Posts Tagged ‘age discrimination’

Michael Kinsley on age discrimination law

The Bloomberg columnist explains his qualms about the law, playing off the Nicholas Spaeth case, in which a 60-year-old lawyer who had achieved a distinguished career in public office was turned down by every law school at which he sought to teach, and is suing many of them. “Was the law ever intended to protect baby boomers in no particular financial distress looking for a suitable capstone to a successful career?” And suits over hiring are of course the exception; rather more often, the law supplies the legal leverage to obtain a larger severance when someone bows out of such a career. I’ve written on the subject here (in Chapter 8 of The Excuse Factory), here, and here.

Law schools roundup

Employment law roundup

  • Age discrimination law (including my views) discussed [Reihan Salam, NRO] “3d Cir.: Employees Fired for Pornographic Emails Lose Age-Discrimination Case” [Molly DiBianca]
  • Will Obama administration lawsuit derail employer use of career-readiness certificates? [Charlotte Allen, Minding the Campus]
  • A warning for Gov. Cuomo: “The case against pension-financed infrastructure” [Edward Zelinsky, OUP]
  • EEOC is on the warpath and employers had better hope they escape unscathed [Hans Bader, CEI]
  • Since we know unemployment extensions have no incentive effects, this story from the Midwest is purely imaginary [Marietta, Ohio Times, related]
  • Court rejects “announcement of same sex marriage harassed me” hostile environment claim [Volokh] “Jobs with a higher risk of sexual harassment pay workers more” [WaPo] Half of all students harassed? Surprising it’s only half [Katie Roiphe, NYT]
  • Funny-sad “666” workplace suit: “The safety sticker of the beast” [Volokh]
  • “Do you know what an employment lawsuit costs?” [Jon Hyman]

Further update roundup

Law schools roundup

  • Blog feature at National Law Journal on future of law schools stirs discussion with contributions by William Henderson, Brian Tamanaha and more, James Moliterno, followups here and here, plus a profile of renegade lawprof Paul Campos;
  • Richard Fallon: when should scholars sign amicus “scholars’ briefs”? [via Kenneth Anderson]
  • “If law school isn’t miserable, you aren’t doing it right.” [@Popehat]
  • “Chicago’s View on the Future of Law and Economics” [Josh Wright] Vanderbilt Law Review publishes tributes to Prof. Richard Nagareda [ConcurOp]
  • White House awards ceremony for Legal Left broadcast to >100 law schools [BLT]
  • “U of Illinois Law School Admits To Six Years of False LSAT/GPA Data” [ABA Journal]
  • Life in legal academia: 10/22 Temple confab on “Aging in the US: The Next Civil Rights Movement?” [via Post, Volokh]
  • “All law is public law.” No, not really [Solum on 10/21 HLS conference]
  • Thanks to Northwestern’s Federalist Society for inviting me to speak on Schools for Misrule this week as part of my Chicago visit. And thanks to Declan McCullagh for saying “all prospective law school students should” listen to the related Cato podcast. Why not book me for the spring semester to speak at your institution?

“If I could press a button and instantly vaporize one sector of employment law…”

In a new Reason symposium on how to revitalize the American job market, I explain my answer to that question.

More: This set off a round of discussion on employment blogs including Jon Hyman (nominating FLSA for vaporization), Suzanne Boy (concur), Daniel Schwartz (leave laws), Suzanne Lucas (citing “the fabulous”), the ABA Journal, Tim Eavenson, Jon Hyman again, HR Daily Report, and Russell Cawyer. Also relevant on age discrimination laws: a June symposium in the NYT’s “Room for Debate” feature; ComputerWorld on age bias and IT.

“Litigating One’s Way to a Faculty Appointment”

Former North Dakota Attorney General Nicholas Spaeth may face an uphill fight in a newly filed action alleging age discrimination in law faculty hiring, predicts Jeff Lipshaw [PrawfsBlawg, with comments]. Spaeth believes “more than 100 law schools discriminated against him by refusing to consider him for teaching jobs because of his age” despite an impressive earlier career in the law [ABA Journal]. Represented by attorney Lynne Bernabei, Spaeth has sued Michigan State and expects to add other schools as defendants. As Prawfsblawg commenters note, Spaeth’s underlying gripe may be with the overwhelmingly dominant model of law faculty hiring (reinforced by accreditation and rating pressures) in which expected future scholarly output, as opposed to, say, teaching excellence or even adequacy, tends to dominate hiring for tenured positions.

July 12 roundup

  • Kagan to senators: please don’t confuse my views with Mark Tushnet’s or Harold Koh’s [Constitutional Law Prof]
  • Too much like a Star Wars lightsaber? Lucasfilm sends a cease-and-desist to a laser pointer maker [Mystal, AtL]
  • Ottawa, Canada: family files complaint “against trendy wine bar that turned away dinner party because it included 3mo baby” [Drew Halfnight, National Post]
  • “House left Class Action Fairness Act alone in SPILL Act” [Wood/PoL, earlier]
  • Not so indie? Filmmaker doing anti-Dole documentary on Nicaraguan banana workers says he took cash from big plaintiff’s law firm Provost Umphrey [AP/WaPo, WSJLawBlog, Erik Gardner/THREsq., new plaintiffs’ charges against Dole]
  • Will liability ruling result in closure of popular Connecticut recreational area? [Rick Green, Hartford Courant; earlier]
  • Class action lawyer Sean Coffey, running for New York attorney general, has many generous supporters [NYDN, more, WNYC (Sen. Al Franken headlines closed fundraiser at Yale Club)]
  • “Judge Reduces Damages Award by 90% in Boston Music Downloading Trial” [NLJ, earlier on Tenenbaum case]