to us, Marion Crain and Pauline Kim (Wash. U.), Rachel Arnow-Richman (Denver), Laura Cooper (Minnesota), Marty Malin (Chicago-Kent), Nicole Porter (Toledo), Joe Slater (Toledo), and Kerri Stone (Florida International) all gave presentations.

The Saint Louis University Law Journal has just published the papers connected with the symposium, so now everyone can read about what we who were there got to hear. From the table of contents:


Teaching Employment and Labor Law Symposium
Susan A. FitzGibbon

Teaching Employment and Labor Law

A Holistic Approach to Teaching Work Law
Marion Crain & Pauline T. Kim

Employment Law Inside Out: Using the Problem Method to Teach Workplace Law
Rachel Arnow-Richman

Collaboration and Community: the Labor Law Group and the Future of Labor Employment Casebooks
Matthew T. Bodie

Teaching Employment Discrimination Law, Virtually
Miriam A. Cherry

The Capstone Course in Labor and Employment Law: A Comprehensive Immersion Simulation Integrating Law, Lawyering Skills, and Professionalism
Laura J. Cooper

Constructing a Comprehensive Curriculum in Labor and Employment Law
Martin H. Malin

From Podcasts to Treasure Hunts—Using Technology to Promote Student Engagement
Marcia L. McCormick

Identifying (with) Disability: Using Film to Teach Employment Discrimination
Elizabeth Pendo

A Proposal to Improve the Workplace Law Curriculum from a Compliance Perspective
Nicole Buonocore Porter

Teaching Private-Sector Labor Law and Public-Sector Labor Law Together
Joseph E. Slater

Teaching the Post-Sex Generation
Kerri Lynn Stone

You should check them out.


February 21, 2014 in Conferences & Colloquia, Disability, Employment Common Law, Employment Discrimination, Faculty Presentations, Labor Law, Pension and Benefits, Public Employment Law, Scholarship, Teaching | Permalink | Comments (1) | TrackBack (0)

Wednesday, February 19, 2014

Teaching Conference: Assessment Across the Curriculum

IltlThe Institute for Law Teaching and Learning is holding a conference on Saturday April 5 at the William H. Bowen School of Law, University of Arkansas at Little Rock. The conference, Assessment Across the Curriculum, looks great. Here is the outline of the program:

“Assessment Across the Curriculum” is a one-day conference for new and experienced law teachers who are interested in designing and implementing effective techniques for assessing student learning.  The conference will take place onSaturday, April 5, 2014, at the University of Arkansas at Little Rock William H. Bowen School of Law in Little Rock, Arkansas.

Conference Content:  Sessions will address topics such as

·         Formative Assessment in Large Classes
·         Classroom Assessment Techniques
·         Using Rubrics for Formative and Summative Assessment
·         Assessing the Ineffable: Professionalism, Judgment, and Teamwork
·         Assessment Techniques for Statutory or Transactional Courses

By the end of the conference, participants will have concrete ideas and assessment practices to take back to their students, colleagues, and institutions.

Who Should Attend:  This conference is for all law faculty (full-time and adjunct) who want to learn about best practices for course-level assessment of student learning.

Conference Structure:  The conference opens with an optional informal gathering on Friday evening, April 4.  Theconference will officially start with an opening session on Saturday, April 5, followed by a series of workshops.  Breaks are scheduled with adequate time to provide participants with opportunities to discuss ideas from the conference.  Theconference ends at 4:30 p.m. on Saturday.  Details about the conference are available on the websites of the Institute for Law Teaching and Learning ( and the University of Arkansas at Little Rock William H. Bowen School of Law ( 

Conference Faculty:  Conference workshops will be taught by experienced faculty, including Michael Hunter Schwartz (UALR Bowen), Rory Bahadur (Washburn), Sandra Simpson (Gonzaga), Sophie Sparrow (University of New Hampshire), Lyn Entrikin (UALR Bowen), and Richard Neumann (Hofstra).

Accommodations:  A block of hotel rooms for conference participants has been reserved at The DoubleTree Little Rock, 424 West Markham Street, Little Rock, AR 72201.  Reservations may be made by calling the hotel directly at 501-372-4371, calling the DoubleTree Central Reservations System at 800-222-TREE, or booking online at  The group code to use when making reservations for the conference is “LAW.”


February 19, 2014 in Teaching | Permalink | Comments (0) | TrackBack (0)

Friday, December 27, 2013

Handling Classroom "Gunners"

Gunner1We normally keep posts on this blog strictly on the topic of labor/employment law, but this topic -- more generally applicabile to higher educators generally -- was too good to pass up. Over at Psychology Today, Mitchell Handelsman (U. Colorado - Denver - Psych.) asks Carl Pletsch (U. Colorado - Denver - History) how he handles gunners. Here's his response:

If the student seems prepared and focused on the topic of the day, I might say something like, “I appreciate your willingness to contribute to our class discussion!  But I want to challenge you to take your participation to the next level. Next class session, see if you can make a comment that addresses what another student has said, naming him or her, and showing that you are interested in what other students may be thinking. OK?”   I emphasize that this is a skill, taking participation to a higher level.

If the student seems generally ill-prepared, making comments that actually divert attention from the topic of the day’s session, I might still praise him or her for participating, but my challenge is for the student to come with comments on the reading next time, and to be prepared to refer to passages in the text to support the comments.

In the following sessions I’ll notice whether the student merely disagrees with another student, or whether he or she says something complimentary.  I can then revise the challenge to include the idea of saying something constructive that builds on another student’s comment.

If this works, I praise the student and suggest the next level of challenge: “Can you listen to the discussion until you have heard enough to discern a relationship among several students’ comments?  Then you might try to make a comment that compares or relates several other contributions.”  Again I suggest giving credit to others by name.  

My primary goal is to make the whole classroom safe for everyone to participate, but by challenging the loquacious students I am also encouraging them to develop new skills that may serve them well in life. I try not to discourage students from participating, but to channel their energy in more constructive ways—ways beneficial to both the class and to the students themselves.


December 27, 2013 in Teaching | Permalink | Comments (1) | TrackBack (0)

Thursday, November 7, 2013

Advanced-level Apprenticeships, PhDs, and Industrial PhDs - ADAPT and the University of Bergamo

AdaptMichele Tiraboschi, ADAPT Scientific Coordinator at the University of Bergamo in Italy, writes to inform us that the call for applications for the International Doctoral School in Human Capital Formation and Labour Relations promoted by ADAPT and the University of Bergamo has been published.

40 positions are available, 22 of them will be funded through a scholarship and 4 through advanced-level apprenticeship contracts. The deadline to send applications is 18 November 2013 at 12.00 a.m.

This year, they are providing the opportunity to enter an Industrial PhD in Labour Productivity and Workplace Change, in order to strengthen the cooperation between employers and professionals within the productive system. In addition, by way of special agreements, a number of positions will be available to workers employed in highly qualified jobs at their own companies, provided that they pass the selection procedures and are admitted to the PhD Programme.

Employers who are interested in supporting the School or hosting interns, as well as prospective candidates, can send an email to for further enquiries.


November 7, 2013 in International & Comparative L.E.L., Teaching | Permalink | Comments (0) | TrackBack (0)

Tuesday, November 5, 2013

Louis Jackson National Law Student Writing Competition

WriteMarty Malin (Chicago-Kent) writes:

I am pleased to advise you that the law firm Jackson Lewis is again sponsoring and IIT Chicago-Kent College of Law is again administering the annual Louis Jackson Memorial National Law Student Writing Competition in Employment and Labor Law.  Eligible are all students at ABA accredited law schools who have had at least one course in labor or employment law (defined broadly).  Students may submit papers up to 35 pages in length.  Entries are due January 21, 2014.

Entries are blind judged by a panel of five law professors.  Netiher Jackson Lewis nor Chicago-Kent plays any role in judging the entries.

Attached is a flyer announcing this year's competition.  Please
encourage your students to enter.

We use five judges and rotate one judge off the panel each year,.  If any full time labor/employment law professor is interested in judging, please email me off list and I will add you to the list of interested judges.


November 5, 2013 in Scholarship, Teaching | Permalink | Comments (0) | TrackBack (0)