The Constitutionalization of Labor and Employment Law?

October 28 & 29, 2011 Madison, Wisconsin

The Constitutionalization of Labor and Employment Law? is an innovative and timely symposium at the intersection of constitutional law and labor and employment law. Recent U.S. Supreme Court cases have contained much legal discussion at the intersection of constitutional law concepts and the law of the workplace – both in the public-sector workplace where constitutional state action exists and in the private-sector workplace where it does not. Recent cases include: Garcetti v. Ceballos, Christian Legal Society v. Martinez, City of Ontario v. Quon, NASA v. Nelson, Engquist v. Oregon Dept. of Agricultural, and Ricci v. DeStefano.

Through discussion of five separate areas of constitutional law:

  1. Freedom of Speech,
  2. Freedom of Association,
  3. Equal Protection,
  4. The 13th Amendment, and
  5. Workplace Privacy under the Fourth Amendment,

this symposium explores whether constitutional law concepts are infiltrating public and private labor and employment law, and whether this development is beneficial or detrimental to the rights of workers.

Some of the top names in the United States in constitutional, labor, employment, and employment discrimination law will participate in this symposium. Speakers include: Mark Tushnet of Harvard Law School, Dan Kahan of Yale Law School, Samuel Estreicher of New York University Law School, Ken Dau-Schmidt of Indiana University Mauer School of Law, and Kermit Roosevelt of the University of Pennsylvania Law School. These, and the other participating scholars, will produce an exceptional volume of articles on an increasingly important topic for Wisconsin and the United States.

The conference will be held October 28 and 29, 2011, at the University of Wisconsin Law School in Madison, Wisconsin. Panelists and moderators from the UW Law School faculty include: Professors Carin Clauss, David Schwartz, Anuj Desai, Brad Snyder, and Visiting Professor Paul Secunda.

Please join us for this thought-provoking symposium which is part of the reinvigoration of the Labor and Employment Law Program at the University of Wisconsin Law School, which has an illustrious history in this area, and will lead to skill development opportunities with both the local and state bar.

To see the full brochure, click here!

Conference Organizers

Carin Clauss

Carin Clauss is a professor emerita of law at the UW Law School, who held the Nathan P. Feinsinger Chair in Labor Law. Her areas of specialization are labor and employment law, administrative law, and civil procedure.

As U.S. Solicitor of Labor from 1977 to 1981, Professor Clauss was responsible for enforcing the nation’s labor laws. She writes extensively on employment law issues, engages in a pro bono law practice specializing in sex discrimination cases, and is a frequent speaker to business, labor, and legal groups.

Professor Clauss has served as a consultant or member to a number of private and public organizations on a variety of labor and health and safety topics, including comparable worth, health care, safety and health in the workplace, collective bargaining, and union democracy.

Paul Secunda

Professor Paul M. Secunda is a visiting professor of law at The University of Wisconsin Law School during the 2011 fall semester. He currently teaches at the Marquette University Law School and previously taught at the University of Mississippi School of Law. Professor Secunda teaches labor law, employee benefits, employment discrimination law, employment law, education law, and civil procedure. He is the program coordinator for the Marquette Labor and Employment Law Program.

Professor Secunda is the author of numerous books, treatises, articles, and shorter writings on labor and employment law and education law. His recent articles appear in the UCLA, Fordham, San Diego, Hastings, and Wisconsin Law Reviews; his essays have been published in the online journals at Yale, Penn, and Northwestern. Professor Secunda is the immediate past national chair of the Association of American Law Schools (AALS) Section on Employee Benefits and Executive Compensation and also the past chair of both the AALS Section on Labor Relations and Employment Law and Section on Employment Discrimination Law. He is an elected member of the American Law Institute, serving on the Members Consultative Group for the Restatement of Employment Law. A long-time contributing editor to the Workplace Prof Blog, Professor Secunda is co-author of numerous amicus briefs in labor and employment law cases (including the amicus brief filed by Civil Procedure Professors in Support of Respondents in Wal-Mart Stores, Inc. v. Dukes), and a frequent commentator in the national and Wisconsin media and press on labor, employment, benefit, and education law issues.

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