Time for a Serious Conversation about Guns–and Those Who Use Them

This picture is of a five-year-old. More specifically, my five-year-old. Energetic and friendly and excited for kindergarten. Now that boy is long past kindergarten. Still energetic and friendly, but now excited for college. In his twelve years of primary and secondary schooling, he never once had to endure a lock-down of his school; never once had to cower under a desk or huddle with other children because someone with a gun lurks nearby, maybe even right in front of him; never had to witness his classmates or his teacher shot and lying bloody in front of him; never had to close his eyes to walk past carnage to exit his school. Maybe he was just lucky.

But no child should have to endure such things. No child. Anywhere.

By the time my sons entered school, mass school shootings were already on the national radar, thanks to the Columbine school shooting in 1999.  And, sadly, mass shootings generally have made regular appearances in their lives since then:  the Westside Middle School shooting in Arkansas, the Beltway sniper attacks, the Amish school shooting, the shooting at a Brookfield hotel where church services were being held, the massacre at Virginia Tech, the shooting of Congresswoman Gabby Giffords and others, including a nine-year-old girl, in Tucson, and just this year alone, the Aurora theatre shootings, the shooting at Oak Creek’s Sikh Temple, the shootings at Texas A&M, the shooting at Azana Salon & Spa in Brookfield, the Portland, Oregon, mall shootings, and now the Sandy Hook School shootings in Connecticut.

Continue ReadingTime for a Serious Conversation about Guns–and Those Who Use Them

Some Thoughts on the Meaning of a Second Obama Term for Labor and Employment Law

In light of President Obama’s resounding re-election victory last night, and other developments in political races down the ticket, here are some of my initial thoughts on what might happen in the labor and employment law area during a second Obama administration:

First, I think the verdict is still very much out on  whether there will be any significant changes regarding labor and employment legal initiatives in President Obama’s second term.  It is interesting that the President did not spend too much time during the campaign, or in his victory speech last night, discussing worker rights or unions.

On the one hand, the Congress remains bitterly divided between the two parties which means that labor law reform in the form of the Employee Free Choice Act is highly unlikely, as well as updates to the employment discrimination laws, like adding sexual orientation as a protected classification under Title VII or addressing “qualified individuals” under the Americans with Disabilities Act.  I also do not envision major changes to the FMLA or OSHA in a second term, though I suspect there will be additional attempts to amend the Equal Pay Act by trying to get the Paycheck Fairness Act passed.

On the other hand, there will be plenty of room for agency decisionmakers to work on the margins and within their own domains.  

Continue ReadingSome Thoughts on the Meaning of a Second Obama Term for Labor and Employment Law

Last Poll Before Election Finds Obama and Baldwin Holding Leads

The last Marquette Law School Poll before Tuesday’s election puts President Barack Obama ahead of his challenger, Gov. Mitt Romney, by eight points (51% to 43%), according to results released Wednesday at Eckstein Hall. That’s a shift from two weeks earlier when the race was effectively tied (Obama 49%, Romney 48%).

In the US Senate race in Wisconsin, Democratic Rep. Tammy Baldwin leads Republican former Gov. Tommy Thompson by four points, 47% to 43%, with 10% undecided.

The figures come from a sample of 1,243 people identified as likely voters. The results carry a margin of error of 2.8 percentage points. Telephone polling, including people who use cell phones, was conducted between Oct. 25 and 28.

Continue ReadingLast Poll Before Election Finds Obama and Baldwin Holding Leads