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 | 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 William R. Corbett — Frank L. Maraist Professor of Law and the Wex S. Malone Professor of Law, Louisiana State University Paul M. Herbert Law Center 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 – 11:45am | 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: TBD, 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 — Assistant 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 |
| 11:45am – 12:15pm | Lunch Buffet | |
| 12:15pm – 1:45pm | 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 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, U.S. Department of Labor OSHA Whistleblower Protection Program, 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 Professor of Human Development, Brandeis University Heller School for Social Policy and Management |
| 1:45pm – 2:00pm | Break | |
| 2:00pm – 2:25pm | 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: TBD 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 |
| 2:25pm – 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: TBD, The University of Alabama School of Law Panelists: Lynne Bernabei, Esq. — Partner, Bernabei & Kabat, PPLC, Washington, DC Artur G. Davis, Esq. — Partner, HKM Employment Attorneys LLP, Birmingham, AL 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
Additional details will be added as they are confirmed.
FAQ
Where is the event?
The University of Alabama School of Law
101 Paul W. Bryant Drive
Tuscaloosa, AL 35487
How Do I register?
Registration information coming soon.