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Full-Text Articles in Legal Education
Employment Law Inside Out: Using The Problem Method To Teach Workplace Law, Rachel Arnow-Richman
Employment Law Inside Out: Using The Problem Method To Teach Workplace Law, Rachel Arnow-Richman
UF Law Faculty Publications
This Article, prepared for the Saint Louis University Law Review’s 2013 Symposium on Teaching Employment & Labor Law, explores the use of the problem method in employment law instruction. Drawing on my experience teaching the basic employment law course, I suggest that those areas of the field that require transactional lawyering skills are perhaps best taught contextually through a hypothetical problem, rather than through cases. Adopting the problem method in such circumstances not only gives students a richer understanding of the law and how it operates, but also the opportunity to cultivate problem-solving skills and professional judgment, thereby advancing the …
Employment As Transaction, Rachel Arnow-Richman
Employment As Transaction, Rachel Arnow-Richman
UF Law Faculty Publications
This piece offers a fresh perspective on the upper-level employment law class based on the theme of employment as transaction. Like much of law school, employment law is often taught from a public advocacy perspective in which the primary role of the lawyer is to vindicate workers' rights or responsively defend managerial action. As a doctrinal matter, however, courts are showing increased attention to the role of private ordering in defining workplace rights and assessing liability, even in regulatory areas. Courts routinely examine employers' efforts to redress unlawful behavior under antidiscrimination law and consistently sanction the use of arbitration agreements …