PAUL M. SECUNDA
Work Address:
University of Mississippi School of Law Office: (662) 915-6858
Grove Loop, P.O. Box 1848 Fax: (662) 915-6842
University, MS 38677 Email: psecunda@olemiss.edu
________________________________________________________________________
EMPLOYMENT
2007 -2008 Jessie D. Puckett, Jr., Lecturer and Assistant Professor Law, University of Mississippi School of Law
2003-2008 Special Education Mediator, Department of Education, State of Mississippi
2002 - 2007 Assistant Professor of Law, University of Mississippi School of Law. Courses: Labor Law, Employment Discrimination, Employer-Employee Relations, School Law Seminar, Higher Education and the Law Seminar, Employee Benefits, Civil Procedure I, Special Education Seminar
1999-2002 Labor and Employment Associate, Morgan, Lewis & Bockius, LLP, Philadelphia, Pennsylvania
1998-1999 Labor and Employment Associate, Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pennsylvania
1997-1998 Law Clerk, Judge Murray M. Schwartz, United States District Court for the District of Delaware
EDUCATION
GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C. J.D. 1997, magna cum laude; Article Selections Editor, American Criminal Law Review; Order of the Coif
HARVARD COLLEGE, Cambridge, Massachusetts A.B. 1993, cum laude in Government
PUBLICATIONS
BOOKS AND TREATISES
Teacher Manual for Archibald Cox, Derek Curtis Box, Robert A. Gorman, and Matthew W. Finkin, Labor Law: Cases and Materials (14th ed. 2006) (Foundation Press) (forthcoming 2008)
GLOBAL ISSUES IN EMPLOYEE BENEFITS LAW (Thomson-West) (with Samuel Estreicher) (forthcoming 2008)
Editor, RETALIATION AND WHISTLEBLOWERS: PROCEEDINGS OF THE NYU 60TH ANNUAL CONFERENCE ON LABOR (forthcoming 2008)
Reflections on the Technicolor Right to Association in American Labor and Employment Law (Book Chapter in A COMPARISON OF U.S., CANADA, AND KOREAN LABOR LAW RELATING TO THE LABOR CHAPTER OF KOREA-US FTA & KOREA-CANADA FTA) (commissioned by Korean Labor Institute for Korean Ministry of Labor) (2007)
UNDERSTANDING EMPLOYMENT LAW (Lexis-Nexis 2007) (with Richard Bales and Jeffrey Hirsch)
ARTICLES
Against the New Governance in Employment (work in progress)
Sorry, No Remedy: The Grand Irony of ERISA (work in progress)
Tales of a Law Professor Lateral Nothing, 39 U. Mem. L. Rev. (forthcoming 2008)
Garcetti's Impact on the First Amendment Speech Rights of Federal Employees, 7 First Amend. L. Rev. (forthcoming 2008)
Whither the Pickering Rights of Federal Employees?, 79 U. Colo. L. Rev. (forthcoming 2008)
Reflections on the Technicolor Right to Association in American Labor and Employment Law, 96 Ky. L. J. 347 (2008) (reprinted in Workplace Privacy: Here and Abroad -- Proceedings of New York University 58th Annual Conference on Labor (Estreicher & Nash eds. Kluwer Law Int’l forthcoming 2009)
Towards the Viability of State-Based Legislation to Address Workplace Captive Audience Meetings in the United States, 29 Comp. Lab. L. & Pol'y J. 209 (2008)
The Solomon Amendment, Expressive Associations, and Public Employment, 54 U.C.L.A. L. Rev. 1767 (2007) (reprinted in Retaliation And Whistleblowers: Proceedings Of The New York University 60th Annual Conference On Labor (Secunda ed. Kluwer Law Int’l 2008)
The (Neglected) Importance of Being Lawrence: The Constitutionalization of Public Employee Rights to Decisional Non-Interference in Private Affairs, 40 U.C. Davis L. Rev. 85 (2006)
Inherent Attorney Conflicts of Interest Under ERISA: Using the Model Rules of Professional Conduct to Discourage Joint Representation of Dual Role Fiduciaries, 39 J. Marshall L. Rev. 721 (2006)
"Arasoi O Mizu Ni Nagasu" or "Let the Dispute Flow to Water": Pedagogical Methods for Teaching Arbitration Law in American and Japanese Law Schools, 21 Ohio St. J. on Disp. Resol. 687 (2006) (reprinted in 4 ICFAI J. ALT. DISP.RES. 52 (2006) ( Hyderabad, India))
A Public Interest Model for Applying Lost Chance Theory to Probabilistic Injuries in Employment Discrimination Cases, 2005 Wisc. L. Rev. 747
At the Crossroads of Title IX and a New "IDEA": Why Bullying Need Not Be a " Normal Part of Growing Up" for Special Education Children, 12 Duke J. Gender L. & Pol'y 1 (2005)
Lawrence’s Quintessential Millian Moment and Its Impact on the Doctrine of Unconstitutional Conditions, 50 Vill. L. Rev. 117 (2005)
A Mosquito in the Ointment: Adverse HIPAA Implications for Health-Related Remote Sensing Research and a "Reasonable" Solution, 30 J. Space L. 251 (2004) (reprinted in 3 ICFAI J. Healthcare L. 37(2005) ( Hyderabad, India))
Getting to the Nexus of the Matter: A Sliding Scale Approach to Faculty-Student Consensual Relationship Policies in Higher Education , 55 Syracuse L. Rev. 55 (2004)
Politics Not As Usual: Inherently Destructive Conduct, Institutional Collegiality, and the National Labor Relations Board, 32 Fla. St. U. L. Rev . 51 (2004)
Cleaning Up the Chicken Coop of Sentencing Uniformity: Guiding the Discretion of Federal Prosecutors Through the Use of the Model Rules of Professional Conduct , 34 Am. Crim. L. Rev . 1267 (1997)
BOOK REVIEWS AND SHORTER WRITINGS
The Ironic Necessity for State Protection of Workers, 157 U. Pa. L. Rev. PENNumbra (forthcoming 2008)
The Many Mendelsohn “Me Too” Missteps: An Alliterative Response to Professor Rubinstein, 102 Nw. U. L. Rev. Colloquy (forthcoming 2008)
A Tribute to William P. Murphy: Labor Law Trail-Blazer and Man of Unflinching Principle, 77 Miss. L. J. (forthcoming 2008)
Mediating the Special Education Front Lines in Mississippi, 76 UMKC L. Rev. (forthcoming 2008)
Religious Comp Time: Invalid Accommodation, National Law Journal, Nov. 26, 2007
Can an EEOC Intake Questionnaire Constitute a Charge of Discrimination Under the Age Discrimination in Employment Act? , 35 ABA PREVIEW of United States Supreme Court Cases 56 (2007) (with McCann LeFeve)
Sound Off: Federal Employees Face a Stunning Lack of Protection for Free Speech , Legal Times, Oct. 22, 2007
NYU 60 th Annual Conference on Labor Examines Retaliation and Whistleblowers in the Workplace , NYU Labor & Employment Law Newsletter (Fall 2007)
More Than Employees: Citizens working in government need better constitutional protection from retaliation, Legal Times, May 21, 2007
Book Review, "At Best An Inexact Science ": Delimiting the Legal Contours of Specific Learning Disability Eligibility under IDEA (reviewing Perry A. Zirkel, The Legal Meaning Of Specific Learning Disability For Special Education Eligibility (2006)), 36 J. L. & EDUC. 155 (January 2007)
Vesting Unbuttoned: Employers' attempts to reduce retiree health benefits lead to wasteful litigation, UM LAWYER MAGAZINE (Spring/Summer 2006)
CONFERENCES AND SEMINARS
Presenter, The Ironic Necessity for State Protection of Workers, Third Annual Colloquium on Current Scholarship in Labor & Employment Law, California Western School of Law, San Diego, California, October 24, 2008
Presenter, Reflections on the Technicolor Right to Association in American Labor and Employment Law, Tackling Workplace Disputes – A Spectrum of Approaches, Southeastern Association of Law Schools Annual Meeting, Amelia Island, Florida, August 1, 2008
Presenter, Global Issues in Employee Benefits Law, New York University 61st Annual Conference on Labor: Global Labor and Employment Law for the Practising Attorney, New York, New York, June 5, 2008
Presenter, Reflections on the Technicolor Right to Association in American Labor and Employment Law, What Price Association? The Continuing Costs of Anti-Association Trends in the Workplace, Law and Society Association Annual Meeting, Montreal, QC, Canada, May 30, 2008
Presenter, Garcetti's Impact on the First Amendment Rights of Federal Employees, Public Citizens, Public Servants - Free Speech in the Post-Garcetti Workplace, First Amendment Law Review's 2008 Symposium, University of North Carolina School of Law, Chapel Hill, NC, February 22, 2008
Presenter, A Mosquito in the Ointment: Adverse HIPAA Implications for Health-Related Remote Sensing Research and a "Reasonable" Solution, The 2nd International Conference on the State of Remote Sensing Law, The National Center for Remote Sensing, Air, and Space Law, University of Mississippi School of Law, University, MS, January 18, 2008
Moderator, Employment Discrimination Remedies: The Shape of Lawsuits, The Shape of the Law, 2008 AALS Joint Section on Employment Discrimination Law and Remedies Panel, New York, New York, January 4, 2008
Presenter, Whither the Pickering Rights of Federal Employees?, Second Annual Seton Hall Employment & Labor Law Scholars’ Forum, Newark, New Jersey, October 19, 2007 (competitively selected)
Presenter, Whither the Pickering Rights of Federal Employees?, Cumberland School of Law Faculty Workshop, Birmingham, Alabama, October 12, 2007
Presenter, Whither the Pickering Rights of Federal Employees?, 2007 Colloquium on Current Scholarship in Labor and Employment Law, University of Colorado and Denver University Law Schools, Denver, Colorado, September 29, 2007
Presenter, Towards the Viability of State-Based Legislation to Address Workplace Captive Audience Meetings in the United States , New Approaches to Old Problems in Labor and Employment Law Panel, Southeastern Association of Law Schools Annual Meeting, Amelia Island, Florida, July 30, 2007
Presenter, The Solomon Amendment, Expressive Associations, and Public Employment, New York University 60 th Annual Conference on Labor: Retaliation and Whistleblowers, New York, New York, June 1, 2007
Presenter, The Solomon Amendment, Expressive Associations, and Public Employment, UCLA Law Review Symposium: Constitutional “Niches”: The Role of Institutional Context in Constitutional Law, UCLA Law School, Los Angeles, California, February 2, 2007
Presenter, The Solomon Amendment, Expressive Associations, and Public Employment, First Annual Colloquium on Current Scholarship in Labor and Employment Law, Marquette University Law School, Milwaukee, Wisconsin, October 27, 2006
Presenter, Why Bullying Need Not Be "A Normal Part of Growing Up"
For Special Education Children, Annual Mid-South Conference on Education Law, University of Mississippi, University, Mississippi, August 11, 2006
Presenter, The (Neglected) Importance of Being Lawrence: The Constitutionalization of Public Employee Rights to Decisional Non-Interference in Private Affairs , Call for Papers Panel, Southeastern Association of Law Schools Annual Conference, Palm Beach, Florida, July 16, 2006 (competitively selected)
Presenter, The (Neglected) Importance of Being Lawrence: The Constitutionalization of Public Employee Privacy Rights, Law and Society Association Annual Meeting, Baltimore, MD, July 6, 2006
Presenter, Inherent Attorney Conflicts of Interest Under ERISA: Using the Model Rules of Professional Conduct to Discourage Joint Representation of Dual Role Fiduciaries, John Marshall Law Review Special Employee Benefits Symposium, Chicago, IL, April 7, 2006
Presenter, Pedagogical Methods for Teaching Labor and Employment Arbitration Law , International Contracts Conference, Texas Wesleyan School of Law, Fort Worth, TX, February 24, 2006
Poster Presenter, At the Crossroads of Title IX and a New "IDEA": Why Bullying Need Not Be a "Normal Part of Growing Up" for Special Education Children , AALS Section on Education Law, Association of American Law Schools Annual Meeting, Washington D.C., January 6, 2006
Presenter, Ethical Considerations in Employment Law: Internal Corporate Investigations, Federal Procedure and Practice Seminar, Mississippi Chapter of the Federal Bar Association, Jackson, MS, June 10, 2005
Presenter, "A Reparative Approach to Resolving De-facto Segregation in the Public Schools of the Mississippi Delta," The Struggle Continues: De-facto Segregation, Education Achievement and Beyond, Southeast/Southwest People of Color Conference. New Orleans, Louisiana, May 6, 2005
Presenter, Ethical Considerations in Employment Law: Internal Corporate Investigations, University of Mississippi Law Alumni CLE Seminar, University of Mississippi School of Law, University, MS, April 1, 2005
Presenter, Pedagogical Methods for Teaching Arbitration Law in the Classroom, Center for Legal Dynamics of Advanced Market Societies, Kobe University Graduate School of Law, Kobe, Japan, March 15, 2005
Presenter, The Propriety of Compelling Platonic Professors: The Constitutionality of Banning Faculty-Student Relationships at Public Universities in the Wake of Lawrence v. Texas, Young Scholars Workshop, Southeastern Law Association Annual Meeting, Kiawah Island, South Carolina, August 1, 2004
Presenter, Keeping Romance and Sex Out of the Academy: Should Universities Be in the Business of Regulating Consensual Student-Faculty Relationships?, Employment Discrimination and the Law, Oxford Round Table, Lincoln College, Oxford University, Oxford, England, March 16, 2004
PUBLIC SERVICE AND PROFESSIONAL AFFILIATIONS
Co-Editor, Workplace Prof Blog (http://lawprofessors.typepad.com/laborprof_blog/) (with Rick Bales & Jeff Hirsch)
Guest Blogger, PrawfsBlawg (Aug. 2006); Concurring Opinions (Feb. & Mar. 2008)
Public Arbitrator, FINRA (Southeastern Region)
Research Fellow, NYU School of Law Center for Labor and Employment Law, 2007-present
Principal Drafter, Program Proposal for 2009 AALS Mid-Year Conference on Labor & Employment Law: Harnessing the Versatility of Labor & Employment Law (competitively selected as Workshop on Work Law for AALS 2009 Mid-Year Meeting)
Immediate Past Chair, Employment Discrimination Section, Association of American Law Schools, 2007
Chair-Elect, Labor Relations and Employment Law Section, Association of American Law Schools, 2008
Secretary, Employee Benefits Section, Association of American Law Schools, 2008
Owner and Moderator, empdiscr listserv (empdiscr@listserv.olemiss.edu), an AALS-sponsored email discussion group of employment discrimination law professors
Co-Organizer and Co-Founder, First Annual Colloquium on Current Scholarship in Labor and Employment Law, Marquette University Law School, 2006 (with Scott Moss and Joseph Slater)
Program Committee and New Scholars Committee, Southeastern Association of Law Schools (SEALS), 2007-2008
Delegate, House of Representatives, Association of American Law Schools, 2005, 2007
Chairperson, Education and Employment Committee for Hurricane Katrina Legal Assistance Manual, 2005-2006
Member, Committee on Committees, University of Mississippi Faculty Senate, 2005-2006
Member, Faculty Governance Committee, University of Mississippi Faculty Senate, 2005-2006
Member, Finance Committee, University of Mississippi Faculty Senate, 2005-2006
Member, Committee on Evaluating Faculty Definitions, University of Mississippi, 2005
Member, University of Mississippi University Research Board, 2007-2008
Chair, University of Mississippi School of Law Ad Hoc Committee on Law School Rankings, 2007
Member, University of Mississippi School of Law Faculty Appointments Committee, 2007
Member, University of Mississippi School of Law New Building Committee, 2005-2006
Member, University of Mississippi School of Law Curriculum Committee, 2004-2007
Faculty Advisor, ABA Labor and Employment Law Trial Competition, 2007
Faculty Advisor and Coach, ABA Client Counseling Competition, 2006
Member, University of Mississippi School of Law Student-Faculty Relations Committee, 2004-2007
Member, American Bar Association (Section on Labor and Employment, Section on State and Local Government Law, Section on Dispute Resolution)
Member, Pennsylvania and New Jersey Bars (admitted 1998). Admitted to practice in the Eastern and Middle District of Pennsylvania, the District of New Jersey, and U.S. Court of Appeals for the Third and Eleventh Circuits
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