Joseph Mastrosimone Publications, Presentations, and Other Activity

Articles in Law Reviews

"Benchslaps," 2017 Utah Law Review 331 (2017).

"Still 'Takin' Care of Business?': A Comparative Analysis of Proposed Amendments to the Georgian Labor Code," 3 Georgian Commercial Law Review 39 (2014).

"Limiting Information in the Information Age: The NLRB's Misguided Attempt to Squelch Employer Speech," 52 Washburn Law Journal 473 (2013).
» See also: "Mastrosimone on the NLRB's Election Rules," Workplace Prof Blog, June 19, 2013.

"Reining in Punitive Damages 'Run Wild': Proposals for Reform by Courts and Legislatures," 65 Brooklyn Law Review 1003 (1999).

Books and Monographs

Questions and Answers: Employment Law (Carolina Academic Press, forthcoming 2024).

Editor, Kansas Employment Law Handbook. 3rd ed. (Kansas Bar Association, 2016).

Chapters in Books

"Kansas Statutory Fair Employment Laws" In Kansas Employment Law Handbook. 3rd ed. (Kansas Bar Association, 2016).

Essays and Other Shorter Works

"Beyond Bargaining: Consequences Of NLRB’s Graduate Students Decision," The Huffington Post, August 29, 2016.

"Beware of Ghost (Writing)!," 84:8 Journal of the Kansas Bar Association 10 (September 2015).

"President Obama's Proposed Overtime Regulations Could Leave Workers Worse Off," The Huffington Post, June 30, 2015.

"A Shameful Perception Will Beget a Difficult Reality for Kansas," The Huffington Post, February 12, 2015. Reprinted by: The Wichita Eagle (February 14, 2015).

"Mind Your Manners," 83:9 Journal of the Kansas Bar Association 10 (October 2014).

"Washburn University School of Law: Helping to Create a Diverse Bar," 83:6 Journal of the Kansas Bar Association 12 (June 2014).

"Unionizing College Football Players Is More Than a Hail-Mary Pass," The Huffington Post, January 31, 2014.

"NLRB Should Rethink Not Reissue Election Reform Rules," The Huffington Post, December 13, 2013.

"Ending the War Games Over the NLRB," The Huffington Post, July 23, 2013.

"Don't Act Like an Ostrich: How to Not Run Afoul of the Duty of Candor," 82:5 Journal of the Kansas Bar Association 14 (May 2013).

"Adding Punch to Your Arguments: The Thesis Sentence," 81:3 Journal of the Kansas Bar Association 12 (March 2012).

Media Engagement

Quoted, "Kansas Senate Passes Bill Aiming to Curb ‘Abusive’ ADA Suits After Initial Backlash," The Kansas City Star, March 30, 2023.

Quoted, "Striking Aviary Cafe Workers Say They Were Fired; Management Says They 'Self-Terminated," Springfield News-Leader, August 5, 2021.

Quoted, "'Out of money' Kansans Scramble after Unemployment Aid Vanishes from Bank Accounts," The Wichita Eagle, June 22, 2020.

Quoted, "Training? Policy? Kansas Legislature’s Efforts Against Sexual Harassment ‘Inadequate’," The Kansas City Star, November 10, 2017.

Quoted, "Internal Email: Staffing Problem Caused Child Abuse Report Backlog," The Topeka Capital Journal, December 2, 2016.

Quoted, "Advocates Say Jackson County Judge's 'Fifty Shades' Comment Trivializes Rape," The Topeka Capital Journal, September 17, 2016.

Quoted, "Bothner and Bradley PR Firm Rejoining County Project it was Removed From," The Wichita Eagle, May 2, 2016.

Quoted, "Kansas Senate Bill Would Lower Welfare Lifetime Limit – Again," KCUR, February 10, 2016.

Quoted, "Hunter Health Clinic Releases E-mails Detailing Fall into Financial Trouble," The Wichita Eagle, January 16, 2016.

Quoted, "White Employee Settles Discrimination, Harassment Claim Against Topeka USD 501," The Topeka Capital Journal, September 23, 2015.

Interview, Wade Beyond the Courtroom," KHTS AM 1220, Santa Clarita, California, September 13, 2015 (discussing the labor law aspects of "Deflategate" and the attempted unionization of college sports).

Quoted, "Department of Revenue Bans Employees from Electronic Recording, May Fire Violators," The Topeka Capital Journal, August 15, 2015.

Interview, "Wake Up with WURD," 900AM-WURD Radio, Philadelphia, Pennsylvania, July 2, 2015 (discussing the Department of Labor's proposed overtime regulations with Solomon Jones).

Quoted, "Advocate Estimates at Least One LGBT Kansan Fired a Month," The Topeka Capital Journal, February 28, 2015.

Quoted, "Professor: Some LGBT State Workers Still Protected from Firing," The Topeka Capital Journal, February 13, 2015.

Quoted, "City Probes Whistleblowers After Cash-for-Work Query," The Topeka Capital Journal, October 29, 2014.

Quoted, "Fight Over Union Rights Comes to Derby," Wichita Eagle, November 17, 2012.

Presentations

"Workshop on Sexual Harassment Prevention Policies in Higher Education Institutions," Consortium of colleges and universities in the Republic of Georgia, April 30, 2021 (with Dr. Pam Foster as part of our continued relationship with East West Management and the Republic of Georgia).

"As the Pendulum Swings: An Update on the Trump NLRB," Kansas Bar Association, 2019 Employment Law CLE, Topeka, Kansas, November 21, 2019.

"Public Sector Workers and the First Amendment: Protections and Limitations," Kansas Department of Administration Office of Chief Counsel, Fall 2019 CLE Seminar, Topeka, Kansas, September 20, 2019.

"Free Speech in the Workplace," Law Day, Washburn University School of Law, Topeka, Kansas, May 1, 2019.

Moderator, "Increasing Tension: Labor and Employment Law Protections and Religious Accommodations," Labor Relations and Employment Law section, Association of American Law Schools annual meeting, New Orleans, Louisiana, January 4, 2019.

Panelist, "What to Make of Student Evaluations," AALS Arc of Career Program, Association of American Law Schools annual meeting, New Orleans, Louisiana, January 3, 2019.

"Update in Employment Law," 2018 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 21, 2018.

"Writing it Right: Ethical and Professional Concerns in Legal Writing," 2017 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 30, 2017.

Keynote Address, "The Policy, Power, and Politics of Labor and Employment Law," Future of Labor and Employment Law: Power, Policies, and Politics Symposium, Washburn University School of Law, Topeka, Kansas, February 23, 2017.

"Detangling Labor Law: the NLRB and Religious Educational Institutions," panel on Religious Freedom and Accommodation Issues Arising from Regulatory Expansions, Future of Labor and Employment Law: Power, Policies, and Politics Symposium, Washburn University School of Law, Topeka, Kansas, February 23, 2017.

"Get 'em Writing: The Many Benefits (and Few Detriments) of a First Day Writing Assignment," 17th Biennial Legal Writing Institute Conference, Portland, Oregon, July 11, 2016.

"Everything Employment Lawyers Need to Know About the NLRA *But are Afraid to Ask," 2015 Employment Law CLE, Kansas Bar Association, Topeka, Kansas, October 2, 2015 (with Julie Covel).

"Update on Employment and Labor Law," 2015 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 25, 2015.

"Get’em Writing: The Many Benefits (and Few Detriments) of a First-Day Writing Assignment," Association of Legal Writing Directors 2015 Biennial Conference, University of Memphis School of Law, Memphis, Tennessee, June 3, 2015.

"Funny Ha Ha or Funny Uethical?: What Our Students Can Learn From Judicial Bench Slaps," 16th Biennial Conference of the Legal Writing Institute, Philadelphia, Pennsylvania, June 30, 2014.

"Update on Employment and Labor Law," 2014 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 27, 2014.

"Towards Implementing Carnegie: Introducing Legal Ethics and Professionalism Through Legal Writing," Association of Legal Writing Directors' 2013 Biennial Conference, Marquette University Law School, Milwaukee, Wisconsin, June 28, 2013.

Panelist, "Meow! Meow!: Ways to Herd Cats and Coordinate in a Directorless Program," Association of Legal Writing Directors' 2013 Biennial Conference, Marquette University Law School, Milwaukee, Wisconsin, June 27, 2013 (co-authored with Emily Grant, Jeffrey Jackson and Tonya Kowalski).

"U.S. Just Cause Termination Principles: A Comparative Analysis of Proposed Amendments to Georgian Labor Code," Commercial Law Week, National Center for Commercial Law, Free University, Tbilisi, Republic of Georgia, May 17, 2013.

"Does Pro-Business Employment Law Attract Business?: A Review of American Right to Work Laws Effect on Management & Labor," Commercial Law Week, National Center for Commercial Law, Free University, Tbilisi, Republic of Georgia, May, 2013.

"Limiting Information in the Information Age: The NLRB's Misguided Attempt to Squelch Employer Speech," Employment and Labor Law in the 21st Century Changes in the Arenas of Conflict Symposium, Washburn University School of Law, February 28, 2013.

"Limiting Information in the Information Age: The NLRB's Misguided Attempt to Squelch Employer Speech," Faculty Exchange Workshop, University of Kansas School of Law, Lawrence, Kansas, February 15, 2013.

Moderator, "Academic Support for Legal Writing Students from Diverse Communities," Student Populations: Diversity Matters (Legal Writing Institute one-day workshop), Washburn University School of Law, Topeka, Kansas, December 1, 2012.

"Recent Developments in Labor and Employment Law," Selected Topics and Miscellany 2012 CLE Program, Washburn University School of Law, Topeka, Kansas, June 22, 2012.

Panelist, "Views from the Tenure Track," The 15th Biennial Conference of the Legal Writing Institute, Palm Desert, California, May 31, 2012.

"Writing it Right: Ethical and Professional Concerns in Legal Writing," Kansas Bar Association CLE Seminar, Topeka, Kansas, April 4, 2012.

"Creating Ethical and Professional Law Students and Lawyers: Introducing Professionalism and Legal Ethics Through the First-Year Writing Class," Legal Writing Institute Teaching Workshop, University of Missouri-Kansas City School of Law, Kansas City, Missouri, December 2, 2011.

"Protection from Genetic Discrimination Under Federal and Kansas Law," Kansas Bar Association Civil Rights CLE, February 2011

"Protection from Genetic Discrimination Under Federal and Kansas Law," University of Kansas School of Law Human Rights Symposium, January 2011.

"Disability Discrimination: Protections and Responsibilities," K-State Disability Employment Expo, Fall 2010.

"Labor and Employment Law Update - 2010 Review & 2011 Preview," Kansas Bar Association CLE, Fall 2010.

"Labor and Employment Law Update - 2010 Review & 2011 Preview," Kansas Human Rights Commission Employment Law Seminar, Fall 2010.

"The Weakening Pulse of Missouri's Employment-at-Will Doctrine," Associated Industries of Missouri Employment Law Conference, Spring 2009.

"Dealing with Downsizing and the Potential Reemergence of Labor Unions," Stinson Morrison Hecker Corporate Law Seminar, Spring 2009.

"Immigration Law Compliance," Kansas Livestock Association, Winter 2008.

"What's New in HR - Emerging Trends in Labor and Employment Law," Stinson Morrison Hecker, Fall 2006, Fall 2007, Fall 2008.

Conferences Planned

Workshop Organizer, "Washburn Junior Legal Writing Scholars Workshop," Washburn University School of Law, Topeka, Kansas, July 29-30, 2016.

Workshop Organizer, "Washburn Junior Legal Writing Scholars Workshop," Washburn University School of Law, Topeka, Kansas, July 24-25, 2015.

Workshop Organizer, "Washburn Junior Legal Writing Scholars Workshop," Washburn University School of Law, Topeka, Kansas, July 25-26, 2014.

Planning Committee Co-chair, "Student Populations: Diversity Matters," Legal Writing Institute (one-day workshop), Washburn University School of Law, Topeka, Kansas, December 1, 2012.

Professional Service

Chair, American Association of Law Schools, Section on Labor Relations and Employment Law, January 2018-January 2019.

Executive Committee Member, Association of American Law Schools, Section on Legal Writing, Reasoning, and Research, January 2017-January 2018.

Chair-Elect, Association of American Law Schools, Section on Labor Relations and Employment Law, January 2017-January 2018.

Chair, Kansas Bar Association Diversity Committee, 2016-2017.

Secretary, Association of American Law Schools, Section on Labor Relations and Employment Law, January 2016-January 2017.

Editor, Employment Law Handbook, 3rd Edition (Kansas Bar Association, 2016), 2015-2016.

Executive Committee Member, Association of American Law Schools, Section on Labor Relations and Employment Law, January 2015-January 2016.

Guest blogger, Workplace Prof Blog: Current Events and Emerging Issues in Labor and Employment Law (August 2013-).