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Illusory Policy Implications of Behavioral Law & Economics
Get PDFBehavioral law and economics has achieved notable policy influence promoting soft paternalism—using nudges to encourage better choices without limiting options. Recently, some behavioral scholars have suggested that positive behavioral models actually support hard paternalism—imposing mandates. This Article challenges the insinuation that behavioral law and economics supports mandates
The Legacy of Trayvon Martin—Neighborhood Watches, Vigilantes, Race, and Our Law of Self-Defense
Get PDFReflecting back a decade later, what is the enduring significance of the Trayvon Martin case—a Black teenager whose life is violently cut short, and a legal system that accepted his death without consequence? The poet Elizabeth Alexander speaks of “The Trayvon Generation” of Black youth who have grown up in the haunting shadow of his killing, and the anguished parents who cannot protect their children from such a fate. America’s first Black president spoke for them: “When I think about this boy, I think about my own kids. If I had a son, he’d look like Trayvon,” Barack Obama told the nation
Employee Beware: Why Secret Workplace Recordings are Risky Business for Employees
Get PDFThis Article examines the risks for employees when secretly recording workplace conversations. Although many employers flatly prohibit employees from secretly recording workplace conversations, case law contains dozens of examples of employees conducting such espionage. In the typical case, employees secretly record conversations to gather evidence to support claims of discrimination, harassment, or whistleblowing, but many of those individuals were likely unaware of the pitfalls associated with their clandestine activities. This Article uncovers various pitfalls for employees when secretly recording workplace conversations. These include being fired by their employer for violating its no-recording policy, finding courts unreceptive to claims of retaliation under the employment discrimination laws, having otherwise valid harassment claims dismissed for attempting to record evidence of harassment rather than timely reporting the matter to their employer, facing civil liability or criminal penalties for wiretap violations, and being found liable in tort for invasion of privacy. Given these numerous pitfalls, this Article concludes that employees should generally refrain from making secret workplace recordings and should seek to gather evidence in other ways
