Labor and Employment Law Capstone – 6405
The scope of the Capstone Course in Labor and Employment Law was developed in consultation with a national advisory group of attorneys, appointed by the American Bar Association Labor and Employment Law Section, and labor and employment law professors from around the country. This group identified the legal knowledge, practice skills and professional issues most important to prepare new attorneys for labor and employment law practice. The course is largely simulation-based. It will provide students with direct experience integrating diverse areas of workplace law with practice skills and professional ethics. Students will be assigned to work with a team of other students representing a particular client. The roles of clients and witnesses will be played by a combination of actors and volunteers. Real arbitrators and mediators will play those roles and claims may be brought to certain actual federal administrative agencies. The client’s student attorney team will decide what and how to pursue potential claims or how to defend claims brought against the client. Claims may include unfair labor practice proceedings before the National Labor Relations Board, employment discrimination and sexual harassment charges before the Equal Employment Opportunity Commission and in litigation, arbitration of employee discipline under a collective bargaining agreement, arbitration under non-union employment contracts, defamation, and claims under the Family and Medical Leave Act and ERISA. During the term, students may experience interviewing and counseling clients, filing claims with administrative agencies, conducting research in labor and employment law, drafting pleadings and legal memoranda, negotiations, engaging in discovery, and representing clients in arbitration, mediation and litigation motion practice. Much of the students’ work will be self-directed, but classroom sessions will offer opportunities for instruction and coaching of student performance of practice skills from experienced labor and employment attorneys. Class sessions may be scheduled for times other than the time that appears on the course schedule. The course will be co-taught by Adjunct Professor Karen Schanfield, an experienced labor and employment attorney with the Fredrikson & Byron law firm. In the unlikely event that the course is over-subscribed, preference in enrollment will be given to students who have taken the largest number of labor and employment law courses. Credits for the course may be applied toward satisfaction of the requirements for the Concentration in Labor and Employment Law.