8:00 - 8:30 a.m. Registration and Continental Breakfast
8:30 - 10:30 Equal Protection Panel
Professors Harris and McCormick will discuss the status of disparate impact law under Title VII of the Civil Rights Act of 1964 post-Ricci. Professor Lee will build on her previous work on administrative constitutionalism and will argue that thinking about the constitutionalization of labor and employment law requires asking not only whether to constitutionalize the workplace, but also where to do so.
Moderator: David Schwartz – University of Wisconsin Law School; Madison
Panelists: Susan Carle – American University Washington College of Law; Washington, D.C.
Cheryl Harris – UCLA School of Law; Los Angeles
Sophia Lee – University of Pennsylvania Law School; Philadelphia
Marcia McCormick – Saint Louis University School of Law, St. Louis
Commentator: Vicki Schultz – Yale Law School; New Haven
10:30 - 10:45 Break
10:45 - 12:45 p.m. 13th Amendment Panel
Professors Rutherglen, Pope, Ontiveros, and VanderVelde will examine the language of the 13th Amendment to consider its relevancy to modern workplace regulation. Professor Suk will take a close look at the Slaughter-House cases, specifically the United States Supreme Court’s discussion of the relationship of the peasants and nobility in France in interpreting the 13th Amendment. Ms. Rosenbaum will draw from recent examples where guest workers have publicly claimed 13th Amendment protections and theorize the specific elements that constitute involuntary servitude.
Moderator: Brad Snyder – University of Wisconsin Law School; Madison
Panelists: Maria Ontiveros – University of San Francisco School of Law; San Francisco
James Pope – Rutgers School of Law, The State University of New Jersey; Newark
Jennifer Rosenbaum - New Orleans Workers' Center for Racial Justice, New Orleans
George Rutherglen – University of Virginia School of Law; Charlottesville
Julie Chi-hye Suk – Benjamin N. Cardozo School of Law; New York
Lea VanderVelde – The University of Iowa College of Law; Iowa City
1:00 - 2:00 Lunch (provided)
2:15 - 4:15 Workplace Privacy Panel
Professors Kim and Secunda will discuss broader questions of how constitutional rights play out in the public-sector (and analogously the private-sector) more generally. Professors Gely and Bierman will discuss the “race to the bottom” aspect of privacy workplace case law, where employers are given incentive to lower the privacy expectations of their employees. Professor Freiwald will consider the implications of the Sixth Circuit’s Warshak decision involving the Fourth Amendment and privacy for stored employee email.
Moderator: Carin Clauss – University of Wisconsin Law School; Madison
Panelists: Leonard Bierman – Mays Business School, Texas A&M University; College Station
Susan Freiwald – University of San Francisco School of Law; San Francisco
Rafael Gely – University of Missouri Columbia School of Law; Columbia
Pauline Kim – Washington University in St. Louis School of Law; St. Louis
Paul M. Secunda – University of Wisconsin Law School; Madison
4:30 - 5:30 Cocktail Reception
Wisconsin Law Alumni Association Student Commons
5:30 p.m. Dinner: "Personalizing the Constitutionalizing of Labor and Employment Law –
Some of Us Have Been at It for Years"
Theodore St. Antoine – University of Michigan School of Law; Ann Arbor
Quarles and Brady Reading Room
8:00 - 8:30 a.m. Continental Breakfast
8:30 - 10:30 Freedom of Association Panel
The Freedom of Association panel will discuss three major issues. First, Professor Adams will look to Canada where the Canadian Constitution has been interpreted to include a right to freedom of association in the workplace. Professor Tushnet will take an historical look at how the United States Supreme Court has tackled workplace freedom of association issues under the Constitution. Professor Dau-Schmidt will discuss a general empirical study on the costs and benefits of public sector collective bargaining. In this regard, he will look at some of the traditional arguments against a constitutional right to collectively bargain. Professor Garcia will discuss how the U.S. Supreme Court’s recent decision in Borough of Duryea v. Guranieri further dichotomizes work and citizenship for public employees.
Moderator: Martin Malin – Chicago-Kent College of Law; Chicago
Panelists: Roy Adams – McMaster University; Hamilton, ON, Canada
Ken Dau-Schmidt – Indiana University Maurer School of Law; Bloomington
Ruben Garcia - William S. Boyd School of Law; University of Nevada, Las Vegas
Mark Tushnet – Harvard Law School; Cambridge
10:30 - 10:45 Break
10:45 - 12:45 p.m. Freedom of Speech Panel
The Freedom of Speech panel first issue will explore the continuing impact of the First Amendment public employee free speech case of Garcetti v. Ceballos, which deconstitutionalizes public employee free speech rights when such employees speak pursuant to their job duties. Professors Roosevelt, Bauries, and Kozel will speak on this topic. Professor Harper will address the protection that union publicity and consumer boycotts receive under the First Amendment, and will consider both NLRB and United States Supreme Court decisions in this context.
Moderator: Anuj Desai – University of Wisconsin Law School; Madison
Panelists: Scott Bauries – University of Kentucky College of Law; Lexington
Michael Harper – Boston University School of Law; Boston
Randy Kozel – Notre Dame Law School, Notre Dame
Kermit Roosevelt – University of Pennsylvania Law School; Philadelphia
1:00 - 2:00 Lunch
2:00 p.m. Adjournment