Experts' Meeting on the Restatement of Employment Law Project
- When: November 18–19, 2011, 4–5:30 pm
- Where: Strawn Conference Room, McCormick Room 195, Northwestern University Law School
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This is the second meeting of recognized experts to discuss the ongoing Restatement of Employment Law Project being undertaken by the American Law Institute. The first meeting took place in 2008 at Hastings Law School in 2008. Papers were published in the Journal of Employee Rights and Employment Policy. In 2008, only two chapters of the Restatement had been written. This meeting takes up the continuing critique of the project in response to additional chapters and the project as a whole. Papers from the conference will again be published.
Friday Afternoon, November 18
4:00 p.m. - Session 1: Defamation, Privacy and Autonomy
Chair: Matthew W. Finkin, Albert J. Harno and Edward W. Cleary Chair in Law and Professor/Director of the Comparative Labor and Employment Law & Policy Program, University of Illinois Law School
Location: Strawn Conference Room, McCormick Room 195, Northwestern University Law School (All sessions will meet in Strawn Conference Room.)
Reception and Dinner to Follow at the Old Staunton Room, Northwestern Law School
Welcoming remarks by Northwestern Dean Kim Yuracko with conversation until late.
Saturday Morning, November 19
9:00 a.m. - Session 2: The State of the Proposed Restatement Project: Why it is a Continuing Controversy.
ALI-LLG Liaison Ken Dau-Schmidt, Willard & Margaret Carr Professor of Labor & Employment Law, Maurer School of Law;
Chair, Lea VanderVelde, Josephine Witte Professor of Law & Guggenheim Fellow in Constitutional Studies, University of Iowa College of Law, with assistance by Sean Williams, Chelsea Moore, Amber Fricke, and Allison VanNatta;
An analysis of variability of the so-called “At Will” doctrine among the 50 states. State Supreme Courts use the term “at will,” but does it accurately describe the state of the law in each of the states? What is the institutional role of the American Law Institute Reporters in a world of legal variability?
Commentary by Robert Nelson, Director & MacCrate Research Chair, American Bar Foundation, and Professor of Sociology & Law, Northwestern University and Laura Beth Nielson, Research Professor, ABF, & Associate Professor of Sociology, Northwestern University
11:00 a.m. - Session 3: Loyalty: An Overview
Chair, Michael Selmi, Samuel Tyler Research Professor of Law, George Washington University; “Supersize me: The Restatement's Duty of Loyalty Provision"
Session 4: Non-Reciprocal Employee Duties of Loyalty and Covenants Not to Compete
Chair, Catherine L. Fisk, Chancellor’s Professor of Law, University of California, Irvine;
“Contingent Loyalty and Restricted Exit: Commentary on the Restatement of Employment Law.”
Alan Hyde, Professor of Law & Sidney Reitman Scholar, Rutgers School of Law
“Why Noncompetes Should Never Be Enforced: A Somewhat Critical, Mostly Supportive Look at Restatement Sec. 8.07.”
Session 5: Remedies
This panel is an open discussion designed to elicit and clarify the Group's views on an issue that the Restaters have yet to address but plan to this year.
Chair, Alan Hyde, Professor of Law and Sidney Reitman Scholar, Rutgers School of Law;
Alan Hyde will discuss current social science research on the costs of job loss that might support greatly expanded remedies, and lead a discussion that could include issues on tort remedies for loss of job; calculating lost expectancies; mitigation in employment litigation, and collateral and cumulative remedies.
Marley Weiss, Professor of Law, University of Maryland School of Law;
“Conventional and Unconventional Thinking: Drawing on Legislative Developments and Supreme Court Case Law to Imagine a Unified Theory of Employment Law Remedies”
Robert N. Covington, Professor of Law Emeritus, Vanderbilt Law School;
“The Confused And Confusing State Of Published Jury Instructions In Employment Litigation”
Charles Sullivan, Professor of Law & Director of the Rodino Law Library, Seton Hall School of Law;
“The Faithless Servant”
Conference End - 5:30 p.m.
We gratefully thank our sponsors: The Labor Law Group; American Bar Foundation, Expanding Knowledge, Advancing Justice; Loyola Chicago Law School; Northwestern Law School
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