Year’s end contemplations

Holiday lights on the Boston Common

Dear readers, I thought I’d offer this late December posting with several reflections and looks ahead. Wherever this holiday season finds you in location or spirits, I wish for you a good and healthy 2018. And thank you for your readership of this little blog.


As the year comes to a close, I am more convinced than ever that preventing, stopping, and responding to all forms of interpersonal abuse is one of the most important objectives we can pursue, individually and as a society. My original base of understanding this assertion has been the world of work, where bullying and mobbing behaviors wreak havoc on psyches, livelihoods, and careers.

This worldview has been enhanced by my association with groups such as Human Dignity and Humiliation Studies and the therapeutic jurisprudence network — the latter soon to publicly debut the new International Society for Therapeutic Jurisprudence. Through these groups, scholars, practitioners, activists, and artists are striving to build a world that positively embraces human dignity as a primary good. My friends and colleagues from these communities, as well as others I’ve met along life’s course, have helped me to understand how abuse occurs in so many other settings, including within families, relationships, and institutions of all kinds.

We’ve got our work cut out for us, but is there a better societal goal than the advancement of human dignity?


Maureen Duffy & David C. Yamada, eds., Workplace Bullying and Mobbing in the United States (ABC-CLIO, 2018) –Publication of our two-volume book set has been slightly pushed back until late January. Featuring over two dozen contributors (including a Foreword by Dr. Gary Namie of the Workplace Bullying Institute) and clocking in at some 600 pages, the project deliberately takes a U.S. focus in order to consider the unique aspects of American employment relations. We’ve done our best to deliver a resource useful for scholars and practitioners alike, and we can’t wait to see the published version!

David C. Yamada, “Homecoming at Middle Age,” The Cresset (2017) — In the fall of 2016, I returned to my undergraduate alma mater, Valparaiso University in northwest Indiana, to participate in homecoming activities and to spend a few extra weeks on campus as a visiting scholar, working on the book project above. The extended visit marked the 35th year since my college graduation, and it prompted a flood of collegiate memories and reflections on how events of that time — personal, national, and global — remain relevant today. I gathered some of them in an essay just published in The Cresset, the university’s “review of literature, the arts, and current affairs.”

Coming soon…

The International Society for Therapeutic Jurisprudence (ISTJ) is a new, non-profit, membership-based learned association devoted to advancing therapeutic jurisprudence, an interdisciplinary school of philosophy and practice that examines the therapeutic and anti-therapeutic properties of laws and public policies, legal and dispute resolution systems, and legal institutions. Our opening event was a founding meeting in July 2017 at the International Congress on Law and Mental Health, held in Prague, Czech Republic. Several dozen people from around the world filled a meeting room to discuss plans for this new organization, and the combined energies created a palpable sense of enthusiasm and engagement.

Since then we have been filing our articles of incorporation and application for tax-exempt charitable status, as well as assembling our website with the ability to accept membership dues and featuring a forum page in which members can post information and commentary. As the initial board chairperson of the ISTJ, I am excited about the possibilities to come for this organization and its founding members.

Dr. Edith Eger’s “The Choice”: On trauma and healing

Over the weekend I made a quick trip to the Bay Area to participate in a conference organized by the Western Institute for Social Research, on whose board I serve. The focus of the conference was on trauma, recovery, and storytelling, and it packed a wallop of heart and wisdom. Among the many highlights was a keynote address by Dr. Edith Eva Eger, a Holocaust survivor, trauma therapist, and genuine international treasure.

“Dr. Edie,” as she is known, survived the Auschwitz and Mauthausen concentration camps as a teenage girl. In her new book, The Choice: Embrace the Possible (2017), she recounts the major events of her life, framed by her experiences during the war. She takes us through the many steps of her recovery and healing, and then to her work as a therapist helping others who have experienced significant trauma in their lives. Her keynote address was a mini-version of the stories shared at greater depth in The Choice.

I was so moved by Dr. Edie’s presentation that I read her book cover-to-cover during the long flight back from San Francisco to Boston. For anyone who is dealing with psychological trauma or otherwise wants to understand more about supporting those who are experiencing it, I cannot recommend this intelligent and deeply humane book too highly. I believe it will be very helpful to those who are recovering from bullying and mobbing at work. 

The Choice may remind some readers of Viktor Frankl’s classic, Man’s Search for Meaning, and with good reason. Frankl, too, survived Auschwitz and wrote about it. Moreover, as a leading therapist he would later befriend and mentor Dr. Edie. This friendship is warmly recounted in her book.


I had a chance to talk to Dr. Edie during Saturday’s conference events, and getting to know her was such a gift. During the evening session, I had the intimidating task of immediately following her moving and insightful keynote remarks with my presentation about workplace bullying and mobbing. I confessed my nervousness about comparing the eliminationist instinct that fueled the Holocaust to that manifesting itself on a much smaller scale in workplace abuse situations, especially in the presence of someone who had survived the horrors of Nazi concentration camps. When I finished, Dr. Edie applauded enthusiastically and gave me a nod of approval. Yup, her opinion of my presentation meant so much to me that I looked to her as soon as I was done. Sometimes, connections made during a mere day in someone’s presence can be so profound and good.

On racism and bias: Research confirms that Rodgers & Hammerstein got it right

In the aftermath of the Charlottesville, Virginia, white supremacist rally, the Washington Post‘s William Wan and Sarah Kaplan set out to learn about the science behind racism and bias. Here’s an answer from one social psychologist they interviewed:

“In some ways, it’s super simple. People learn to be whatever their society and culture teaches them. We often assume that it takes parents actively teaching their kids, for them to be racist. The truth is that unless parents actively teach kids not to be racists, they will be,” said Jennifer Richeson, a Yale University social psychologist. “This is not the product of some deep-seated, evil heart that is cultivated. It comes from the environment, the air all around us.”

And here’s more from another psychology prof:

“An us-them mentality is unfortunately a really basic part of our biology,” said Eric Knowles, a psychology professor at New York University who studies prejudice and politics. “There’s a lot of evidence that people have an ingrained even evolved tendency toward people who are in our so-called ‘in group.’”

But how we define those groups, and the tendency to draw divisions along racial lines, is social, not biological, he added. “We can draw those lines in a number of ways that society tells us,” he said.

…“The most likely predictor of that is exposure to a kind of ideology,” Knowles said. Most if not all people carry implicit biases and unexamined prejudices, he said, and some may harbor feelings of fear or resentment that they don’t express in public.

These insights are important, and kudos to these reporters for presenting a scientific perspective on the racism that motivated this horrible event. As helpful as this research is, however, it only reaffirms what some folks have known for years: That bigotry and bias are taught and reinforced by society.

In fact, if you want a more pop culture approach to this basic postulate, go back to the classic Rodgers & Hammerstein musical “South Pacific,” which opened on Broadway in 1949 and was later made into a movie in 1958. Set on a South Pacific island during World War II, the show deals with serious issues of race and color and was considered quite controversial for its time. One of the numbers, “You’ve Got To Be Carefully Taught,” is about how people learn racist beliefs and intolerance. Go here or click above for a snippet of the song from the movie version.


Related note: The Bloomberg/BNA Daily Labor Report interviewed me about the employment law implications of the Charlottesville rally in this piece, “Can You Fire Someone for Attending a Rally of Racists?”

“What are they working on?”

Busy Saturday afternoon in Bates Hall reading room, Boston Public Library, Central Branch

One of my favorite places in Boston is the Central Library of the Boston Public Library (BPL). It is a beautiful, historic place that happens to be a great spot to work and study and to discover and explore books. It also has adapted to the times and offers lovely places to enjoy coffee and a bite to eat.

On Saturday I had some work to do, so I hopped on the subway to the library and found a seat in the sumptuous Bates Hall reading room. I snapped the photo above during a break. Whenever I work in Bates Hall, I like to gaze around at fellow library patrons and silently ask myself, What are they working on? 

On days like Saturday, college students clearly make up the largest category of BPL users, with textbooks and laptops visible on the tables. But you also see folks who are working on stuff that appears to have nothing to do with school. For example, sitting across from me today was a man who was carefully writing out pages in longhand; unlike most people, he didn’t have a computer or tablet with him. I wonder if people like him are working on something we may read or hear about someday, or whether it’s just their own little private projects.

The main reason for my visit was far more mundane. I was there to read and send feedback on student paper outlines and drafts. I could’ve stayed home or gone into the office to do that work, but sometimes the change of scenery makes me more productive and focussed. On Saturday, it worked, with an assist from the library’s public wifi so slowed down by the number of users in the building that it discouraged Internet surfing.

At times I will truly show my geek colors by picking a weekend afternoon to visit the BPL simply to hang out and read. I still subscribe to a lot of print magazines and periodicals, and on these occasions I will stuff a bunch of unread issues and maybe a book or two into my backpack and head off to the library for a reading mini-marathon. I’m not sure what it says about me that I take such pleasure in these visits, but I’m thankful for a place like this to host them.

The Central Library’s Italianate courtyard, during a visit earlier this winter

Lee Badgett: How can professors influence public policy?


How can professors harness their research and analysis to have a positive influence on public policy and law reform?

Dr. M.V. Lee Badgett provides answers to that question in her excellent book, The Public Professor: How to Use Your Research to Change the World. (NYU Press, New York: 2015). Lee Badgett is an economics professor and former director of the Center for Public Policy and Administration at UMass-Amherst, as well as a distinguished scholar at UCLA’s Williams Institute. She is a nationally recognized authority on the economic dynamics of sexual orientation.

Recently Lee spoke at Suffolk University as part of a faculty workshop series that I’m co-hosting, “From Public Policy Scholarship to Public Policy Impact.” Her terrific talk centered on how faculty can create scholarship-to-impact pathways for their work. Drawing from her book, she recommended “three pillars or practices” that should inform how academicians approach this task:

First, professors should have a “big picture view of the work that they do,” which fosters an understanding of “where their work fits into the [policy] decision making process.”

Second, professors should build networks and relationships for sharing their work beyond academe.

Third, professors should “learn to communicate well with lots of other audiences,” fashioning a “jargon-free message” that “taps into people’s values.”

Lee’s talk was just the tip of the iceberg. For any professor, independent scholar, student, or publicly-minded intellectual who wants valuable advice and guidance on how to use their scholarship to influence public opinion and public policy, this book is an important starting place.

Dr. M.V. Lee Badgett

Dr. M.V. Lee Badgett


Related articles

On this general topic, I’m happy to share two of my law review articles:

Intellectual Activism and the Practice of Public Interest Law.” (Southern California Review of Law and Social Justice, 2016) — This piece recounts experiences and offers lessons and advice from the work I’ve been doing during the past fifteen years, including workplace bullying, unpaid internships, and workplace dignity in general. Alas, I was unaware of Lee Badgett’s book when my article went into production, but you’ll find plenty of complementary advice between our two publications.

Therapeutic Jurisprudence and the Practice of Legal Scholarship” (University of Memphis Law Review, 2010) — This article offers a critique of the culture of legal scholarship and suggests four points toward creating a more publicly-engaged practice for scholarly work.

Related blog post

The social responsibilities of intellectuals at a time of extraordinary human need (2013)

A day of TEDx talks at Kent State University

With Mary Louise Allen at Kent State University, Ohio

With Mary Louise Allen at Kent State University, Ohio

On Saturday I was reminded of how much fun it can be to be back in school again, but without those pesky exams and term papers. A weekend trip to Ohio to see a dear friend included a visit to Kent State University for a day of TEDx talks sponsored by the school’s student government association.

The TED brand of lectures features a subject matter expert giving a short, punchy stand-up talk on a topic of compelling or emerging interest, closing with an instructive or inspirational message. The format has proven so popular that the TED organization now licenses other groups to host “TEDx” talks on topics of their own choosing, with the local host groups recruiting their own lecturers.

Kent State’s student government leaders took advantage of this opportunity to organize a day of TEDx talks on the broad theme of “Rewind. Rethink. React. Respond,” drawing mainly on the university community (educators, students, alumni/ae) for speakers. Personal development, entrepreneurship, and social change were recurring focal points throughout the day.


The Kent State event made for a great day of thinking and learning. My friend Mary Louise and I were among the, uh, more mature folks in attendance, the lion’s share of the audience being students. Nevertheless, many of the talks related easily to a more middle aged population as well.

This started with sociologist and entertainer Bertice Berry‘s opening remarks, which included a warm, funny story about an airport encounter with a woman whose demeanor and beautiful, blonde appearance initially pushed her insecurity buttons but quickly grew into a mutual understanding of how bad experiences and messages planted in us as kids can burden us well into adulthood.


In fact, two of my favorite speakers were among those who shared important experiences from their youth. Keri Richmond, a student leader at Kent State, talked about growing up in the foster care system and how her experiences have inspired her to advocate for foster children. Phil Kim, a business professor from nearby Walsh University, talked about being a high school dropout and the importance of giving people second chances. Another speaker, Krish Mehra, shared part of his childhood in real time, as this brilliant 11-year-old young man talked about the importance of understanding digital coding! 

For me, the day was one of being an appreciative listener. Usually when I write about conferences and workshops, I’m including my experiences as a speaker or participant. Here I had the luxury of being in the audience and appreciating the work of others, without having to worry about my own presentation! The rich variety of talks once again reminded me of the linkages of between individual and social change. They also reinforced how difficult personal experiences can lead people to become advocates for positive change.

Unpaid internships and the intern economy: Latest work


A look at unpaid internships and the intern economy

As steady readers here are aware, for many years I’ve been engaged in scholarship, public education, and advocacy concerning the oft-exploitative practice of unpaid internships. I’d like to provide a quick update on my latest activities in this realm.

I just posted to my Social Science Research Network (SSRN) page a short law review essay, “‘Mass Exploitation Hidden in Plain Sight’: Unpaid Internships and the Culture of Uncompensated Work,” a followup to an excellent symposium on employment law issues hosted by the Idaho Law Review last year. For those who would like a more compact scholarly summary of recent major legal and policy developments concerning the employment rights of interns and the larger implications of the burgeoning “intern economy,” this piece will provide it. You may freely download it from my SSRN page.

Brief filed by attorneys at Lieff Cabraser

Brief filed by attorneys at Lieff Cabraser

Wang v. Hearst Corporation is one of the most prominent legal challenges to unpaid internships, and the case is currently pending before the U.S. Court of Appeals for the Second Circuit. Recently I agreed to be a party to a “Friend of the Court” brief supporting the legal position of the unpaid interns, organized by the National Employment Law Project and authored by Rachel Geman and Michael Decker, attorneys at the law firm of Lieff Cabrasser in New York City. Rachel and Michael did a wonderful job on the brief, seamlessly incorporating suggested additions from parties into their already superb draft. (You may go to this link for a pdf of the brief.)

Enjoying post-filming dinner with Nathalie Berger and Leo David Hyde

Enjoying a post-filming dinner with Nathalie Berger and Leo David Hyde

Yesterday I had the pleasure of being interviewed for a documentary project on unpaid internships being produced by Nathalie Berger and Leo David Hyde of Switzerland. During a whirlwind North American trip, Nathalie and Leo are conducting interviews with activists, writers, policy analysts, and scholars on the social, economic, and legal aspects of unpaid internships. Their documentary will paint a picture of the intern economy on a global scale. I was so impressed with their knowledge and depth of understanding of this topic, and I’m very excited to watch this project unfold.

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