• Archive for August, 2015

    Welcome New Chicago Kent Faculty Fall 2015!

    by  • August 28, 2015 • Faculty Profiles • 0 Comments

    Chicago Kent is pleased to welcome new faculty to our campus this semester.

    From the IIT Provost’s office:

    daniel-martin-katzDaniel Martin Katz
    Associate Professor of Law
    Chicago-Kent College of Law

    Research Interests: Legal education in the twenty-first century; data-driven future of the legal services industry; social network analysis of the American federal judiciary/law professoriate; legal informatics; law and entrepreneurship
    Background: Associate professor of law, Michigan State University; Ph.D., University of Michigan; J.D., University of Michigan Law School

    Lewis_Myrisha_portraitMyrisha Lewis
    Visiting Assistant Professor
    Chicago-Kent College of Law

    Research Interests: Family law; criminal law; comparative Constitutional law; European Union law; trusts and estates; bioethics; torts
    Background: U.S. Nuclear Regulatory Commission; J.D., Columbia University School of Law

    Oranburg_Seth_portraitSeth Oranburg
    Visiting Assistant Professor of Law
    Chicago-Kent College of Law

    Research Interests: How social media is impacting shareholder activism and discovery; crowdfunding and Title III/Series A Gap; personal liability for founders; the angel/venture capital gap
    Background: Visiting assistant professor, Florida State College of Law; J.D., University of Chicago Law School

    NLRB Rules That Northwestern University Football Players Cannot Unionize

    by  • August 17, 2015 • Faculty Commentary • 0 Comments

    By César F. Rosado Marzán


    Today, the NLRB determined whether or not the Northwestern University football players could unionize. It decided that they could not. However, the NLRB’s decision did not hinge on the issue of whether or not the college athletes are employees under the NLRA, but on its determination that the Board would not foment stable industrial relations under the NLRA if it enabled the college athletes to unionize.

    Even if the NLRB was reasonable in determining that collective bargaining would not provide for stable industrial relations in college football, such determination could have been better reached by the parties themselves, and especially the college athletes. That’s the beauty of collective bargaining: it lets parties make those sorts of determinations without second-guessing by the state.

    According to the Board, collective bargaining in college football would require league-wide bargaining, including with those units with putative public sector employees who are beyond the reach of the NLRB’s jurisdiction—the college athletes who play for state schools. The arrangement of college football proved too complex for the NLRA’s model of collective bargaining, according to the NLRB. However, the Board reached this decision even when professional Canadian athletes in baseball and hockey do not fall under the NLRB’s jurisdiction; professional baseball and hockey are unionized.

    The Board limited its decision to the facts of the case. However, the decision will be used by the management bar to justify further instances of non-recognition of employees in non-standard forms of employment, e.g., graduate students, workers who are also clients and patients of their employers (as in mental health institutions), temporary employees, among others. About a quarter of U.S. workers work in such types of non-standard settings. Today a quarter of the U.S workforce has something new to struggle against.

    The response to such attempts of non-recognition will thus necessarily remain the good old-fashioned one: workers will have to fight for recognition despite the law, through their collective efforts. The maladies of asymmetrical market relationships that the NLRA attempts to remedy, namely industrial strife, will inevitably be pushed to the surface given today’s unfortunate NLRB decision.