Over the past decade, workers’ collective action rights have been under constant attack. In the past two years, states like Wisconsin and Ohio have passed legislation stripping the collective bargaining rights of public employees, and similar legislation is being considered in numerous states. In addition, so-called “right to work” laws have been passed in numerous states, including most recently, Indiana. At the same time, the Supreme Court has severely limited the rights of workers and consumers to take collective action to vindicate their statutory rights. Recently, however, the National Labor Relations Board in D.R. Horton said that class actions for workers are protected under the National Labor Relations Act. What interaction, if any, does the D.R. Horton decision have with the Supreme Court’s decision in AT&T Mobility v. Concepcion upholding class action waivers in consumer mandatory arbitration agreements? What lies ahead for the collective rights of workers?
SOPA/PIPA and the Future of IP Protection
This panel explored the aftermath of the controversy over the Stop Online Piracy Act (SOPA) and the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act (PIPA). What are the lessons to be learned? What are the arguments on either side? If SOPA and PIPA contained fatal flaws, what are other alternatives to protect intellectual property, whether online or offline, without stifling innovation or expression in the tech and start-up communities?
Conscience in the Public Square
To what extent should religious practices be accommodated in the public square and when must claims of conscience be subordinated to other interests? Should exemptions protect both religious and secular conscience? These questions underlie many current real-world controversies, including the debate over government-mandated contraceptive coverage under the new health care reform law, the decision by Catholic Charities to cease being a public adoption provider in certain states because of the requirement that they be open to placing children with parents regardless of sexual orientation, and pharmacists’ refusals to fill “Plan B” prescriptions. Where are the fault lines and how should legislatures and administrative agencies navigate them? What are the legal limits on granting or denying exemptions based upon religious conscience?
Global Warming and Political Cooling: Addressing Climate Change on Many Fronts
With the failure to pass comprehensive climate change legislation and unprecedented hostility to federal regulation, what other tools can be brought to bear to combat climate change? What state and local initiatives (state legislation, city ordinances, etc.) could prove productive? Given the Supreme Court’s recent decision in American Electric Power (AEP) v. Connecticut, which blocked state and local governments from using public nuisance claims in the federal courts to limit greenhouse gas emissions from electric power plants, what other bodies of law and litigation strategies might be employed? What does the AEP decision mean for pending cases, such as the Kivalina v. ExxonMobil litigation?
Are Individuals Losing the Right to Trial by Jury?
Despite our founders’ great affection for the jury and the role that jurors play in administering justice, the right to a jury trial guaranteed by the Sixth and Seventh Amendments has been characterized as an endangered species. In various civil contexts, ranging from securities to civil rights, the jury trial is becoming extinct. Investors, consumers, employees, and others are denied their day in court because of mandatory arbitration agreements. In criminal cases, mandatory minimums and other sentencing laws force white collar and other defendants to take plea deals; the risk of going to trial and losing too great. What does the vanishing jury trial mean for our justice system? Can attempts be made to save it?
(Law) Degrees of Separation: Different Ways to Put Your J.D to Work
Despite a challenging legal job market, a law degree remains a versatile degree when combined with a bit of ingenuity. Fortunately, legal training can provide a leg-up to pursue political ambitions, to consult on important social and political issues, and to explore fields removed from the traditional legal settings of law firms and government agencies. Panelists discussed their path outside a traditional legal setting, how their legal training and skill set have helped them in different fields, and offered inspiration to lawyers and law students hoping to stretch the limits of their law degree and legal abilities.