First Annual Colloquium on Current Scholarship in Labor & Employment Law

(A) Employment Discrimination I (Religious Discrimination & Accommodation; Race & Testing):
Room 325

* 9:00: Cheryl Beckett (Gonzaga School of Law), A Factor by Any Other Name: The Benefit for Religious Employers of Using the Bennett Amendment as a Defense in Contraceptive Equity Claims under Title VII
* 9:30: Mike McCann (Mississippi College School of Law), The Wonderlic Test for the NFL Draft: Linking Stereotype Threat and the Law
* 10:00: Roberto Corrada (Univ. of Denver Sturm College of Law), The Interrelationship of Discrimination and Accommodation in Title VII Religion Cases

(B) Employment Law I (Public Employment; Speech Rights; Civil Rights):
Room 318

* 9:00: Paul Secunda (Univ. of Mississippi School of Law), The Solomon Amendment, Expressive Associations, and Public Employment
* 9:30: Sally Gertz (Florida State Univ. College of Law), At-Will Employment: Origins, Applications, Exceptions and
Expansions in Public Service

(C) ADA (Proof of Disability; Medical Exams; Workplace Accommodations):
Room 334

* 9:00: Cheryl Anderson (Southern Illinois Univ. School of Law), Comparator Evidence or Common Experience: When Does Substantial Limitation Require Substantial Proof under the Americans with Disabilities Act?
* 9:30: Elizabeth Emens (Columbia Law School), Beyond the Individual: Third-Party Benefits of Workplace Accommodations
* 10:00: Jarod Gonzalez (Texas Tech Univ. School of Law), A Matter of Life and Death - Why the ADA Permits Mandatory Periodic Medical Examinations Of Remote-Location Employees

(A) Employment Discrimination II (Retaliation; Same Actor Inference; Statutory Interpretation):
Room 325

* 10:45: Sylvia Denys (Law Offices of Sylvia Denys, Pittsburgh, PA), The Scalia/Breyer Debate and Employment Discrimination
* 11:15: Alex Long (Oklahoma City Univ. School of Law), The Troublemaker's Friend: Preventing Retaliation Against Third Parties, Protecting the Right of Association in the Workplace, and Combating Workplace
* 11:45: Natasha Martin (Seattle Univ. School of Law), The Same-Actor Factor: A Clash of Narratives in the American Workplace

(B) ADR (Settlement Confidentiality; Arbitrator Diversity; Collaborative Law):
Room 318

* 10:45: Scott Moss (Marquette Univ. Law School), Illuminating Secrecy: A New Economic Analysis of Confidential Settlements
* 11:15: Michael Z. Green (Texas Wesleyan Univ. School of Law), Negotiating A Call to Action for Selection of Diverse Arbitrators in Employment Discrimination Matters
* 11:45: Marcia McCormick (Samford Univ. Cumberland School of Law), It's about the Relationship: Collaborative Law in the Employment Context

(C) Disability & Medical Benefits (Health Care; Medicare Rights; ERISA Plans):
Room 334

* 10:45: Susan Cancelosi (Wayne State Univ. Law School), The Position of the Elderly after Part D, and How Private Employer Experience Might Preserve Medicare Prescription Drug Coverage
* 11:15: Larry Grudzien (Valparaiso Univ. School of Law), Can Consumer-Driven Health Care, Health Reimbursement Arrangements and Health Savings Accounts Save Employer Sponsored Health Care from Ruin?
* 11:45: Alison Sulentic (Duquesne Law School), Secrets, Lies & ERISA: The Social Costs of Misrepresentations and Omissions in Summary Plan Descriptions

(A) Employment Discrimination III (Damages, Class Incentive Payments, & Other Remedies):
Room 325

* 1:30: Peter Huang (Temple Univ. Beasley School of Law), Implications of Happiness Research for Employment Law
* 2:00: Nantiya Ruan (Univ. of Denver Sturm College of Law), Bringing Sense to Incentives: Harmonizing Courts' Chaotic Caselaw on Class Action Incentive Payments

(B) Labor Law I (Labor Law Reform; Union Amici; Child Labor):
Room 318

* 1:30: Ruben Garcia (California Western School of Law), Social Movement Tactics: Labor's Use of Amicus Participation
* 2:00: Sy Moskowitz (Valparaiso Univ. School of Law), Contemporary Child Labor in the United States: Who's Protecting Our Kids?
* 2:30: John Howe (Melbourne Law School, Australia), Australia's New Labor Laws: Authoritarian Labor Regulation in a (Neo)Liberal Democracy

(C) Government Regulation of the Workplace (Health & Safety; Labor/Employment History & Reform):
Room 334

* 1:30: Jon Forman (Univ. of Oklahoma College of Law), Making Labor Markets Work
* 2:00: John Hall (Chapman Univ. School of Law), Workplace Safety in the Pornographic Film Industry
* 2:30: Rebecca Zietlow (Univ. of Toledo College of Law), Belonging and Social Citizenship: The New Deal and the Wagner Act

(A) Employment Discrimination IV (Disparate Treatment Doctrine):
Room 325

* 3:15: Sandra Sperino (St. Louis Univ. School of Law), Recreating Diversity in Employment Law by Debunking the Myth of the McDonnell-Douglas Monolith
* 3:45: Steve Kaminshine (Georgia State Univ. College of Law), Disparate Treatment as a Theory of Discrimination: The Need for a Restatement Not a Revolution
* 4:15: Marty Katz (Univ. of Denver Sturm College of Law), How I Learned to Stop Worrying and Love McDonnell Douglas (and Unified Disparate Treatment Law in the Process)

(B) Employment Law II (At-Will Employment):
Room 318

* 3:15: Nicole Porter (St. Louis Univ. School of Law), Stuck in the Middle . . . Finding a Compromise Between Employment At-Will and Just Cause Terminations
* 3:45: James Sonne (Ave Maria School of Law), Firing Thoreau: Conscience and At-Will Employment
* 4:15: Joe Slater (Univ. of Toledo College of Law), The American Rule that Swallows the Exceptions

(C) Labor & Employment Grab Bag (Whistleblowing; Home Health Care Work; Race Conspiracies):
Room 334

* 3:15: Miriam Cherry (Univ. of the Pacific McGeorge School of Law), A Satire of Law Firm Employment Practices
* 3:45: Peggy Smith (Univ. of Iowa College of Law), Regulating Paid Domesticity in the 21st Century
* 4:15: Catherine Smith (Univ. of Denver Sturm College of Law), The Group Dangers of Race-Based Conspiracies

(A) Employment Discrimination V (Appearance; Harassment):
Room 325

* 8:45: Margaret Johnson (Univ. of Baltimore School of Law), "Avoiding Harm Otherwise": Reframing Women Employees' Responses to the Harms of Sexual Harassment
* 9:15: Aaron Lacy (Barry Univ. Dwayne O. Andreas School of Law), Hair Today, Gone Tomorrow: Conforming for Hire
* 9:45: Mark Weber (DePaul Univ. College of Law), Disability Harassment Claims

(B) Labor Law II (Union Governance; Preemption; Property & Labor Law; Labor Remedies):
Room 318

* 8:45: Seth Harris (New York Law School), The Rehnquist Court's Federalism and Labor Law Preemption
* 9:15: Jeff Hirsch (Univ. of Tennessee), Taking State Property Rights Out of Federal Labor Law

(C) Critical Race Theory:
Room 307

* 8:45: Sumi Cho (DePaul Univ. College of Law), "Racial Favors": The Tangibility of Racial Harassment & the Quid Pro Quo Analogy
* 9:15: Terry Smith (Fordham Univ. School of Law), Speaking Against Norms: Public Discourse and the Economy of
Racialization in the Workplace
* 9:45: Rhonda Reaves (Florida A&M Univ. College of Law), Retaliatory Harassment: Sex and The Hostile Co-Worker

(A) Employment Discrimination VI (Stereotyping; English-Only Rules):
Room 325

* 10:45: L. Darnell Weeden (Texas Southern Univ. Thurgood Marshall Law School), The Less than Fair Employment Practice of No-Spanish Rules on the Job
* 11:15: Phoebe Williams (Marquette Univ. Law School), Racial Profiling as Racial Harassment of the Critical Worker
* 11:45: Dana Nguyen (LLM student, U.C. Berkeley Boalt Hall School of Law), The Ties That Bind: Asian Americans and Subtle Discrimination in Social Networks

(B) Employment Law III (Whistleblowing & Sarbanes-Oxley):
Room 318

* 10:45: Richard Carlson (South Texas College of Law), Whistleblowers and Other Citizen Employees
* 11:15: Richard Moberly (Univ. of Nebraska College of Law), Sarbanes-Oxley's Anti-Retaliation Protections: An Empirical Perspective
* 11:45: Orly Lobel (Univ. of San Diego Law School), Deep Throat Revealed: Whistleblower Protection in Complex Organizations