Ariana R. Levinson's blog
Carl A. Warns Jr. Labor & Employment
Call for Proposals and Manuscripts
The Twenty-Ninth Annual Carl A. Warns Jr. Labor &
Employment Law Institute invites you to submit a proposal to speak on a labor
law or employment law topic. We are accepting proposals on important or cutting-edge developments on issues that are relevant to practitioners. Some suggested topics are: wage and hour issues involving independent contractors and the Internal Revenue Service, the Dukes decision and class actions in employment law, and issues involved in advising those engaged in
non-traditional service relationships, rather than traditional employment
relationships, about their contracts.
The Institute will take place on June 21 & 22, 2012, at
the Downtown Marriott in Louisville, Kentucky.
Attendees will be a nice blend of practitioners, public servants, and
professors. If you are unfamiliar with Louisville, it is a great place to spend a few days. More
information is available at http://www.gotolouisville.com/index.aspx.
Proposals must be submitted by midnight Friday, December 30. Based on your proposal, you may receive an invitation to speak at the Institute. Speakers at the Institute will also have the opportunity to submit a manuscript that will be published in the University of Louisville Law Review
Warns Institute Colloquium Issue, subject to space availability, a review of
quality, and entrance into and compliance with the University of Louisville Law
Review Author Agreement. Manuscripts will be due March 1, 2011. Selection of
manuscripts for publication will occur in April. All speakers must ultimately have some type of written material, such as an outline, article, or work in progress to
include with the conference materials.
Please submit your proposals to Ariana Levinson at firstname.lastname@example.org and copy Elisabeth Fitzpatrick at email@example.com. There is no page limit or standard format for proposals although a short succinct proposal is preferred. You are welcome to send draft manuscripts in addition to your proposal, if you desire.
Toward a Cohesive Interpretation of the Electronic Communications Privacy Act for the Electronic Monitoring of EmployeesPosted March 29th, 2011 by Ariana R. Levinson
I have just posted a draft of my article, "Toward a Cohesive Interpretation of the Electronic Communications Privacy Act for the Electronic Monitoring of Employees," forthcoming in volume 114 of the West Virginia Law Review on SSRN. Here is the abstract.
Professor Levinson proposes a cohesive interpretation of the Electronic Communications Privacy Act (ECPA) designed to protect employees' fundamental right to privacy in their electronic communications. The difficulty of new technology outpacing the law's ability to protect employees' privacy from electronic monitoring by employers is widely acknowledged. Yet, scholars have generally overlooked or dismissed the potential of the ECPA to provide privacy protection for employees in the electronic workplace, calling instead for reform through the legislative process. Nevertheless, despite increasing calls from a broad range of entities for stronger privacy protections, passage of new legislation designed to adequately protect employees is, at best, not close at hand, and, at worst, unlikely. On the other hand, several recent cases suggest that the courts are beginning to interpret the ECPA in ways that accommodate the changes in technology. Indeed, despite the admittedly limited scope of its coverage, the ECPA can and should be interpreted to provide employees some significant level of protection for their electronic communications. This article describes the details of how this can be done.
I had the pleasure of serving as the moderator for a panel last week, at the Fourth Annual ABA LEL Section Conference, entitled "The Art of ADR Advocacy and When to Ignore Your Basic Instincts." On the panel were four highly experienced and knowledgeable neutrals, Vivian Berger, Susan Grody-Ruben, Mark Irvings, and David Weisenfeld, whose bios are attached. Also attached are the questions addressed and the outline for the presentation (which includes some of Vivian's insightful thoughts) as well as the papers or outlines submitted by me and the other panelists.