Approved for 3.0 hours CLE, including 1.0 hour of ethics and professionalism in Kansas
Kansas Bar Association
John E. Shamberg Memorial Series (2016)
8:30 AM Registration & Continental Breakfast
9:00 AM Frequently Asked Ethics Questions-2016
Michael Serra, Office of the Disciplinary Administrator, Topeka
This course will include a brief discussion regarding some of the more frequently asked legal ethics questions received by the Disciplinary Administrator’s Office since the beginning of 2016. Topics that will be covered are (1) the general implications of an attorney’s use of social medial in their legal practice and (2) the recent study published by the Hazelden Betty Ford Foundation regarding the prevalence of depression, anxiety and substance abuse in the legal profession.
9:50 AM Federal Rights for State Workers: Recognizing the Privileges or Immunities of United States Citizens
William “Bill” Rich, James R. Ahrens Professor, Washburn University School of Law
Workers in the United States receive protection from a wide range of federal laws, including the Fair Labor Standards Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. All of those laws apply to state government employees as well as private employees. In a series of decisions, however, the United States Supreme Court ruled that the Eleventh Amendment bars state employees from suing for monetary damages when a state agency violates their rights.
If Congress had relied upon its enforcement power under Section Five of the Fourteenth Amendment to enact the legislation in question, then the laws would override Eleventh Amendment constraints. But the justices have ruled (in five-to-four decision) that problems such as age or disability discrimination did not fall within the scope of the Equal Protection Clause, therefore the Fourteenth Amendment doesn’t apply. No one asked the Court, however, whether the various federal statutes fall within the scope of the Privileges or Immunities Clause of the Fourteenth Amendment. I intend to ask that question, to examine historical interpretations of “privileges” and “immunities,” and I conclude that individual rights established by Congress constitute privileges or immunities of United States citizens.
10:40 AM Break
10:50 AM It’s Good to be the King-Immunity in Civil Rights Litigation
Alan Rupe, Lewis Brisbrois Bisgaard & Smith LLP, Wichita
Governments at all levels are large employers and frequently interact with the public in all sorts of ways. As a result, civil rights claims against governmental entities are inevitable. But depending on the circumstances, governments and those employed by governmental entities may be immune from suit. This presentation will cover four types of immunity that may be asserted in civil rights litigation: Sovereign immunity, judicial immunity, prosecutorial immunity, and qualified immunity. It will explain the people and entities entitled to each type of immunity as well as the types of claims that they are immune from. The presentation will also cover cases that demonstrate how different types of immunity operate in practice
11:40 AM Adjourn