Academic conferences: When small is beautiful

I am becoming a big fan of smaller scale academic gatherings that allow time and space for dialogue and fellowship. Toward that end, I’ve just posted to my Social Science Research Network page a short essay, “Academic Conferences: When Small is Beautiful” (Suffolk University Law Review Online, 2015), which may be downloaded without charge. The essay grew out of a 2014 symposium on therapeutic jurisprudence (TJ) that I hosted at Suffolk University Law School. Here’s the abstract:

This essay makes a case for organizing and hosting smaller academic conferences, workshops, and symposia that promote genuine dialogue and move at a slower, more contemplative pace. Although the main purpose of an academic gathering is not to create and experience a “feel good” event, smaller scale programs may better facilitate spirited, respectful dialogue, intellectual exchange, and an ethic of fellowship that nurtures connections and friendships. In addition, in offering post-program publication opportunities, we may consider packages of shorter essays as less burdensome alternatives to full-length symposium issues of journals. This essay grew out of the author’s hosting of, and participation in, a small conference on therapeutic jurisprudence at Suffolk University Law School in 2014.

Therapeutic jurisprudence symposium

The piece also serves as an introduction to five essays authored by presenters at the 2014 symposium, which may be downloaded here. In brief, here are the authors and their topics:

  • Prof. Mark Glover, University of Wyoming College of Law (TJ and estate planning)
  • Prof. Michael Jones, Arizona Summit Law School (Teaching TJ)
  • Prof. Shelley Kierstead, Osgoode Hall Law School, York University (TJ and legal writing)
  • Prof. Michael Perlin, New York Law School (TJ law teaching & scholarship vis a vis mental health & criminal law)
  • Prof. David Wexler, University of Puerto Rico School of Law (mainstreaming TJ in criminal & juvenile justice law)

Academic culture and practice

For those interested in reading more of my thoughts on academic culture and practice, especially in legal scholarship, here are two pieces I’ve authored, which can be accessed by clicking the titles:

If It Matters, Write About It: Using Legal Scholarship to Effect Social Change (Bearing Witness: A Journal on Law and Social Responsibility, 2013) — From my abstract: “This essay centers on the concept of ‘intellectual activism,’ discussing how legal scholarship can be used as the foundation for social change work. It recounts and reflects upon the author’s ongoing work in advancing issues such as workplace bullying and the rights of student interns. It concludes with advice on how to be effective in an intellectual activist mode.”

Therapeutic Jurisprudence and the Practice of Legal Scholarship (University of Memphis Law Review, 2010) — From my abstract: “The culture of legal scholarship has become preoccupied with article placement, citations, and download numbers, thus obscuring a deeper appreciation for the contributions of scholarly work. This article proposes that therapeutic jurisprudence (“TJ”), a theoretical framework that examines the therapeutic and anti-therapeutic properties of the law and legal practice, provides us with tools for understanding and changing that culture.”

***

Related posts

Workshopping human dignity (2014)

Inspiration in Amsterdam (2013)

Why conferences? (2013)

Free blog subscription

For a free subscription to Minding the Workplace, go to “Follow this blog” at the top right of the home page, and enter your e-mail address.

Dignity instead: The “markets and management” framework for U.S. workplace law should go

American employment law has been dominated by a belief system that embraces the idea of unfettered free markets and regards limitations on management authority with deep suspicion.  Under this “markets and management” framework, the needs for unions and collective bargaining, individual employment rights, and, most recently, protection of workers amid the dynamics of globalization, are all weighed against these prevailing norms.

The creation of New Deal labor and social legislation during the 1930s, and the expansion of employment rights during the 1960s and 1970s, provided tangible benefits to workers in terms of collective bargaining, minimum wage, discrimination, and modest wrongful discharge protections.  However, these gains have been under continuous and vigorous attack for several decades, to the point where today the state of American employment relations is at a critical juncture.

For the sake of workers and organizations alike, we must rethink this dominant framework. Thanks to the publication of economist Thomas Piketty’s groundbreaking Capital in the Twenty-First Century (2014) — an exhaustive study of income inequality in some 20 nations (including the U.S.) — we have a new understanding of how unbridled capitalism has led to huge concentrations of wealth benefiting the super rich. Furthermore, concerns about job security and working conditions, bullying at work, and steadily lower union membership levels continue to raise important questions about the well-being of everyday workers and their role in shaping the modern workplace.

In addition, the courts and legal process offer marginal solace for mistreated employees. Despite the seeming abundance of potential legal protections for many American workers, effectuating one’s employment-related rights can be a lengthy, expensive, and stressful undertaking.  Employment lawsuits are costly and time consuming for both employees and employers.

Transforming all this is no easy task, but let’s start with the fundamental conviction that human dignity should supplant “markets and management” as the central framework for analyzing and shaping American employment law.  Simply put, we need to reframe the intellectual and rhetorical debate over employment law and policy to focus on the dignity and well-being of workers.

Within such a “dignitarian” framework, there is plenty of room for market-based competition, entrepreneurship, individual responsibility, and sound management prerogative.  Furthermore, the call for dignity in the workplace is not a rallying cry for state ownership, runaway taxation, or regulatory micromanagement of the workplace.  Rather, it is about promoting the complementary goals of healthy, productive, and socially responsible workplaces within a mix of robust private, public, and non-profit sectors.

***

Note: This post is a slightly revised and edited version of the introduction to my 2009 law review article, “Human Dignity and American Employment Law,” University of Richmond Law Review. I find myself returning to this piece periodically to draw out basic themes that I want to share with readers of this blog. The idea of supplanting the dominant “markets and management” framework with a commitment to human dignity is chief among the core precepts. I further developed these ideas in a 2010 law review essay, “Employment Law as If People Mattered: Bringing Therapeutic Jurisprudence into the Workplace,” Florida Coastal Law Review.

Visioning law and legal systems through a psychologically healthy lens

One of my periodic “battery rechargers” is the opportunity to reconnect in person with a network of law professors, lawyers, judges, and students associated with a school of legal thought called therapeutic jurisprudence (“TJ”), which examines law, legal procedures, and the legal profession from the standpoint of psychological health. Law professor and TJ co-founder David Wexler (U. Puerto Rico) defines therapeutic jurisprudence this way:

Therapeutic Jurisprudence (TJ) concentrates on the law’s impact on emotional life and psychological well-being. It is a perspective that regards the law (rules of law, legal procedures, and roles of legal actors) itself as a social force that often produces therapeutic or anti-therapeutic consequences. It does not suggest that therapeutic concerns are more important than other consequences or factors, but it does suggest that the law’s role as a potential therapeutic agent should be recognized and systematically studied.

David was among those who came to Boston and Suffolk University Law School for a Friday public symposium, “The Study and Practice of Law in a Therapeutic Key: An Introduction to Therapeutic Jurisprudence,” followed by a smaller Saturday workshop to plan future TJ activities and initiatives.

In addition to thanking David, I’d like to extend my warm appreciation to out-of-town participants Mark Glover (U. Wyoming), Michael Jones (Arizona Summit), Shelley Kierstead (York U., Osgoode Hall), Michael Perlin (New York Law School), Amanda Peters (South Texas), Amy Ronner (St. Thomas U., Florida), and Carol Zeiner (St. Thomas U., Florida), as well as to my Suffolk colleagues Gabriel Teninbaum, Kathleen Vinson, and Patrick Shin, for being a part of the two-day program.

You can view the agenda for the Friday symposium here. My presentation on  employment law drew heavily from this blog to emphasize the significant stress and anguish experienced by workplace bullying targets, the importance of multi-faceted counseling & coaching for those targets (legal, mental health, and career), and the need to reform our legal processes for resolving employment-related disputes.

As a law professor and lawyer, the TJ community has become my intellectual home base. Equally important, it has provided me with a group of dear friends and colleagues. Last night, a group of us went out to a karaoke bar here in Boston, and while we probably shouldn’t count on Plan B careers as performing artists, we had great fun. Tonight we’ll be heading out for a nice Italian dinner in Boston’s North End. Such fellowship with good people confirms that I’m running with the right crowd for me.

***

For more on the International Network on Therapeutic Jurisprudence, go to the network website.

You may also join the TJ Facebook page here.

 

Mixing psychology and law: A brief report from New Orleans

photo-24

On Friday I gave a short presentation, “How Employment Law and I/O Psychology Exemplify the Value of Law and Psychology Cross-Pollination,” at the annual meeting of the American Psychology-Law Society (AP-LS) in New Orleans. AP-LS is an affiliate of the American Psychological Association.

Despite the wordy title, my remarks were a conversational effort to build more bridges between the worlds of industrial/organizational psychology and employment law. As an example of how such partnerships can enrich both law and psychology, I discussed my recent work with the APA’s Center for Organizational Excellence in helping to develop a webpage and educational video on workplace bullying and my ongoing participation in the biennial “Work, Stress and Health” conference co-sponsored by the APA.

I was part of a panel that examined how AP-LS can attract more participation from lawyers and legal academicians. My fellow panelists were all noteworthy members of the therapeutic jurisprudence community: Law professors David Wexler, Michael Perlin, and Heather Ellis-Cucolo, and psychologist Astrid Birgden.

AP-LS presidential address

I was delighted that our panel was preceded by a morning address by AP-LS president Jennifer Skeem, who urged the organization to become more innovative and broad-ranging in its appeal and its work. Her talk was largely an elaboration upon these three points:

  • “Target a broader audience” — This includes legislators and policy makers.
  • “Tackle bigger problems” — The AP-LS should practice its mission to advance individual well-being, justice, and human rights.
  • “Make ‘interdisciplinary’ real” — The AP-LS should interact more with legal scholars, public policy analysts, and scientists.

Dr. Skeem’s remarks set the stage nicely for our panel discussion later that afternoon. I hope that we made a strong case for greater collaboration between psychologists and lawyers.

***

David Wexler and Michael Perlin will be among those speaking in Boston on Friday, April 11, as part of a symposium on therapeutic jurisprudence. For more details, see my blog post from last Monday.

April 11 Boston program: How can we create psychologically healthier legal systems?

At a time when levels of unhappiness within the legal profession run high, and litigants’ experiences with the legal system are often stressful and unpleasant, an April 11 symposium at Suffolk University Law School will examine how legal practice and legal proceedings can be made psychologically healthier for all involved.

The symposium, titled “The Study and Practice of Law in a Therapeutic Key: An Introduction to Therapeutic Jurisprudence,” will be held on Friday, April 11, from 10:00 a.m. to 2:30 p.m., at Suffolk University Law School, 120 Tremont Street, in downtown Boston.  It is sponsored by the school’s New Workplace Institute.

Therapeutic jurisprudence (TJ) is a school of legal thought that examines the therapeutic and anti-therapeutic aspects of the law, legal practice, and legal profession.  TJ has attracted the interest of practicing lawyers, judges, law professors, and law and graduate students.  The Suffolk workshop will feature law professors from the U.S. and Canada presenting TJ perspectives on legal practice, including legal writing and drafting, appellate advocacy, and specific fields such as mental health law, criminal law, employment law, tort law, and trusts & estates law.

“Too many lawyers are stressed out in their practices, and too many members of the public have terrible experiences with our legal systems, even when they win,” said Suffolk law professor David Yamada, director of the New Workplace Institute and organizer of the conference.  “Therapeutic jurisprudence is part of a solution that fosters psychologically healthier legal systems, legal results, and lawyers,” he added.

The symposium is designed for lawyers, law teachers, and law students, but members of the public are invited as well.

Program

10:00 a.m. Welcome

  • Prof. David Yamada, Suffolk University Law School
  • Assoc. Dean Patrick Shin, Suffolk University Law School

10:15 a.m. — Panel 1: Applying to TJ to law teaching, legal writing, and drafting

  • Hon. Michael Jones, Arizona Summit Law School — “Teaching Therapeutic Jurisprudence”
  • Prof. Shelley Kierstead, York University, Osgoode Hall — “Legal Writing, TJ, and Professionalism”
  • Prof. Amy Ronner, St. Thomas University Law School — “Lessons from Bartleby the Scrivener for an Appellate Practice Clinic”
  • Prof. David Wexler, University of Puerto Rico School of Law — “The Emotional and Legal Benefits of Reforming Legal Forms”
  • Discussant: Prof. Kathleen Elliott Vinson, Suffolk University Law School, and President, Association of Legal Writing Directors

12:00 noon — Light Lunch

  • Speaker: Prof. David Wexler, TJ co-founder — “The Creation, Present, and Future of Therapeutic Jurisprudence”

1:00 p.m. — Panel 2: Applying TJ to legal practice areas

  • Prof. Mark Glover, University of Wyoming College of Law — “The Solemn Moment: Expanding Therapeutic Jurisprudence Throughout Estate Planning”
  • Prof. Michael Perlin, New York Law School — “’There’s a dyin’ voice within me reaching out somewhere': How TJ can bring voice to the teaching of mental disability and criminal law”
  • Prof. Amanda Peters, South Texas College of Law — “TJ and Mental Health Courts”
  • Prof. Gabriel Teninbaum, Suffolk University Law School — “Putting Patients First in the Aftermath of Medical Malpractice”
  • Prof. David Yamada, Suffolk University Law School — “Employment Law, Stress, and Employee Well-Being”

2:30 p.m. Closing remarks

  • Prof. David Yamada

Location

The workshop will be held at Suffolk University Law School, 120 Tremont Street, in downtown Boston.

To Register

Registration (including a light lunch) is free, but space is limited. To register, please send an e-mail to Patricia McLaughlin at tmclaughlin@suffolk.edu by Wednesday, April 9 with “TJ Conference” in the subject line and include in the text your name, affiliation, and e-mail address.

For more on the International Network on Therapeutic Jurisprudence, go to the network website.

Published: “Emerging American Legal Responses to Workplace Bullying”

The Temple Political & Civil Rights Law Review has just published my article, “Emerging American Legal Responses to Workplace Bullying,” that emerged from the February 2013 symposium on bullying across the lifespan at Temple University’s law school.

The piece provides a short update of legal and policy developments concerning workplace bullying and includes the current template version of the Healthy Workplace Bill. I had posted a draft last year; this is the final published version.

Although the complete collection of articles from the symposium is not yet available online, you can access Prof. Nancy Knauer’s (Temple U.) overview of the symposium issue here. And for my write-up of the Temple conference, go here.

Previous scholarly articles on workplace bullying and related topics

For readers who would like more in-depth explorations of the legal issues concerning workplace bullying and related topics in the U.S., here are links to, and brief summaries of, relevant journal articles I’ve written over the years. Each may be accessed without charge from my Social Science Research Network page. While these articles are published in academic journals, they nevertheless have attracted many readers who are not lawyers or law professors.

Workplace bullying and the law

The Phenomenon of “Workplace Bullying” and the Need for Status-Blind Hostile Work Environment ProtectionGeorgetown Law Journal, 2000 — This is the first in-depth examination of the American legal and policy implications of workplace bullying. Considered a groundbreaking piece.

Crafting a Legislative Response to Workplace Bullying — Employee Rights and Employment Policy Journal, 2004 — This contains and explains the first version of the Healthy Workplace Bill, as well as brief discussions of early legislative and regulatory responses to workplace bullying in other nations.

Workplace Bullying and American Employment Law: A Ten-Year Progress Report and Assessment — Comparative Labor Law & Policy Journal, 2010 — This piece is part of a collection of articles looking at enacted and proposed legal responses to workplace bullying on an international scale. It contains an updated version of the Healthy Workplace Bill.

Workplace bullying generally

Workplace Bullying and Ethical Leadership — Journal of Values-Based Leadership, 2008 — This article provides a general overview of workplace bullying and its implications for organizational leadership.

Employee dignity generally

Human Dignity and American Employment Law — University of Richmond Law Review, 2009 — I pulled in a lot of historical and theoretical sources in an attempt to construct a case for making human dignity the primary framework for evaluating and shaping U.S. employment law.

Employment Law as If People Mattered: Bringing Therapeutic Jurisprudence into the WorkplaceFlorida Coastal Law Review, 2010 — This article places employment law issues (including workplace bullying) in the context of therapeutic jurisprudence, the school of legal thought that examines the therapeutic and anti-therapeutic properties of our laws and legal systems.

Working Notes: Boston Globe on unpaid internships, Marketplace on terminations gone viral, and more

Good morning! Here are a few items that I’ve been connected with:

Boston Globe Magazine cover story on unpaid internships

Sunday’s Boston Globe Magazine ran a substantial cover story on unpaid internships by Melissa Schorr. She did her homework and then some for this piece, interviewing a wide range of individuals and incorporating a span of viewpoints. Here are two snippets:

In what activists envision as a nascent social movement — and some bosses see as ungrateful whippersnappers unwilling to pay their dues — a slew of unpaid interns have filed suit against their former employers, including high-profile companies such as Fox Searchlight Pictures, Hearst Magazines, Gawker Media, NBCUniversal, Sony, and Conde Nast, claiming they were, in fact, employees under federal labor laws and demanding back pay.

***

THE UNPAID INTERN is a longstanding figure on the bottom of the corporate ladder, particularly in so-called “glamour industries” such as media and showbiz, where multiple applicants jockey for each spot and have even been known to pay thousands of dollars for the privilege.

Here’s a part of what I had to say:

Yamada has come to view [unpaid internships] as not just a legal but also a moral issue, informally advising a group of New York activists who have formed an intern labor-rights network. “I think in the for-profit sphere, most of these unpaid internships are not only against the law but are exploitative,” he says. “We now have this intermediate stage between classroom education and entry-level full-time employment. We’re adding another level of training and education that involves real work, slapping this label of ‘intern’ on it, and assuming one has to donate their time instead of being paid.”

American Public Radio Marketplace on “Burning bridges while going viral”

Last week I wrote about non-disparagement clauses in separation agreements, and it led to a short interview with Marketplace’s Carmen Wong Ulrich on job terminations in the digital age and options for laid-off workers:

“I think what you’ve seen over the recent years is the internet becoming that megaphone,” says David Yamada, Professor of Law at Suffolk University in Boston. “You’ve got sites like eBosswatch and Glassdoor, and general sites such as YouTube and Yelp, where people are posting about their workplace experiences.”

You can catch the full interview (5 minutes) here.

Boston program on therapeutic jurisprudence, Friday, April 11

Therapeutic jurisprudence (or “TJ”) is a school of legal thought that examines the therapeutic and anti-therapeutic properties of law, legal systems, and legal practice. On Friday, April 11, the New Workplace Institute will host a free morning-to-afternoon workshop for lawyers, law faculty, and law students, “The Study and Practice of Law in a Therapeutic Key: An Introduction to Therapeutic Jurisprudence.” It will be held at Suffolk University Law School in downtown Boston.

The workshop will feature two panels and a luncheon, covering applications of TJ to legal writing & drafting and various practice areas. It will feature, among other notables, law professor David Wexler, one of the co-founders of therapeutic jurisprudence.

I’ll be posting full information and registration info on this blog. In the meantime, if you’d like to explore the vast TJ literature, please go to the website of the International Network on Therapeutic Jurisprudence. I’ve written about TJ in many blog posts; go here to read more.

The first issue of Bearing Witness is now available online

And speaking of good works and the law, during the past year, I’ve been serving as faculty advisor to a terrific group of Suffolk law students who are starting a new, non-traditional journal, Bearing Witness: A Journal on Law and Social Responsibility. In a departure from the law journal norm, Bearing Witness features short articles & essays, art & photography, short stories, and poetry.

The inaugural issue has been published, and I couldn’t be more pleased and proud of these students. For a flip book of the first issue, go here. And if submitting an article or artistic work for possible publication appeals to you, go to the journal webpage for more information.

I contributed an essay to the inaugural issue, “If It Matters, Write About It: Using Legal Scholarship to Effect Social Change.” You may download a pdf copy here.

Subscribe to this blog

If you’d like to receive new Minding the Workplace articles in your inbox, you may subscribe freely by going to the top right hand column of this blog and providing an e-mail address. I do not sell, rent, or otherwise distribute e-mail addresses of subscribers.

Follow

Get every new post delivered to your Inbox.

Join 1,102 other followers

%d bloggers like this: