In debates over civil litigation, class actions have long garnered considerable attention. Controversy continues to rage over efforts to certify class actions in the face of objections from defendants. Debate also swirls over their use as a vehicle for settlement, with the defendant’s consent. All of this ferment suggests that… Read More »
In Ledbetter v. Goodyear Tire & Rubber Co. a new act of discrimination occurred and a new limitations period arose each time an employer issued a paycheck to an employee that reflected… Read More »
Can women capture the benefits of equal citizenship in a legal system that does not mandate accommodations for pregnant workers? This Article argues that they cannot. Current pregnancy discrimination law, which bases the right to work on full capacity, systematically deprives women of equal opportunity to make use of their… Read More »
That some religious beliefs clash with the gay rights movement is undeniable. When these interests conflict in the form of litigation and both sides adopt the rhetoric of rights, the resulting rights clash challenges the United States legal system’s ability to come to a principled result. While the public views… Read More »
Defenders of sex and race inequality often contend that women and people of color are better off with fewer rights and opportunities. This claim straddles substantive debates that are rarely considered together, linking such seemingly disparate disputes as the struggles over race-based affirmative action, antiabortion laws, and marital rape exemptions.… Read More »
Reports of the death of Title VII’s disparate impact theory of discrimination in the wake of Ricci v. DeStefanomay be exaggerated. Widely praised and widely criticized in the newspapers and the blogosphere, Ricci is the latest, but not the last, chapter in a long-running feud between Congress and the Supreme Court regarding… Read More »
By allowing the condemnation of private homes to make way for a “more attractive” private development, the U.S. Supreme Court in Kelo v. City of New London roused the fury of the libertarian legal academy and much of the public. In Kelo, the Court held that a plan for private economic… Read More »
The Supreme Court’s 2003 affirmative action decisions, Gratz v. Bollinger were widely heralded as victories for proponents of affirmative action. However, these opinions dealt with the use of race only in the highly specialized context of higher education admissions. They said nothing about its use in other higher… Read More »
This Editorial is a response to Dan Markel’s Legal Workshop Editorial: Retributive Damages as Intermediate Public Sanctions: A Synopsis.
In Retributive Damages: A Theory of Punitive Damages as Intermediate Sanction, Professor Markel intentionally situates his… Read More »
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