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Articles 1 - 30 of 68
Full-Text Articles in Law
Federal Court Orders Reinstatement Of Discharged Trans Professor, Arthur S. Leonard
Federal Court Orders Reinstatement Of Discharged Trans Professor, Arthur S. Leonard
Other Publications
No abstract provided.
Fool Me Once, Shame On You; Fool Me Twice, Shame On You Again: How Disparate Treatment Doctrine Perpetuates Racial Hierarchy, David Simson
Fool Me Once, Shame On You; Fool Me Twice, Shame On You Again: How Disparate Treatment Doctrine Perpetuates Racial Hierarchy, David Simson
Articles & Chapters
Title VII race discrimination doctrine is excessively hostile to workers of color, and many observers agree that it needs to be fixed. Yet comparatively few analyses of the doctrine weave together doctrinal and theoretical insights with systematic empirical findings from social science. This Article looks to Social Dominance Theory—a social psychology theory with a robust body of supporting empirical research—to take on this task and connect judicial interpretation of Title VII to the human tendency to create and maintain group-based hierarchies. In doing so, the Article questions the common view that Title VII race discrimination doctrine is symmetrical, protecting all …
Bekele V. Lyft, Inc., Anne Maly
Growing The Resistance: A Call To Action For Transactional Lawyers In The Era Of Trump, Gowri Krishna
Growing The Resistance: A Call To Action For Transactional Lawyers In The Era Of Trump, Gowri Krishna
Articles & Chapters
his essay is a call to action for transactional lawyers looking to support vulnerable immigrants through non-litigation means. By providing a snapshot of an especially precarious time in history for immigrants in the U.S.—the period immediately after the 2016 presidential election—the essay illustrates future areas of opportunity for transactional attorneys.
Gay Judge Nixes Anonymity For Genderqueer Plaintiff, Arthur S. Leonard
Gay Judge Nixes Anonymity For Genderqueer Plaintiff, Arthur S. Leonard
Other Publications
No abstract provided.
Transsexual, Transgender, Trans: Reading Judicial Nomenclature In Title Vii Cases, Kris Franklin, Sarah Chinn
Transsexual, Transgender, Trans: Reading Judicial Nomenclature In Title Vii Cases, Kris Franklin, Sarah Chinn
Articles & Chapters
No abstract provided.
Glatt V. Fox Searchlight Pictures, Inc., Rodger Quigley
Glatt V. Fox Searchlight Pictures, Inc., Rodger Quigley
NYLS Law Review
No abstract provided.
A Battle Over Statutory Interpretation: Title Vii And Claims Of Sexual Orientation And Gender Identity Discrimination, Arthur S. Leonard
A Battle Over Statutory Interpretation: Title Vii And Claims Of Sexual Orientation And Gender Identity Discrimination, Arthur S. Leonard
Other Publications
No abstract provided.
Navistar, Inc. V. Forester, Adrienne Baffa
Green V. Donahoe, Gerard Quinn
Louisiana Municipal Police Employees’ Retirement System V. Wynn, Benjamin Eisenstein
Louisiana Municipal Police Employees’ Retirement System V. Wynn, Benjamin Eisenstein
NYLS Law Review
No abstract provided.
Fulk V. Norfolk Southern Railway Company, Jonathon Sizemore
Fulk V. Norfolk Southern Railway Company, Jonathon Sizemore
NYLS Law Review
No abstract provided.
Fired Anti-Gay Atlanta Fire Chief Strikes Back In Lawsuit, Arthur S. Leonard
Fired Anti-Gay Atlanta Fire Chief Strikes Back In Lawsuit, Arthur S. Leonard
Other Publications
No abstract provided.
Glatt V. Fox Searchlight Pictures Inc., Zachary Edelman
Glatt V. Fox Searchlight Pictures Inc., Zachary Edelman
NYLS Law Review
No abstract provided.
$1.6 Million Employment Bias Award Upheld By Manhattan Appeals Court, Arthur S. Leonard
$1.6 Million Employment Bias Award Upheld By Manhattan Appeals Court, Arthur S. Leonard
Other Publications
No abstract provided.
Same-Sex Couples Denied Employer Benefits Will Get Their Day In Court, Arthur S. Leonard
Same-Sex Couples Denied Employer Benefits Will Get Their Day In Court, Arthur S. Leonard
Other Publications
No abstract provided.
Worker Cooperative Creation As Progressive Lawyering: Moving Beyond The One-Person, One-Vote Floor, Gowri Krishna
Worker Cooperative Creation As Progressive Lawyering: Moving Beyond The One-Person, One-Vote Floor, Gowri Krishna
Articles & Chapters
Community Economic Development (CED) scholars posit that creating worker cooperatives, businesses owned and managed by their workers, is a progressive approach to CED that has the potential to go beyond job creation and spur grassroots political activism. Yet many workers’ rights organizations and workers’ rights advocates, especially those serving low-wage immigrant workers, struggle with how to connect worker cooperatives to broader efforts for change. This Article argues that forming a worker cooperative that acts as a change agent requires more than simply structuring the business as a worker cooperative. Cooperative corporation laws and cooperative principles set a floor — typically, …
“Only Procedural”: Oughts On The Substantive Law Dimensions Of Preliminary Procedural Decisions In Employment Discrimination Cases, Elizabeth M. Schneider, Hon. Nancy Gertner
“Only Procedural”: Oughts On The Substantive Law Dimensions Of Preliminary Procedural Decisions In Employment Discrimination Cases, Elizabeth M. Schneider, Hon. Nancy Gertner
NYLS Law Review
No abstract provided.
Summary Judgment In Employment Discrimination Cases: A Judge’S Perspective, Hon. Denny Chin
Summary Judgment In Employment Discrimination Cases: A Judge’S Perspective, Hon. Denny Chin
NYLS Law Review
No abstract provided.
The Jury (Or More Accurately The Judge) Is Still Out For Civil Rights And Employment Cases Post-Iqbal, Suzette M. Malveaux
The Jury (Or More Accurately The Judge) Is Still Out For Civil Rights And Employment Cases Post-Iqbal, Suzette M. Malveaux
NYLS Law Review
No abstract provided.
Essay:1 From The “No Spittin’, No Cussin’ And No Summary Judgment”2 Days Of Employment Discrimination Litigation To The “Defendant’S Summary Judgment A Rmed Without Comment” Days: One Judge’S Four-Decade Perspective, Hon. Mark W. Bennett
NYLS Law Review
No abstract provided.
Inferences In Employment Law Compared To Other Areas Of The Law: Turning The Rules Upside Down, David L. Lee, Jennifer C. Weiss
Inferences In Employment Law Compared To Other Areas Of The Law: Turning The Rules Upside Down, David L. Lee, Jennifer C. Weiss
NYLS Law Review
No abstract provided.
Stopped At The Starting Gate: E Overuse Of Summary Judgment In Equal Pay Cases, Deborah Thompson Eisenberg
Stopped At The Starting Gate: E Overuse Of Summary Judgment In Equal Pay Cases, Deborah Thompson Eisenberg
NYLS Law Review
No abstract provided.
Rescuing The Union Grievance From The Shoals Of Garcetti: A Call For The Return To Reason In Public Workplace Speech Jurisprudence, Eric Marshall
Rescuing The Union Grievance From The Shoals Of Garcetti: A Call For The Return To Reason In Public Workplace Speech Jurisprudence, Eric Marshall
NYLS Law Review
No abstract provided.
Bringing Back Reasonable Inferences: A Short, Simple Suggestion For Addressing Some Problems At The Intersection Of Employment Discrimination And Summary Judgment, Hon. Bernice B. Donald, J. Eric Pardue
Bringing Back Reasonable Inferences: A Short, Simple Suggestion For Addressing Some Problems At The Intersection Of Employment Discrimination And Summary Judgment, Hon. Bernice B. Donald, J. Eric Pardue
NYLS Law Review
No abstract provided.
Cognitive Illiberalism, Summary Judgment, And Title Vii: An Examination Of Ricci V. Destefano, Ann C. Mcginley
Cognitive Illiberalism, Summary Judgment, And Title Vii: An Examination Of Ricci V. Destefano, Ann C. Mcginley
NYLS Law Review
No abstract provided.
(In)Competence In Appellate And District Court Brief Writing On Rule 12 And 56 Motions, Scott A. Moss
(In)Competence In Appellate And District Court Brief Writing On Rule 12 And 56 Motions, Scott A. Moss
NYLS Law Review
No abstract provided.
Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?, Kristi Weiner
Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?, Kristi Weiner
NYLS Law Review
No abstract provided.
Hybrid Class Actions, Dual Certification, And Wage Law Enforcement In The Federal Courts, Andrew Brunsden
Hybrid Class Actions, Dual Certification, And Wage Law Enforcement In The Federal Courts, Andrew Brunsden
Articles & Chapters
Hybrid wage-and-hour class actions, which combine a Fair Labor Standards Act ("FLSA ') opt-in collective action and a Federal Rule of Civil Procedure Rule 23 opt-out class action in a single civil action, demonstrate the unusual interplay of opt-in and opt-out rules. The hybrid class action, and its viability as a mechanism for wage law enforcement, raises fundamental questions as to who participates in lawsuits, how we should hold employers accountable for wage-and-hour noncompliance, and the role of the federal courts in enforcing public rights. An opt-in rule tends to produce low participation rates, while an opt-out rule tends to …
Jung V. Skadden, Arps, Slate, Meagher & Flom, Zachary Kerner
Jung V. Skadden, Arps, Slate, Meagher & Flom, Zachary Kerner
NYLS Law Review
No abstract provided.