I. Introduction
Research into employment discrimination litigation intensified in the early 1990s as such litigation began to account for an increasingly large part of the federal docket. Employment discrimination cases rose as a percentage of the federal docket until reaching a peak of about 10% in 2001. Since then, this… Read More »
In April, 2007, National Football League (“NFL”) Commissioner Roger Goodell announced a new league-wide disciplinary policy. The new policy attempts to address persistent criminal behavior among NFL players.
Under the NFL’s new personal conduct policy (Personal Conduct Policy or the Policy), Commissioner Goodell possesses full authority to impose a variety… Read More »
I. Introduction
Few areas of corporate governance have received as much attention as executive compensation. In the nineteenth century, robber barons were criticized and mocked, and in the early twentieth century, newspapers frequently disparaged top executives. These criticisms have continued into the twenty-first century, and they have intensified as… 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 »
This article is a response to an earlier posted piece by Richard Epstein: Protect Us, Lord, from Title VII: A Response to Gelbach, Klick, and Wexler.
We thank Richard Epstein for commenting on our online Article. He brings a unique perspective to the field of employment discrimination and pushes other scholars… Read More »
Government increasingly claims the power to control its employees’ expression to protect its own speech, a trend that imperils the public’s interest in transparent government as well as the free speech rights of more than twenty million government workers. In the past, courts interpreted the First Amendment to permit governmental… Read More »
In this Editorial, we present a basic, one-period microeconomic model in which equilibrium occurs in both perfectly competitive labor markets and goods markets. This piece is a companion to our earlier Legal Workshop Editorial, Passive Discrimination, which was posted on June 22, 2009. Because all hypothesized workers are equally productive,… Read More »
In their recent article, Passive Discrimination, Jonah Gelbach, Jonathan Klick, and Lesley Wexler (hereafter “GKW”) offer yet another way to pile additional liabilities on hapless employers for race or sex discrimination under Title VII of the Civil Rights Act of 1964. Their article is ingenious because it identifies a mechanism—previously discussed… Read More »
In this Editorial, we present a distinct mechanism of employer discrimination largely ignored by scholars and regulators alike. What we term “passive discrimination” involves an employer’s use of wage and benefits packages that exploit observed, systematic group-level preference heterogeneity in order to induce worker sorting such that members of a… Read More »
Below is a brief introduction to the Legal Workshop project. We hope you enjoy getting to know us, and we welcome your feedback.
Mission:
The Legal Workshop website provides a single online forum for cutting-edge legal scholarship from the top law journals in the country.
The Legal Workshop features… Read More »