Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Expert Testimony And "Subtle Discrimination" In The Workplace: Do We Now Need A Weatherman To Know Which Way The Wind Blows?, Deborah Dyson
Expert Testimony And "Subtle Discrimination" In The Workplace: Do We Now Need A Weatherman To Know Which Way The Wind Blows?, Deborah Dyson
Golden Gate University Law Review
This Comment studies Elsayed in order to investigate these questions. The Background discussion traces the two great lines of cases whose trajectories cross in Elsayed, the Daubert v. Merrell Dow expert testimony jurisprudence under the Federal Rules of Evidence and the McDonnell Douglas v. Green line of cases establishing the "pretext" model of proof for individual employment discrimination claims under Title VII of the 1964 Civil Rights Act. Then, turning to the opinion proper, the Analysis considers Elsayed under the following headings: (A) The Crux: The Court's Harmless-Error Determination, (B) Decoding in the Pretext Context, (C) Substituting the Mixed-Motives Regime …
Davis V. Los Angeles: Plaintiff's Burden Of Proof Under Section 1981, Patrick J. Coughlin, Martin J. Elmer
Davis V. Los Angeles: Plaintiff's Burden Of Proof Under Section 1981, Patrick J. Coughlin, Martin J. Elmer
Golden Gate University Law Review
No abstract provided.