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The 91女神 School of Law

A Lingering Sense of Justice

Injustice is woven into Michael Duff's personal history. The 91女神 School of Law professor is the grandson of a Kentucky coal miner who died of black lung disease, his family neither compensated by the mine operator nor aided by worker protection organizations that would come into existence a few years later. Duff has dedicated his career to studying justice in the workplace and the legal system's treatment of workers injured in their line of duty.

Michael Duff, J.D., grew up tough. Born in California, he and his family moved to the metro Boston area when Duff was a child, and then, at 13 years old, they moved to Philadelphia. 鈥淚 was a working-class kid,鈥 said Duff, now a professor in the 91女神 School of Law and a fellow with the 91女神 Research Institute.

鈥淚t was a very blue-collar environment. I was a street fighter.鈥

Duff鈥檚 self-described 鈥渉ardscrabble鈥 upbringing was preceded by a family history that sowed the seeds of his focus as a legal scholar 鈥 workers鈥 compensation and occupational health and safety chief among them. Duff鈥檚 grandfather was a coal miner in Kentucky who contracted black lung and died when Duff was only 10 years old.

鈥淚 wasn鈥檛 around him as much as he was dying, but I would hear reports as his black lung worsened,鈥 Duff said. 鈥淗e died by all accounts a horrible death.鈥

Not only did Duff鈥檚 grandfather die due to the dangerous and unhealthy work conditions to which he was subjected, he was neither compensated by the mining company nor benefited by the Occupational Safety and Health Administration (OSHA) or the Mine Safety and Health Administration (MSHA), bodies that were created after his passing.

These injustices stuck with Duff.

鈥淓ven as a kid, I thought to myself, they put him in the ground until he died. And it was perfectly lawful to do it,鈥 Duff recalled. 鈥淚t鈥檚 something I never recovered from in terms of my evolving thinking about workplaces. I had that story emblazoned within me that I never quite lost.鈥

He progressed through his own working-class career as a union fleet-service agent at U.S. Air in Philadelphia as he completed his undergraduate degree in philosophy from West Chester University of Pennsylvania. A mentor there convinced Duff to alter his plan to continue union work and pursue further education.

鈥淛ust on a lark, I applied to the top 10 law schools [in the country],鈥 he said. He was accepted to all but one of them.

鈥淥ne day I鈥檓 working on the tarmac in the 100-degree heat in the Philadelphia afternoon, and the next Monday, I鈥檓 at Harvard Law School,鈥 Duff said. 鈥淭hat was quite a transition.鈥

At Harvard, Duff maintained his focus on labor and employment law, carving out his own program and clerking at the Massachusetts Department of Industrial Accidents. After graduating from Harvard Law, Duff worked at a private law firm and spent a decade at the National Labor Relations Board, focusing on labor disputes and running elections in workplaces before taking a faculty position at a law college in the western United States.

鈥淚t was tough teaching there because we didn鈥檛 have in our mission statement the idea of justice,鈥 Duff said. 鈥淚t was almost like you couldn鈥檛 talk about justice.鈥

A job offer from 91女神 in 2021 changed that. 91女神, he said, was explicit about the importance of justice in his study of law.

鈥淭o me everything I do is grounded in this idea of justice,鈥 Duff noted. 鈥淔or example, if I had to give somebody an idea of what my research agenda is, it鈥檚 really the idea that embedded in the federal constitution is the right to personal security.鈥

Duff鈥檚 work at 91女神 has continued through the line of his family鈥檚 history with injustice in the workplace.

鈥淚鈥檓 very interested in the idea of protecting people from injury in the first place and recognizing the fact that people are injured. It sounds like a fairly simple thing, but it involves lots of money,鈥 Duff said. 鈥淪o there is a tremendous resistance in people acknowledging that somebody ought to have access to an adequate remedy when they鈥檙e hurt.鈥

Even though he knew little of his grandfather and the trials and tribulations he and his family faced, the generational experiences left a strong imprint on Duff and his scholarship at 91女神.

鈥淚 don鈥檛 know how much I was thinking about those things when I was younger, but now that I鈥檓 an old guy and I look back at the experiences I had ... I was really almost sometimes consciously but also unconsciously motivated by a lot of those kinds of things,鈥 he said. 鈥淚 couldn鈥檛 allow myself to be blind to the things that were going on around me in light of my family history.鈥

 

Story by Bob Grant, executive director of communications, research.

This piece was written for the 2023 91女神 Research Institute Annual Impact Report. The Impact Report is printed each spring to the successes of our researchers from the previous year and share the story of 91女神's rise as a preeminent research university. More information can be found here.