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Employment Law

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Forthcoming: Pre-Order Now

The Law Clerk Handbook provides an overview of law clerk responsibilities, chambers operations, and the work of the federal courts. Potential and current law clerks, as well as their colleagues, will find helpful information on conduct, ethics, types of federal court litigation, chambers and case management, court governance and administration, legal research and writing, and resources for additional information on these topics.

The PDF of the Law Clerk Handbook is available below. Requests for the print version will be filled when it becomes available. 

Forthcoming: Pre-Order Now

This pamphlet provides an overview of law clerks’ ethical obligations as well as resources they can consult for further information. It covers topics such as confidentiality, conflicts of interest, political activities, online activities, and gifts, and includes examples that illustrate challenges law clerks may face. It also has an Ethics Checklist for Federal Judicial Law Clerks, which helps law clerks identify ethics problems that may arise.

The 2019 revised fourth edition will include the new provisions in the Code of Conduct for Judicial Employees that were approved by the Judicial Conference of the United States on March 12, 2019. Prepublication orders are being accepted, and will be filled as soon as print copies are available.

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This report is a study of a discovery pilot testing pattern initial disclosures in adverse action employment cases. Compared to a sample of similar cases, pilot cases did not have shorter disposition times but did have fewer discovery motions.

For the 2015 evaluation, see Report on Pilot Project Regarding Initial Discovery Protocols for Employment Cases Alleging Adverse Action (October 2015). For the pilot materials, see Pilot Project Regarding Initial Discovery Protocols for Employment Cases Alleging Adverse Action (November 2011).

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In her introduction to these informative videos, Judge Rebecca Pallmeyer of the Northern District of Illinois describes employment discrimination law as one of the most dynamic fields of federal law. Together Judge Pallmeyer and Judge Bernice Donald of the Sixth Circuit Court of Appeals examine examples and interpretations of Title VII of the Civil Rights Act of 1964 and the various amendments and federal statutes that have expanded protections to various protected classes.

At the heart of the discussion is the defining of seven key terms of art: discrimination, causation, harassment, accommodation, retaliation, conciliation, and remediation.

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The Initial Discovery Protocols for Fair Labor Standards Act Cases Not Pleaded as Collective Actions (Initial Discovery Protocols) provide a new pretrial procedure for certain types of Fair Labor Standards Act (FLSA) cases. These protocols, developed by a committee of attorneys experienced with FLSA matters, are meant to “encourage the parties and their counsel to exchange information and documents early in the case, help frame the issues to be resolved, and plan for more efficient and targeted discovery.” 

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This repository of materials was developed as a companion to the manual, Navigating Chapter 9 of the Bankruptcy Code, to provide courts with examples of case documents and other resource materials related to issues likely to arise in Chapter 9 cases. Documents are included from cases filed by variety of debtors: cities, townships, and counties; medical-related entities, such as county hospitals and authorities; and political subdivisions, such as sanitary and improvement districts, water districts, and off-track betting authorities.

The materials have been placed into the following categories. Some documents relating to multiple categories have been placed in the most relevant categories and cross-references are made between the categories. Some significant documents have been put into more than one category.

We welcome suggestions about other materials that may be helpful to courts for inclusion in the Chapter 9 repository. Please send your ideas and materials to Beth Wiggins at ch9bankr_repository@fjc.gov.

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This page includes an annotated list of resources and cases related to the pension and labor issues found in many Chapter 9 cases. Also included are some illustrative pleadings and briefs that help elucidate the issues and competing interests that may be involved.

Labor and Pension Obligations is one of several Chapter 9 Online Repository categories.

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A brief report on case-processing times, case outcomes, and motions practice in employment discrimination cases included in a pattern discovery pilot, compared with a nationwide random sample of similar cases. The report finds that case-processing times did not differ between the pilot and comparison cases, but that motions practice was greater in the comparison cases.

For a subsequent study, see Report on Pilot Project Regarding Initial Discovery Protocols for Employment Cases Alleging Adverse Action (October 2018). For earlier work by the Employment Protocols Committee, see Pilot Project Regarding Initial Discovery Protocols for Employment Cases Alleging Adverse Action (November 2011).

Six of the nation's top legal scholars discuss and analyze the decisions of the U.S. Supreme Court's 2014–2015 Term that are most likely to affect the work of federal judges in the coming years. Free speech, same-sex marriage, criminal law, search and seizure, patent and trademark, and bankruptcy decisions are among the topics explored and explained.

In Print: Available for Distribution

An examination of the substantive and procedural provisions of Title VII of the Civil Rights Act of 1964. This fifth edition discusses the many and varied developments in the law through June 2011. The field of employment discrimination law continues to expand to cover new forms of discrimination and additional employment practices. Both new judicial decisions and new legislation have addressed the issues in this field in increasing detail. The book covers such issues as claims of disparate treatment and disparate impact, affirmative action, and discrimination on the basis of sex, national origin, and religion. Other federal remedies for employment discrimination are also discussed. A bibliography of works the author considers most useful to judges and lawyers in the field is included.

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