Fall 2022 Course Schedule

Adv Labor Law: Today's Legal Landscape (LAW-747-001)
Michael Gan

Meets: 06:00 PM - 07:50 PM (Tu)

Enrolled: 12 / Limit: 24

Administrator Access


Notices

Pre-requisite: LAW-664 Employment and Labor Law or permission of instructor.

Description

Since the passage of the Wagner Act in 1935, the study of labor law has been marked by important and sometimes seismic shifts in labor policy and regulation. This course provides an opportunity for in-depth study into the current state of US labor law, including how labor law is responding to new technologies and the fundamental changes in the way some workers earn a living. The course will often follow the news headlines and focus on the most important legal developments in the Federal Courts, at the National Labor Relations Board, and before labor arbitrators.

While the course has a largely private sector focus, we will review a number of current developments in public sector labor law as well. At every turn, we will assess the practical implications of labor law on today’s work world, including in-depth discussion of the various ways that disputes are resolved between employees, unions, and employers.

We will spend time analyzing actual collective bargaining agreements in an effort to understand how labor contracts can impact workers, employers, and the public and students will present their findings to the class as part of a group project. This semester we will consider the special case of collective bargaining agreements between police departments and police unions.

This course will also prepare you to identify and evaluate contemporary labor law problems that a client (whether employee, union, or employer) might face and provide you with the analytical skills necessary for practical and creative problem solving.

Textbooks and Other Materials

The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check to determine if books are currently available for purchase online.

First Class Readings

  • Samuel Estreicher, Depoliticizing the National Labor Relations Board: Administrative Steps, 64 Emory L.J. 1611 (2015).
  • Sprague, Robert, The NLRB Through the Looking Glass: Employer Power Trumps Employee Voice (September 1, 2021). Available at SSRN: https://ssrn.com/abstract=3915737 or http://dx.doi.org/10.2139/ssrn.3915737
  • McClain, Jared, and Kara Rollins, The NLRA Does Not Authorize Everyone on Twitter to Call the Labor Police, posted by Harv. J.L. & Pub. Pol'y in Per Curiam (January 2022)

Syllabus

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