Category: Labor & Employment

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Legal Outsourcing: The Endangered Associate

For the past 30 years United States manufacturing jobs have been outsourced to foreign countries as a means to save both time and money. [1] Long thought to be immune from outsourcing, American workers in the service industry have also recently been replaced by cheaper, foreign workers. [2] For example, customer service and technical support telephone numbers are often rerouted to call centers in India. [3] As service providers themselves, should lawyers and law student be worried that they may be replaced by a cheaper alternative? Is there a substitute for seven years of higher education and a degree worth six figures in student loans? In actuality, there is, and in-house legal departments and law firms alike are taking advantage of the opportunity.

The Dallas law firm Bickel & Brewer began the phenomenon of outsourcing legal work in 1995 when they realized they could hire a lawyer in India to … Read the rest

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Diversification in Corporate Law

I. Introduction

In today’s world where every law firm claims to value diversity throughout
their ranks and prioritize it as a top concern in recruiting, it is easy to
forget that even in the 1960s, Secretary of Labor Willard Wirtz called the
American legal profession “the worst segregated group in the whole
economy.”  [1] According to a 2003 American Bar Association study,
slightly more than 89% of all lawyers in the nation are white.  The
overall numbers of women and minorities at the associate level are improving
substantially, but the odds of making partner stay low. [2]  Lawyers of
color account for less than 5% of partners in all of the largest American law
firms, according to the National Association for Law Placement.  [3] White
males have five times better odds than women of making partner, and seven times
better than Asian-Americans or African-Americans. [4] Minority-owned firms
provide a greater … Read the rest

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First Year, Second Chance

For eleven stellar seasons, the CBS hit “The Jeffersons” told the hilarious story of George and Weezie, who had moved on up the socio-economic ladder to “a deluxe apartment in the sky.” [1]  In contemporary legal education, a growing phenomenon parallels George and Weezie’s desire to get a “piece of the pie.” [2] This article will examine the trend of the transfer law student in addition to the successes, complications, and possible prejudices experienced by transfer students in securing employment.

For many prospective law students, the application process ends in heartbreak. One’s entire life is broken down into discrete components by way of an LSAT score and GPA. Many cannot help but see their self-worth reflected, for better or worse, by such abstract enumerations. As these numbers are the primary considerations in law school admissions, poor scores can have the potential to bar applicants from admission to their ideal schools.

… Read the rest
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Evolution of Maternalism in Corporate Law

I: Introduction


During the uncertain times of World War II,
Harvard University’s president was interviewed concerning the condition
of the law school. He stated that it wasn’t bad as he had expected,
given the war-time circumstances: “We have 75 students, and we haven’t
had to admit any women.” [1]


One would think that the legal industry would have
made giant strides towards remedying such primitive opinions. On the
contrary, a recent Harvard Law survey of large corporate firms found
that some male lawyers still drop pencils under boardroom tables as an
excuse to look at women’s legs, and take clients to strip clubs where
their female colleagues feel unwelcome. [2] Fortunately, not all firms
tolerate such behavior. This article aims to examine the obstacles
facing women and mothers in the field of corporate law, and what
actions some firms are taking to alleviate their unique burdens. 


II: Is the Glass … Read the rest

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A Penny for Your Pounds: U.S. Companies are Paying Overweight Employees to Get into Shape

I. Introduction

The Zone, Atkins, liposuction, colonics, the
liquid diet…  Many people have tried and failed at losing those last
five pounds.  However, would the effort be less frustrating if someone
offered you money to lose weight?  Employers across the U.S. have
noticed problems associated with overweight employees, and they are
hoping that monetary incentives will solve the problems.  This article
will first examine the rising healthcare costs in the workplace.  It
will then focus on employer efforts to combat these costs.  Finally,
the article will explain some cautionary steps that employers should
take when implementing weight loss efforts.   

II. America's Rising Healthcare Costs

Obesity is a serious problem plaguing Americans.  About every ninety
seconds, obesity claims a life.  [1]  Not only does obesity affect
one's quality of life, it also has serious implications in the
workplace.  Employers incur huge costs related to their overweight
employees.  "On average, at

… Read the rest
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Pestilence, War, Famine, Death…and Unemployment?: An Analysis of the Internet Message Boards’ Impact on Law Firm Recruitment

I: Common Sense is Not So Common    

Polished black shoes. Dry-cleaned charcoal gray suit. Freshly pressed royal blue dress shirt. Red power tie. I ran through this checklist for every on-campus interview and call back interview this fall. Emails from my Career Services Office reinforced this sartorial splendor constantly. Eventually I began to notice that the CSO included several new items. “Make sure your Facebook and MySpace profiles do not have/reveal anything incriminating about you. Employers will check before an interview.” Come again? The hiring partner of a Vault 100 firm is going to “friend” me?

As incredulous as I was, I began to see this advice echoed throughout a variety of mediums. As TheNew York Times reported: “…recruiters are looking up applicants on social networking sites like Facebook, MySpace, Xanga and Friendster, where college students often post risqué or teasing photographs and provocative comments about drinking, recreational

… Read the rest
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Mothers Need Not Apply: Obstacles Facing Women in the Hiring Process

I. Introduction

Business-oriented
firm seeks attorney with strong securities experience to handle
sophisticated mergers & acquisitions work.  The firm's clients
range in size from start-up/emerging growth to middle market and large
public companies.  The ideal candidate has sophisticated experience,
preferably working with publicly-held companies.  Mothers with young children need not apply.

II. Analysis

In this day and age such an advertisement would never appear because
employers know it is illegal to engage in discriminatory practices
against mothers.  Or is it?  While federal laws prohibit employers from
inquiring about an applicant's marital status, only twenty-two states
and Puerto Rico specifically prohibit employers from asking about an
applicant's marital status. [1]  This means employers in twenty-eight
states can ask applicants if they are married or if they have
children.  This article examines the problems these interview questions
create, what can be done to curb these problems, and the future for
employers and

… Read the rest
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“The Irony of All of This, Is that They Failed to See the Irony of All This.”[1]

An Analysis of the Struggle Between American Law Schools and the Recruiters of the Department of Defense and the Judge Advocate General Corps. 

By: Collin F. Delaney, Editor*

*In the interest of full disclosure, the author accepted an offer to serve in the Air Force Judge Advocate General Corps’ Summer Intern Program in May-August of 2007. The views expressed in this article are solely those of the author.

I: Dear Abby

It was none other the iconic American advice columnist Dear Abby who noted, “fighting fire with fire only gets you ashes.”[2]. Despite the truth to Dear Abby’s statement, much of the United States’ social policy fails to heed this advice so readily accessible in our daily newspapers. Centuries of racial discrimination in this nation was perplexingly countered with affirmative action and other forms of racial quotas. Apparently, lawmakers felt that implementing prejudicial policies would be the best way to

… Read the rest
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“Look for the Union Label”: Are Immigrants the Key to Union Survival?

I. Introduction

The
importance of labor unions has diminished as membership rate has
declined from 20.1 percent in 1983.  [1]  According to the U. S.
Department of Labor's Bureau of Labor Statistics, 12.0 percent of
employed wage and salary workers were union members in 2006, down from
12.5 percent a year earlier.  [2]  Given the declining numbers, some
unions are looking to the 12 million undocumented workers in America. 
[3]  Eliseo Medina, vice president of the Service Employees Union
(SEIU), says "[t]here's no question we are going to have to organize
and bring immigrants into our ranks, [i]f we don't, we are going to
become irrelevant because we are not going to be representing the work
force."  [4]

II. Analysis

In
light of the changing makeup of America's workforce, unions have taken
different positions regarding the unionization of immigrants,
especially those who are illegal.  Union leaders supporting President
Bush's guest-worker

… Read the rest
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From M-16s to the F.R.C.P. : The 11th Circuit’s USERRA Blunder

I: Introduction 

    On June 19, 1879, General William Sherman famously declared that war is hell. [1]. It is undeniable that war demands great sacrifices from those who serve. In 1994, Congress sought to mitigate the depth of such sacrifices through the enactment of the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). The USERRA’s purpose is two fold: prevent employment discrimination against those who have served in the military and secure the reemployment of military servicepersons. [2]

    The 11th Circuit erred in its interpretation of the USERRA in deciding the matter of Coffman v. Chugach. [3]. The ultimate holding was correct in light of the recognition of the plaintiff’s failure to establish a prima facie case. Despite this, the court’s method of arriving at its conclusion failed to establish an acceptable standard for future courts to follow.

II: The USERRA

 The USERRA was born

… Read the rest