Monthly Archives: January 2019

We Have an Opening for a Dean

Dean Patricia White is stepping down after a long run as Dean, which means there’s an opening. The official advertisement is here. Personally I’d love to see a candidate who had a theory about how law schools will deal with the coming AI revolution.

I think our Deanship is a surprisingly attractive one given the times. The school navigated the financial side of the enrollment crisis with relative dexterity, and kept up the credentials of our incoming classes. The physical plant is not exceptional, but it works. And there are lot of faculty and students doing interesting and even important things. From here it seems we’re in considerably better shape than a number of our peers. And there’s a lot of going on in the University generally and also in Miami the city.

Posted in Law School, U.Miami | Leave a comment

Sometimes Fiction is Just as Strange as Fact

This, via Crooks & Liars, On 1958 TV Show, Confidence Man ‘Trump’ Promises To Build A Wall To Save The World is one heck of a coincidence:

Here’s an edited version of the whole show with the best bits…

Posted in Uncategorized | Leave a comment

Mandatory Unpaid Labor by Government Workers: Involuntary Servitude? Wages and Hours Violation?

These are probably stupid questions, but I never took Labor Law: Why is it that the U.S. government can require some workers (e.g. TSA) to do their jobs without pay? As a formal legal matter there is no way that the bosses can guarantee back pay will be forthcoming ever, since it’s axiomatic that money can only be disbursed from the Treasury pursuant to a Congressional appropriation. Theoretically, Congress might never vote the back pay.

Doesn’t the absence of a payment guarantee make the forced labor either involuntary servitude, or at least a wage-and-hours violation since it is work for less than the minimum wage (zero)?

I presume the answer to the 13th Amendment question might have something to do with terms in the employment contract, in that the government perhaps reserves the right to require the unpaid labor, or the worker gets fired. Or, more likely, it’s just that civilian workers (but not military personnel, in this case the Coast Guard?) have the choice to just not show up and be fired, as opposed to slavery/involuntary servitude when the worker has no option to quit. That option, I’m guessing, makes the servitude not ‘involuntary’ for 13th Amendment purposes?

But even so, how does this conform with minimum wage laws? Is it as simple as, no one brings the case, then backpay makes the matter moot? In which case, how long before someone files the complaint?

Posted in Law: Constitutional Law, Politics: US | 1 Comment