Retaliation protections are one of the law’s most powerful mechanisms for enforcing legal rights and promoting institutional accountability. Across constitutional law, civil rights, labor and employment law, education law, administrative law, corporate governance, and countless other fields, protections against retaliation encourage individuals to report misconduct, participate in legal processes, and exercise their rights without fear of reprisal. When those protections fail, the consequences extend well beyond the individual, undermining public confidence in institutions and the rule of law itself.
Friday, September 25, 2026
The University of Alabama School of Law
101 Paul W. Bryant Drive
Tuscaloosa, AL 35487
The Retaliation and the Rule of Law Symposium, organized by Professor Daiquiri Steele in conjunction with the Alabama Law Review, convenes leading scholars, government officials, and practitioners to examine retaliation through an interdisciplinary lens. Rather than focusing on retaliation within a single statutory framework, the Symposium explores the common principles that unite retaliation doctrine across legal systems and considers how those principles advance accountability, transparency, compliance, democratic governance, and the effective enforcement of the law.
Through thought-provoking presentations and panel discussions, participants will engage with cutting-edge scholarship, emerging legal developments, and practical perspectives from those who shape, enforce, litigate, and study retaliation law. The Symposium is designed to foster dialogue across disciplines, bridge theory and practice, and advance new ideas about how retaliation protections promote accountability, safeguard individual rights, and strengthen the institutions responsible for enforcing, administering, and complying with the law.
Schedule
| Time | Program | Details |
|---|---|---|
| 8:15am – 8:45am | Registration & Breakfast | |
| 8:45am – 8:55am | Welcome | William S. Brewbaker, III Dean and Professor of Law, The University of Alabama School of Law Kyle Davis Editor-In-Chief, Alabama Law Review, Volume 78 |
| 8:55am – 9:15am | Opening Remarks Retaliation: The Civil Rights Issue of Our Time | Professor Daiquiri J. Steele Associate Professor of Law, The University of Alabama School of Law |
| 9:15am – 10:30am | Retaliation Doctrine: Rethinking the Rules | Retaliation law has become one of the most significant mechanisms for enforcing civil rights and other legal protections, yet many of its core doctrinal rules remain contested. This panel examines foundational questions about retaliation doctrine, including causation, harm, protected activity, and employer liability. Together the papers challenge prevailing assumptions and propose new frameworks for understanding how retaliation law should operate across statutory regimes. Moderator: Professor Heather Elliott, John J. Sparkman Chair of Law, The University of Alabama School of Law Panelists: Professor Michael Z. Green — Dean’s Research Chair; Professor of Law; Director of Workplace Law Program, Texas A&M University School of Law Professor Jennifer M. Pacella — Associate Professor of Business Law and Ethics, Indiana University, Kelley School of Business Professor Nicole B. Porter — Engh Research Professor and Rita Anne Rollins Professor of Law, William & Mary Law School |
| 10:30am – 10:45am | Break | |
| 10:45am – 12:00pm | Retaliation, Institutions, and the Rule of Law | In addition to remedying individual harms, retaliation protections help ensure that institutions remain transparent, accountable, and responsive to the law. This panel explores retaliation in contexts where reporting misconduct and resisting institutional pressure serve broader public interests. The papers examine constitutional protections for public employees, whistleblower safeguards in healthcare, and retaliation’s role in preserving accountability within educational institutions. Moderator: Dean Jeffrey R. Baker, Associate Dean of Experiential Learning & Clinical Professor of Law, The University of Alabama School of Law Panelists: Professor Catherine L. Fisk — Barbara Nachtrieb Armstrong Professor and Distinguished Professor of Law, UC Berkeley School of Law Professor Christopher L. Mathis — Associate Professor of Law, University of Maryland Francis King Carey School of Law Professor Peggie R. Smith — Charles F. Nagel Professor of Employment and Labor Law, Washington University School of Law |
| 12:00pm – 12:30pm | Lunch Buffet | |
| 12:30pm – 2:00pm | Government Perspectives: Federal Enforcement of Retaliation Laws | Current and former federal officials discuss retaliation enforcement from the perspective of the agencies responsible for investigating, prosecuting, and adjudicating retaliation claims. The discussion will examine current enforcement priorities, agency coordination, emerging legal issues, and the future of retaliation enforcement. Moderator: Professor Bryan K. Fair, Thomas E. Skinner Professor of Law, The University of Alabama School of Law Panelists: Fred B. Jacob, Esq. — Solicitor, National Labor Relations Board, 2018–Present; Professorial Lecturer in Law, George Washington University Law School Carol Miaskoff, Esq. — Legal Counsel, U.S. Equal Employment Opportunity Commission, 2021–2025 Mark Gaston Pearce, Esq. — Chair, National Labor Relations Board, 2011–2017; Senior Advisor and Former Executive Director, Georgetown University Law Center Workers’ Rights Institute Dr. Jennifer Rous — Director, Whistleblower Protection Program, U.S. Department of Labor Occupational Safety and Health Administration, 2026-Present Dr. David Weil — Wage and Hour Administrator, U.S. Department of Labor Wage and Hour Division, 2014–2017; Samuel F. and Rose B. Gingold Chair in Human Development and Economics, School of Social Sciences and Social Policy, Brandeis University |
| 2:00pm – 2:15pm | Break | |
| 2:15pm – 2:40pm | The Evolution of Modern Whistleblower Law | This presentation explores the legal evolution of whistleblower protections from their early foundations to today’s expansive statutory and international frameworks. It examines the forces that shaped this evolution and the lessons they offer for the future. Introduction: Dean Cassandra Adams, Assistant Dean of Public Interest Law and Assistant Professor of Law in Residence, The University of Alabama School of Law Featured Presenter: Professor Tom Devine — Legal Director, Government Accountability Project; Director, University of the District of Columbia David A. Clarke School of Law Whistleblower Protection Clinic |
| 2:40pm – 3:40pm | Practitioner Perspectives: Litigating and Advising in Retaliation Cases | Experienced litigators discuss retaliation cases from investigation through appeal, offering practical guidance on litigation strategy, client counseling, evidentiary issues, settlement, and trial practice. Moderator: Professor Lane Woodke, Associate Professor of Law, Cumberland School of Law Panelists: Lynne Bernabei, Esq. — Partner, Bernabei & Kabat, PPLC, Washington, DC Artur G. Davis, Esq. — Partner, HKM Employment Attorneys LLP, Birmingham, AL; U.S. Representative, Alabama’s 7th District (D), 2003–2011 Lynlee Wells Palmer, Esq. — Principal and Office Litigation Manager, Jackson Lewis, P.C., Birmingham, AL |
| 3:40pm – 3:50pm | Closing Remarks | Sam Strickland Executive Editor, Alabama Law Review, Vol. 78 |
Speakers and presentation details
- Cassandra W. Adams
- Jeffrey R. Baker
- Lynne Bernabei
- Bill Corbett
- Artur Davis
- Tom Devine
- Heather Elliott
- Bryan K. Fair
- Catherine Fisk
- Michael Z. Green
- Fred Jacob
- Christopher Mathis
- Carol Miaskoff
- Jennifer Pacella
- Lynlee Wells Palmer
- Mark Gaston Pearce
- Nicole Porter
- Jennifer Rous
- Peggie Smith
- Daiquiri Steele
- David Weil
- Lane Hines Woodke
FAQ
What is the Symposium about?
The Symposium brings together leading scholars, current and former government officials, and practitioners to examine retaliation law and its relationship to the rule of law. The program will explore retaliation across a range of legal contexts, including civil rights, employment, constitutional law, and education.
Who should attend?
Scholars, lawyers, judges, government officials students, compliance and human resources professionals, advocates, and others interested in retaliation and whistleblower law are encouraged to attend.
How much does it cost to attend, and how do I register?
The Symposium is free and open to the public, but advance registration is required.
If you are seeking CLE credit, you must complete both the Symposium registration form and a separate CLE registration through Alabama CLE and pay the $275 CLE registration fee.
How much CLE credit is available?
The Symposium has been approved for 6.0 hours of Alabama CLE credit, including 5.0 general hours and 1.0 ethics hour.
Is registration required if I am not seeking CLE credit?
Yes. Advance registration is required for all attendees, even if you are attending for free and are not seeking CLE credit.
Will lunch be provided?
Yes. Lunch will be provided at no charge to registered Symposium attendees.
Do I need to be a lawyer to attend?
No. The Symposium is open to lawyers and non-lawyers alike.
What if I have additional questions?
For questions about the Symposium, please contact Professor Daiquiri Steele at dsteele@law.ua.edu