Fourth Annual Colloquium on Current Scholarship in Labor and Employment Law
Seton Hall University School of Law
Newark, NJ
September 25-26, 2009
Friday, September 25, 2009
Friday, 8:00 – 8:45:
Registration & Continental Breakfast
Session I, Friday, 8:45 –10:00:
(1) Perspectives on Disability Discrimination I
Room 73
Cheryl Anderson "But-for" Causation under the ADA
Jeannette Cox Disability Stigma and Intraclass Discrimination
Mark Weber Unreasonable Accommodation and Due Hardship
(2) Elections, Collective Bargaining, and the NLRB
Large Moot Court Room
Ellen Dannin Law Reform, Collective Bargaining, and the Balance of Power: An Empirical Study
Samuel Estreicher Improving the Administration of the National Labor Relations Act without Statutory Change
William Herbert Certification without an Election in the Public Sector: The New York Experience
(3) Employee Benefits – Keeping Pension Promises
Room 74
Susan Cancelosi Are You Willing to Take the Risk? Evaluating the Impact of Employer and Government Retiree Healthcare Choices
Eric Chason ERISA, Trust Law, and Pink Rock Candy Mountains
David Pratt The U.S. Pension System is Broke, And So Will We Be (If We Ever Retire)
BREAK (10:00 – 10:15)
Session II, Friday, 10:15 – 11:30:
(4) Perspectives on Discrimination I
Large Moot Court Room
Henry Chambers Merit at the Margin
Miranda McGowan Discrimination Without Animus
Kerri Stone Taking in "Strays"? When is a Stereotyped Comment a "Stray" Comment under Price Waterhouse v. Hopkins?
(5) Comparative Perspectives I
Room 73
Susan Harthill A Comparative Analysis of Workplace Bullying as an Occupational Safety and Health Concern
John Howe New Initiatives in Enforcement of Employment Standards in Australia: A Comparative Perspective
César Rosado Marzán Of Absent Guardians and Imperfect Markets: How Chilean “Tutelary” Labor Law Protects Workers Less than the More Market- friendly US Labor Law
(6) Workers on the Margins I
Room 74
Keith Cunningham-Parmeter The Future Rights of Unauthorized Workers
Brishen Rogers Towards Third-Party Liability for Wage Theft
Mitchell Rubinstein Employers in the Borderland: Employers and Quasi-Employers
Session III, Friday, 11:30 – 1:00:
Lunch & Plenary Keynote
(7) New Directions at the Department of Labor
Newark Club
Seth Harris
Deputy Secretary
United States Department of Labor
Session IV, Friday, 1:00 – 2:15:
(8) Perspectives on Discrimination II
Large Moot Court Room
Tristin Green Discrimination, Asbestos, and Guns: Dangerous Analogies and the Future of the Pattern or Practice Claim
Rebecca Lee Leadership at Work
Ann McGinley Masculinities and Disparate Impacts
(9) Civil Procedure Meets Employment
Faculty Library
Harold Lewis Jr. A New FRCP, Rule 68.1
Joseph Seiner Employment Discrimination Implications of Iqbal and Twombly
Suja Thomas The Motion to Dismiss Under Iqbal and Twombly: The New Summary Judgment Motion
(10) Workers on the Margins II
Room 74
Nicole Porter Synergistic Solutions: An Integrated Approach to Solving the Caregiver Conundrum for “Real” Workers
Michael Green Furloughs, Reduced Workweeks and Other Efforts Aimed at Reducing Employees’ Work Hours While Still Offering Job Stability: Employer Sympathy or Circumvention of Wage and Hour Laws and Labor Unions?
Dayna Royal Jon & Kate Plus the State: Why Congress Should Protect Children in Reality Programming
BREAK (2:15 – 2:30)
Session V, Friday, 2:30 – 3:45:
(11) Disability & Retaliation
Large Moot Court Room
Elizabeth Pendo The Social Construction of Workplace Risks: Regulating Genetic Testing at Work After GINA
Michael Waterstone Cause Lawyering and Disability Law
Alex Long Viva State Employment Law!: State Law Retaliation Claims in a Post-Crawford/Burlington Northern World
(12) Comparative Perspectives II
Faculty Library
Kevin Kolben Towards an Integrative Theory of Transnational Labor Regulation
Sara Slinn First Contract Arbitration: Multi-Jurisdictional Evidence from Canada
Steven Willborn Laval, Viking, and American Labor Law
BREAK (3:45 – 4:00)
Session VI (Plenary), Friday, 4:00-5:30
(13) ALI Restatement Chapter on “Other Torts”
Room 273
Richard Carlson
Markita Cooper
Samuel Estreicher
Michael Harper
Alex Long
Michael Zimmer (moderator)
5:30-5:45:
Board Shuttles for Dinner at C-Side Restaurant (Harborside Financial Center, Jersey City)
Saturday, September 26, 2009
Saturday, 8:15 – 9:00:
Continental Breakfast
Session VII, Saturday, 9:00 – 10:15:
(14) Perspectives on Discrimination III
Room 73
Wendy Greene Racial Equality at a Crossroads: Redressing Race Discrimination in the Workplace during a “Post-Racial” Moment
Aaron Lacy The NBA and NFL Reaction to the Infiltration to Hip Hop Culture and its Effect on the Employability of the Black Male Athlete
Jamie Darin Prenkert Mixed Motives and the RFOA: A Moderate (and Textually Grounded) Middle Road not Taken
(15) Labor Law II
Large Moot Court Room
Jessica Knouse Restructuring the Labor Market to Democratize the Public Forum
Joseph Slater Pedagogy: Teaching Private and Public Sector Labor Law Together
Paul Secunda Cultural Cognition at Work
(16) Information, Technology & the Employment Relationship
Room 74
Jeff Hirsch Communication Breakdown: Regulating Employee Access To Information
Ariana Levinson While We Are Waiting: Court Protection of Employee Privacy
BREAK (10:15 - 10:30)
Session VIII, Saturday, 10:30 – 11:45:
(17) Dispute Systems and Employee Rights
Large Moot Court Room
Jarod Gonzalez Striking Peremptory Strikes from Civil Jury Trials
Marcia McCormick Agency Adjudication of Employment Discrimination
Scott Moss Litigation Myths! Explaining Pervasive Gaps Between What Courts Say and What Courts Actually Do
(18) Individual Workers, Bargaining, and Equality
in the Employment Relationship
Room 73
Aditi Bagchi The Myth of Equality in the Employment Relationship
Richard Carlson The Employer Assault Against Employment at Will
Dan O’Gorman The Statute of Frauds and Oral Promises of Job Security
(19) Perspectives on Discrimination IV
Room 74
Serena Mayeri Lost Intersections: Race, Sex, Reproduction, Morality, and Employment Discrimination in the 1970s.
Helen Norton Does Empathy for Some Necessarily Mean Prejudice Against Others? What Ricci Means for Equal Protection Law
Natalie Bucciarelli Pedersen Making Implicit Bias Explicit: How the Motivating Factor Framework Can Help Employers Uncover Their Own Implicit Biases
Session IX, Saturday, 11:45 – 1:30:
Lunch & Plenary
(20) ALI Restatement Chapter on “Workplace Privacy and Autonomy”
Newark Club
Matthew Bodie
Camille Hébert
Steve Willborn
Kenneth Dau-Schmidt
Timothy Glynn (moderator)
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