2020 Colloquium on Scholarship in Employment and Labor Law

Image: 2020 Colloquium on Scholarship in Employment and Labor Law

October 8 – 10, 2020

The Colloquium on Scholarship in Employment and Labor Law is an annual conference where scholars present their in-progress works to their colleagues and receive invaluable feedback as they write their impactful and cutting-edge articles. The conference draws scholars from major law schools across the country and welcomes those who are new to the field or who are experts in other fields writing at the intersection of their own area of expertise and labor or employment law. The Fifteenth Annual COSELL will be held online, hosted by the University of Louisville Brandeis School of Law.

Microsoft Teams

COSELL 2020 will use Microsoft Teams for all sessions. You may use the web version of Teams, but we recommend that you download and install the desktop version. If you are presenting at COSELL 2020, watch this video to learn how to share your screen in Microsoft Teams.


All times EDT.

Using American Factory as a Teaching Tool

American Factory Intro


Teaching Tip: 8(a)(1) & (3)

Teaching Tip: 8(a)(2)

Teaching Tip: Wage and Hour

Teaching Tip: OSHA

Welcome and Logistics
Professors Ariana Levinson and JoAnne Sweeny
Derby Room
8:45 AM
Session I – Concurrent Panels

Discrimination and Legal Models
Woodford Room
— Moderator: Evan Conder
Katie Eyer, The But-for Principle in Anti-Discrimination Law
Tristan Green, Spatial Features and Discrimination
Matthew Seipel, Attempted Employment Discrimination
Deborah Widiss, Proving Discrimination by the Text

Organizing the Unprotected
Four Roses Room
— Moderator: Kerby Standifer
Louis Cholden-Brown, Unionizing the Chambers of Government
Andrew Elmore, Franchisor Vertical Restraints and Joint Employment
Michael Oswalt, Liminal Labor Law
Jacki Silbermann, Organizing for Morality in High Tech: Exploring a Normative Framework for Expanding Worker Collective Action

Lawyers and Other Professionals
Bulleit Room
— Moderator: Paige Ezell
Elizabeth Ford, Cooperative Litigation Funding
Alex Long, What the Americans with Disabilities Act (and Employment Law More Generally) Has to Teach Legal Employers About Lawyer Well-Being
John Towers Rice, Learned in the Law: Competence and Law as a Profession
Natalya Shnitser, Professional Employer Organizations

9:15 – 10:45 AM
Session II – Concurrent Panels

Structural Discrimination Issues
Woodford Room
— Moderator: Leah Scharff
Dallan Flake, Protecting Professional Athletes from Spectator Harassment
Joseph Seiner, Sexual Harassment, Equitable Tolling and Public Health
David Simson & Angela Onwauchi-Willig, Griggs v. Duke Power Co. — Critical Race Judgments
Daiquiri Steele, In Defense of Opening the Floodgates

Health and Safety/COVID
Four Roses Room
— Moderator: Evan Conder
Miriam Cherry, Gig Workers as Essential Workers
Ruben J. Garcia, The Human Right to Workplace Safety in a Pandemic
Nancy Modesitt, OSHA & COVID

Empirical Research
Bulleit Room
— Moderator: Sarah Pennington
Charlotte Alexander & William Van Cleve, Text Mining for Bias: Gender-Based Differences in Recommendation Letters
Rachel Arnow-Richman, James Hicks & Steven Davidoff Solomon, CEO Contracts Post-MeToo
Blair Druhan Bullock, Frivolous Floodgate Fears?
Ariana Levinson, Labor Arbitrator’s Use of "Precedent"

11:00 AM – 12:30 PM
Keynote and Lunch
Terrance A. Sullivan, Executive Director, Kentucky Commission on Human Rights, Human Rights Enforcement in Our New Reality
Derby Room
1:00 – 2:30 PM
Session III – Concurrent Panels

A Bigger Picture: Workplace Sexual Discrimination and the Role of Work Contracts
Woodford Room
— Moderator: Sarah Pennington
Shirley Lin, Bargaining for Survival
Orly Lobel, The Contract Thicket: Addition and Supra Addition in Private Law Theory
Robin Runge, What a Feminist International Labor Standard Can Teach the U.S. About Addressing Sexual Harassment in the Workplace
Naomi Schoenbaum, Unsexing Breastfeeding

Comparative and International Perspectives on Labor and Employment Law Issues
Four Roses Room
— Moderator: Will Jones
Tequila Brooks, Access to Justice in Central America: A Comparison of Three Petitions Filed under CAFTA-DR Regarding Application of Labor Law in the Dominican Republic, Guatemala and Honduras
Ana Ermida & Cesar Rosado Marzan, Sectoral Bargaining Through Wage Boards: U.S. Ambitions and Uruguayan Reality
Jedidiah Kroncke, The Converging De-Democratization of the Modern Workplace in China and the United States
Yiran Zhang, Rethinking the Global Governance of Migrant Domestic Workers: A Heterodoxy Case of Informal Filipina Workers in China

The Impact of Technology on Employment
Bulleit Room
— Moderator: Melissa Kapsalis
Matthew Bodie, Employee Testing, Tracing and Disclosure as a Response to the Coronavirus Pandemic (with Michael McMahon)
Jarod Gonzalez, Stop Before It Starts: Regulating Employee Microchipping in the COVID-19 Era
Jonathan Harris, Compensating and Retaining Workers Displaced through Automation
Pauline Kim, Race-Aware Algorithms: Fairness, Nondiscrimination and Affirmative Action

3:00 – 4:30 PM
Virtual Happy Hour
Please choose from one of four available Happy Hour rooms:
Mint Julep
Old Fashioned
5:00 – 6:00 PM
Awards Presentation
Derby Room
6:00 PM
Derby Room
8:30 AM
Session IV – Concurrent Panels

Fresh Looks at Recurring Labor and Employment Law Issues
Woodford Room
— Moderator: Cara Crecelius
Stephanie Bornstein, The Racial Pay Gap
Kaiponanea Matsumura, Breaking Down Status
Ewan McGaughey, The Functions of Job Security
Elizabeth Tip: pett, Reckoning with the Master Servant Doctrine in American Employment Law

Regulating the Workplace — What Works and Why?
Four Roses Room
— Moderator: Robert Ranney
Guy Mundlak, Compliance and Organizations
Ryan Nelson, A Deterrence-Based Framework for Workplace Law Liability
Suja Thomas, The Customer Caste: Lawful Discrimination by Public Businesses

Legal Reform and the Intersection with Areas of Law
Bulleit Room
— Moderator: Kirsten Parker
Micah Barry, Mandated Reporter Protections: Missing in Georgia
Israel Goldowitz, Public Pension Reform: Can the Kentucky System Be Saved?
Leslie Lopez, The Impact of Charter Schools on Civil Service
Frances Olsen, Ludlow Massacre and the Aftermath

8:45 – 10:15 AM
Session V – Concurrent Panels

Critiquing Legal Tools for Combatting Workplace Discrimination
Woodford Room
— Moderator: Kerby Standifer
Ann McGinley & Nicole Porter, Bostock’s Coattails: Friend, Trojan Horse, or Both?
Jennifer Bennett Shinall, The Myth of Mandatory Preferences
Sandra Sperino, Evidentiary Inequality
Steven Willborn, Transparency and Reliance in Antidiscrimination Law

Labor and Social Movements
Four Roses Room
— Moderator: Kirsten Parker
Catherine Fisk & Diana Reddy, Protection by Law, Repression by Law: Bringing Labor Back into the Study of Law and Social Movements
Michael Green, Seeking Activist Police Arbitrators
Jamillah Williams, Maximizing #MeToo: Intersectionality and the Movement
Rebecca Zietlow, A Third Reconstruction for Workers

10:30 AM – 12:00 PM
Wrap-Up and Goodbyes
Derby Room
12:15 PM


Main Concurrent Sessions Happy Hours

Derby Room

Woodford Room

Four Roses Room

Bulleit Room

Mint Julep
Old Fashioned



Abstracts Due: August 31, 2020

Upload your abstract using the widget below. You may view and download others' abstracts on our COSELL Abstracts page.

Contact Us

Tracie Cole