Home / Publications

Publications

Our attorneys regularly present at the annual and nationally renowned Employment Law Institute and Labor & Employment Law Institute. In connection with those and other events, our attorneys have published an array of material analyzing legal and policy developments as well as evaluating the latest litigation strategies.

Our attorneys also author articles featured in national symposia, prestigious law journals, and other prominent legal sources. A sample of the publications are below:

Books

"Special Considerations In Unionized Workplaces," in Hiring Handbook, 3rd Edition (Susan K. Fitzke et al., eds. 2024)
"Anti-Discrimination, Anti-Retaliation, And Anti-Harassment Provisions Under Disability Law," in The ADA Handbook: Employment Practices Under Title I of the Americans with Disabilities Act, 2nd Edition (Carl C. Lehmann, et al., eds. 2020)
"Special Considerations In Unionized Workplaces," in Hiring Handbook, 2nd Edition (Susan K. Fitzke and Margaret Luger-Nickolai, eds. 2019)
"Judicial Control And Sanctions," in Federal District of Minnesota Civil Practice Deskbook, 2nd Edition (David R. Crosby and Mary E. Schwind, eds. 2017)
"The National Labor Relations Act," in The Employment Law 60: The 60 Cases Every Employment Lawyer Must Know Inside And Out (2014)
"Special Considerations In Unionized Workplaces," in Job Applicant Screening: A Practice Guide (Susan K. Fitzke and Margaret Luger-Nickolai, eds. 2014)
"Judicial Control And Sanctions," in Federal District of Minnesota Civil Practice Deskbook (David R. Crosby and Mary E. Schwind, eds. 2014)
"Anti-Discrimination, Anti-Retaliation, And Anti-Harassment Provisions Under Disability Law," in The ADA Handbook: Employment Practices Under Title I of the Americans with Disabilities Act (Carl C. Lehmann, et al., eds. 2013)
"Overcoming Obstacles To Prosecuting Employment Discrimination Claims In The Twenty-First Century," in Inside The Minds: Representing Employees In Discrimination Cases (2012)
"The Law Against Harassment" and "The Law Against Retaliation," in Employment Law Handbook, 5th Edition (Judith K. Schermer, ed. 2008)

Law Journals

"Toward Systemic Equality: Reinvigorating A Progressive Application Of The Disparate Impact Doctrine," 43 Mitchell Hamline L. Rev. 102 (2017) (with Beth Belle Isle)
"The Promise Of The Minnesota Human Rights Act Denied: Kreuger v. Zeman Construction Company," 4 Mitchell J. L. & Prac. 4 (2011) (with Leslie Lienemann)
"The Law Of The Land In Labor Arbitration: The Impact Of 14 Penn Plaza LLC v. Pyett," 25 ABA J. of Lab. & Emp't L. 159 (2010) (with Nicole Blissenbach)
"ERISA Reform In A Post-Enron World," 39 Marshall L. Rev. 563 (2006) (with Meg Luger-Nikolai)
"Invigorating Labor: A Human Rights Approach In The United States," 19 Emory Int'l L. Rev. 1 (2005)
"Taking The Fork In The Road," 29 Mitchell L. Rev. 1069 (2003)
"Housing Matters: Why Our Communities Must Have Affordable Housing," 28 Mitchell L. Rev. 197 (2001)
"Refashioning The Disparate Treatment And Disparate Impact Doctrines In Theory And In Practice," 41 Howard L.J. 455 (1998)
"Recasting Fair Share: Toward Effective Housing Law And Principled Social Policy," 14 Law & Ineq. 339 (1996)
"The Thorny Path To Thornhill: The Origins At Equity Of The Free Speech Overbreadth Doctrine," 105 Yale L.J. 1671 (1996)

Other Legal Publications

"Two Historic Legislative Sessions Yield Numerous Victories For Employee And Civil Rights Advocates," Minnesota Trial (Spring/Summer 2024)
"The First Amendment Comes Back To Life In Labor Law," LXXIII With Equal Right 1 (Spring 2023)
"Employees Have Won A String Of Important Minnesota Supreme Court Cases Since The Onset Of The COVID-19 Pandemic," Minnesota Trial (Fall 2021/Winter 2022)
"The Minnesota Supreme Court Endorses Progressive Action By Local Governments To The Benefit Of Employees," Minnesota Trial (Winter 2020)
"The Fight To Secure Workplace Fairness: A Case Study Of The Vital And Wide-Ranging Advocacy For MAJ Members And Their Clients," Minnesota Trial (Fall 2019) (with Carla Ferrucci and Joel D. Carlson)
"Legislative Fix Regarding Minnesota's Whistleblower Law Continues To Benefit Plaintiffs And The Rule Of Law," Minnesota Trial (Summer 2019)
"The United States Supreme Court Does Not Impose Arbitration For Once, But Is That A Good Thing?," Minnesota Trial (Spring 2019)
"A Positive Outlook For Minnesota Employees After The Mid-Term Elections," Minnesota Trial (Winter 2019)
"Defeating Employer Defamation Claims Against Employees," Minnesota Trial (Fall 2018)
"A Brief Sampling Of Eighth Circuit Decisions Under Title VII Leading Up To The #MeToo Movement," Minnesota Trial (Spring/Summer 2018)
“Successfully Fending Off Employer Non-Compete Litigation," Minnesota Trial (Winter 2018)
"Minnesota Supreme Court Upholds The Legislative Fix Of Minnesota's Whistleblower Law -- To The Benefit Of Plaintiffs And The Rule Of Law," Minnesota Trial (Fall 2017)
"Anti-Retaliation Protections In The Workplace In 2017 And Beyond," Minnesota Trial (Summer 2017)
"'Right To Work' Is Still Wrong," Minnesota Trial (Spring 2017)
"Effectively Addressing Workplace Bullying In The Wake Of The 2016 Presidential Election," Minnesota Trial (Winter 2017)
"Positive Developments In The Law Of Protected Activity," Minnesota Trial (Fall 2016)
"The Value Of Employer Record-Keeping Obligations For Plaintiffs In Employment And Civil Rights Cases," Minnesota Trial (Summer 2016)
"Whistleblower Law Update," Minnesota Trial (Spring 2016)
"The Law Regarding Employer And Employee Identity As A Roadmap For More Effective Prosecution Of Work-Related Claims," The Prairie Barrister (Spring 2016)
"Supreme Court Rulings Clarify The Legal Standard For Motions To Dismiss And For Summary Judgment -- In Ways That Favor Plaintiffs," Minnesota Trial (Fall 2015)
"Jumping The Gun: The Increasing Use Of Pre-Employment Testing," Minnesota Trial (Summer 2015)
"Dispositive Motions In Civil Rights Cases: Supreme Court Addresses Overuse," Hennepin Lawyer (May/June 2015)
"The Significant Expansion Of Rights And Remedies Under State Law For Public Employees," Minnesota Trial (Spring 2015)
"Looking Backward To Move Forward: A Plaintiff Attorney’s View Of The ADA After 25 Years," Minnesota Lawyer (March 23, 2015)
"The Sky Is Definitely Not Falling On Plaintiffs In Retaliation Cases," Minnesota Trial (Winter 2015)
"A Study In Contrasts In Civil Rights Cases," Minnesota Trial (Fall 2014)
"A Primer On Employment Rights And Responsibilities Of Military Personnel," Minnesota Trial (Summer 2014)
"Causation After Nassar: Merely The Straw That Broke The Camel’s Back," Minnesota Lawyer (June 23, 2014)
"The Rapidly Evolving Law Governing Employment-Related Expression By Employees," Minnesota Trial (Spring 2014)
"Legislative Action Promoting Fairness At Work," Minnesota Trial (Fall 2013)
"Successfully Overcoming Employers' Scorched-Earth Defense Tactics," Minnesota Trial (Summer 2013)
"The Intersection Of Social Media And Employee Rights In the Workplace," Minnesota Trial (Spring 2013)
"Where We Go From Here In Harassment Cases: A Plaintiff Counsel's Perspective," Minnesota Trial (Winter 2013)
“Why ‘Right To Work’ Is Wrong,” Minnesota Trial (Fall 2012)
"Effectively Defending Against Employer Non-Compete Lawsuits," Minnesota Trial (Summer 2012)
"Missing The Mark: The Typical Pursuit Of Duty-Of-Fair-Representation Claims Against Unions To Address Workplace Problems," Minnesota Trial (Spring 2012)
"It Is The Best Of Times; It Is The Worst Of Times: A Comparative Analysis Of Retaliation Claims Under Federal And State Law And Related Strategies For Counsel," Minnesota Trial (Winter 2012) (with Sheila Engelmeier and Laurie Knocke)
"Debunking The Myth That Rule 12 Is The New (Misapplied) Rule 56: An Analysis Of How The Courts Have Actually Interpreted Ashcroft v. Iqbal," The Employee Advocate (Fall/Winter 2011)
"Labor Law In The Public Sector (Makes The Headlines In 2011)," World Jurist Association (October 2011)
"Jiujitsu Techniques In Employment Matters: Using Litigation Overreach By Companies To The Advantage Of Employees," Minnesota Trial (Fall 2011)
"Recovering Attorney's Fees And Litigation Costs Incurred During The Prosecution Of Employment And Other Civil Rights Cases," Minnesota Trial (Spring 2011)
"Enforcing The WARN Act In The Shadow Of The Great Recession," Minnesota Trial (Winter 2011)
"Understanding And Applying The Governing Legal Standard In Harassment Cases," Minnesota Trial (Fall 2010)
"Litigating Motions To Amend Under Rules 14 And 15 In Civil Rights And Employment Cases," Minnesota Trial (Summer 2010)
"Hot Public Sector Employment Issues Amidst The Great Recession," Minnesota Trial (Spring 2010)
"Successfully Prosecuting Employment And Civil Rights Cases On Behalf Of Immigrants," Minnesota Trial (Winter 2010)
"The Viability Of Notice Pleading And The Right To Trial After the Supreme Court Decisions In Iqbal and Gross," Minnesota Trial (Fall 2009)
"A New Day For The ADA: How The ADA Amendments Act Restores Accessibility To Justice," Minnesota Trial (Summer 2009) (with Celeste Culberth)
"Effectively Handling Improper Deposition Tactics In Employment And Civil Rights Cases," Minnesota Trial (Spring 2009)
"Legal Strategies For Curbing Litigation Abuse Of Plaintiffs In Employment And Civil Rights Cases," Minnesota Trial (Winter 2009)
"The Supreme Court's Employment Law Trilogy: Legal And Practical Implications," Minnesota Trial (Fall 2008)
"Exit Frying Pan, Enter Fire: When Releases Of Employment And Civil Rights Claims Make Matters Worse," Minnesota Trial (Summer 2008) (with Joseph Schmitt and Laurie Vasichek)
"Winning The Corporate Shell Game In Employment Litigation," Minnesota Trial (Spring 2008)
"E-Discovery Of Other-Acts Evidence: A Case Study In Procuring Critical Records In Employment And Other Civil Rights Cases," Minnesota Association for Justice (Winter 2008)
"Successfully Opposing Discovery Of Plaintiffs' Medical Records In Employment And Civil Rights Cases," Minnesota Association for Justice (Summer 2007)
"Effective Legal Strategy And Litigation Tactics In The Wake Of Desert Palace v. Costa," Minnesota Trial Lawyer (Spring 2007)