Tuesday, February 25, 2020

New Edition of "ADR in the Workplace"

I'm happy to see that there is a new edition of the Labor Law Group textbook, ADR in the Workplace (West). Congratulations to all of the authors!

Jeff Hirsch


ADR in the Workplace, 4th Edition

Laura J. Cooper, Minnesota
Dennis R. Nolan, South Carolina
Richard A. Bales, Ohio Northern
Stephen F. Befort, Minnesota
Lise Gelernter, SUNY-Buffalo
Michael Z. Green, Texas A&M

ADR in the Workplace, 4th Edition will be published in April and available for your Fall 2020 course.
About the Casebook: This text is suitable for use in law schools, business schools, and schools of industrial relations. It addresses ADR topics through a wide diversity of materials, including judicial decisions, arbitration awards, essays, and questions and problems for class discussion. Sections on judicial determinations of arbitrability, judicial review, injunctions, deferral, and the duty of fair representation offer thorough coverage of legal issues. Extensive treatment of the substance and practice of labor arbitration provides material for courses focusing on labor arbitration practice. Materials on dispute resolution in the nonunion setting address a broad range of issues including law, theory, practice, and policy. 


February 25, 2020 in Arbitration, Books | Permalink | Comments (0)

Thursday, February 13, 2020

Lawful Racial Discrimination in Public Accommodations

ThomasSuja Thomas (Illinois) has just posted on SSRN yet another blockbuster (and highly disturbing) article, The Customer Caste: Lawful Discrimination by Public Businesses. Here's the article:

It is legal to follow and watch people in retail stores based on their race, give inferior service to restaurant customers based on their race, and place patrons in certain hotel rooms because of their race. Congress enacted Title II of the Civil Rights Act of 1964 to protect black and other people of color from discrimination and segregation in public accommodations—places where people receive goods, food, services, and lodging. Scholarship has not analyzed how well Title II and Section 1981 of the Civil Rights Act of 1866 have functioned in this arena. An examination of this caselaw shows that courts find numerous discriminatory and segregatory actions by places of public accommodation legal. An assessment of the legislative history and text of the laws, in addition to the interpretation of similar laws demonstrate that the judiciary has incorrectly constrained the law by, among other actions, adopting the heavily-criticized employment discrimination caselaw and requiring a common law-like contractual relationship. Jim Crow laws ceased to exist in the 1960s, but these interpretations have created “the customer caste,” whereby people of color are subject to legal, daily discrimination in retail stores, restaurants, gas stations, hotels, banks, and airplanes.

Hopefully this article sparks change.


February 13, 2020 in Employment Discrimination, Scholarship | Permalink | Comments (0)