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Articles 1 - 30 of 144
Full-Text Articles in Law
Panel 2: Age And…: Intersectional Discrimination Against Older Workers, Lauren Edelman, Daniel B. Kohrman, Joanna Lahey, Joanne Song Mclaughlin
Panel 2: Age And…: Intersectional Discrimination Against Older Workers, Lauren Edelman, Daniel B. Kohrman, Joanna Lahey, Joanne Song Mclaughlin
Lauren Edelman
No abstract provided.
Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger
Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger
Lauren Edelman
Many employers create internal procedures for the resolution of discrimination complaints. We examine internal complaint handlers' conceptions of civil rights law and the implications of those conceptions for their approach to dispute resolution. Drawing on interview data, we find that complaint handlers tend to subsume legal rights under managerial interests. They construct civil rights law as a diffuse standard of fairness, consistent with general norms of good management. Although they seek to resolve complaints to restore smooth employment relations, they tend to recast discrimination claims as typical managerial problems. While the assimilation of law into the management realm may extend …
Multiple Disadvantages: An Empirical Test Of Intersectionality Theory In Eeo Litigation, Rachel Kahn Best, Linda Hamilton Krieger, Lauren B. Edelman, Scott R. Eliason
Multiple Disadvantages: An Empirical Test Of Intersectionality Theory In Eeo Litigation, Rachel Kahn Best, Linda Hamilton Krieger, Lauren B. Edelman, Scott R. Eliason
Lauren Edelman
A rich theoretical literature describes the disadvantages facing plaintiffs who suffer multiple, or intersecting, axes of discrimination. This article extends extant literature by distinguishing two forms of intersectionality: demographic intersectionality, in which overlapping demographic characteristics produce disadvantages that are more than the sum of their parts, and claim intersec· tionality, in which plaintiffs who allege discrimination on the basis of intersecting ascriptive characteristics (e.g., race and sex) are unlikely to win their cases. To date, there has been virtually no empirical research on the effects of either type of intersectionality on litigation outcomes. This article addresses that lacuna with an …
Legal Mobilization In Schools: The Paradox Of Rights And Race Among Youth, Calvin Morrill, Lauren B. Edelman, Karolyn Tyson, Richard Arum
Legal Mobilization In Schools: The Paradox Of Rights And Race Among Youth, Calvin Morrill, Lauren B. Edelman, Karolyn Tyson, Richard Arum
Lauren Edelman
In this article, we analyze ethnoracial patterns in youth perceptions and responses to rights violations and advance a new model oflegal mobilization that includes formal, quasi-, and extralegal action. Slightly more than half of the 5,461 students in our sample reported past rights violations involving discrimination, harassment, freedom of expression/assembly, and due process violations in disciplinary procedures. Students, regardless of race, are more likely to take extralegal than formal legal actions in response to perceived rights violations. Self-identified African American and Latina/a students are significantly more likely than white and Asian American students to perceive rights violations and are more …
Legal Discrimination: Empirical Sociolegal And Critical Race Perspectives On Antidiscrimination Law, Lauren Edelman, Aaron Smyth, Asad Rahim
Legal Discrimination: Empirical Sociolegal And Critical Race Perspectives On Antidiscrimination Law, Lauren Edelman, Aaron Smyth, Asad Rahim
Lauren Edelman
No abstract provided.
Working Law: Courts, Corporations, And Symbolic Civil Rights, Lauren Edelman
Working Law: Courts, Corporations, And Symbolic Civil Rights, Lauren Edelman
Lauren Edelman
No abstract provided.
When “Best Practices” Win, Employees Lose: Symbolic Compliance And Judicial Inference In Federal Equal Employment Opportunity Cases, Linda Krieger, Rachel Best, Lauren Edelman
When “Best Practices” Win, Employees Lose: Symbolic Compliance And Judicial Inference In Federal Equal Employment Opportunity Cases, Linda Krieger, Rachel Best, Lauren Edelman
Lauren Edelman
This article provides a new account of employers' advantages over employees in federal employment discrimination cases. We analyze the effects of judicial deference, in which judges use institutionalized employment structures to infer nondiscrimination without scrutinizing those structures in any meaningful way. Using logistic regression to analyze a representative sample of judicial opinions in federal EEO cases during the first thirty-five years after the passage of the 1964 Civil Rights Act, we find that when judges uncritically use the presence of organizational structures to reason about whether discrimination occurred, employers are much more likely to prevail. This pattern is especially pronounced …
Law: The Socio-Legal Perspective, Lauren Edelman, Marc Galanter
Law: The Socio-Legal Perspective, Lauren Edelman, Marc Galanter
Lauren Edelman
No abstract provided.
Working Law: Legal Endogeneity And Symbolic Civil Rights, Lauren Edelman
Working Law: Legal Endogeneity And Symbolic Civil Rights, Lauren Edelman
Lauren Edelman
No abstract provided.
Working Law: Legal Endogeneity And Symbolic Civil Rights, Lauren Edelman
Working Law: Legal Endogeneity And Symbolic Civil Rights, Lauren Edelman
Lauren Edelman
No abstract provided.
Working Law: Endogeneity And Symbolic Civil Rights, Lauren Edelman
Working Law: Endogeneity And Symbolic Civil Rights, Lauren Edelman
Lauren Edelman
No abstract provided.
The Dispute Tree And The Legal Forest, Catherine R. Albiston, Lauren B. Edelman, Joy Milligan
The Dispute Tree And The Legal Forest, Catherine R. Albiston, Lauren B. Edelman, Joy Milligan
Lauren Edelman
No abstract provided.
Rivers Of Law Contested Terrain: A Law And Society Approach To Economic Rationality, Lauren B. Edelman
Rivers Of Law Contested Terrain: A Law And Society Approach To Economic Rationality, Lauren B. Edelman
Lauren Edelman
No abstract provided.
When The Haves Hold Court: Speculations On The Organizational Internalization Of Law, Lauren B. Edelman, Mark C. Suchman
When The Haves Hold Court: Speculations On The Organizational Internalization Of Law, Lauren B. Edelman, Mark C. Suchman
Lauren Edelman
No abstract provided.
Legal Ambiguity And The Politics Of Compliance: Affirmative Action Officers' Dilemma, Lauren B. Edelman, Stephen Petterson, Elizabeth Chambliss, Howard S. Erlanger
Legal Ambiguity And The Politics Of Compliance: Affirmative Action Officers' Dilemma, Lauren B. Edelman, Stephen Petterson, Elizabeth Chambliss, Howard S. Erlanger
Lauren Edelman
No abstract provided.
Legal Rational Myths: The New Institutionalism And The Law And Society Tradition, Mark C. Suchman, Lauren B. Edelman
Legal Rational Myths: The New Institutionalism And The Law And Society Tradition, Mark C. Suchman, Lauren B. Edelman
Lauren Edelman
No abstract provided.
Professional Construction Of Law: The Inflated Threat Of Wrongful Discharge, Lauren B. Edelman, Steven E. Abraham, Howard S. Erlanger
Professional Construction Of Law: The Inflated Threat Of Wrongful Discharge, Lauren B. Edelman, Steven E. Abraham, Howard S. Erlanger
Lauren Edelman
No abstract provided.
The Effects Of Parental Involvement On The College Student Transition: A Qualitative Study At A Large Midwestern University, Lauren Edelman
The Effects Of Parental Involvement On The College Student Transition: A Qualitative Study At A Large Midwestern University, Lauren Edelman
Lauren Edelman
This qualitative research studied the phenomenon of parental involvement in the college transition process and sought to understand if students perceived they were affected, relative to the development of independence and autonomy, by the amount of parental involvement they experienced during this transition. Six traditional college freshmen were interviewed and asked about their relationships with their parents, their parent’s involvement during the college search, application, and transition process, and how they perceived this involvement affected their development of independence and autonomy. This study explored the effects of parental involvement as students transitioned from high school to college. The study looked …
When Best Practices Win, Employees Lose, Lauren Edelman
When Best Practices Win, Employees Lose, Lauren Edelman
Lauren Edelman
No abstract provided.
The Endogeneity Of Law, Lauren Edelman
Symbolic Compliance And Judicial Deference In Federal Eeo Cases, Lauren Edelman
Symbolic Compliance And Judicial Deference In Federal Eeo Cases, Lauren Edelman
Lauren Edelman
No abstract provided.
Law & Society: On Canons, Disciplines, And Big Tents, Lauren Edelman
Law & Society: On Canons, Disciplines, And Big Tents, Lauren Edelman
Lauren Edelman
Keynote Speaker
When Organizations Rule: Judicial Deference To Institutionalized Employment Structures, Lauren Edelman, Linda Krieger, Scott Eliason, Catherine Albiston, Virginia Mellema
When Organizations Rule: Judicial Deference To Institutionalized Employment Structures, Lauren Edelman, Linda Krieger, Scott Eliason, Catherine Albiston, Virginia Mellema
Lauren Edelman
This article offers a theoretical and empirical analysis of legal endogeneity—a powerful process through which institutionalized organizational structures influence judicial conceptions of compliance with antidiscrimination law. It finds that organizational structures (e.g., grievance and evaluation procedures, antiharassment policies) become symbolic indicators of rational governance and compliance with antidiscrimination laws, first within organizations, but eventually in the judicial realm as well. Lawyers and judges tend to infer nondiscrimination from the mere presence of those structures. Judges increasingly defer to organizational structures in their opinions, ultimately inferring nondiscrimination from their presence. Legal endogeneity theory is tested by analyzing a random sample of …
Lawrence Friedman And The Canons Of Law & Society, Lauren Edelman
Lawrence Friedman And The Canons Of Law & Society, Lauren Edelman
Lauren Edelman
No abstract provided.
L'Endogeneite Du Droit, Lauren Edelman
To Comply Or Not To Comply - That Isn't The Question: How Organizations Construct The Meaning Of Compliance, Lauren Edelman, Shauhin Talesh
To Comply Or Not To Comply - That Isn't The Question: How Organizations Construct The Meaning Of Compliance, Lauren Edelman, Shauhin Talesh
Lauren Edelman
No abstract provided.
Law, Organizations, And Social Movements, Lauren Edelman, Gwendolyn Leachman, Doug Mcadam
Law, Organizations, And Social Movements, Lauren Edelman, Gwendolyn Leachman, Doug Mcadam
Lauren Edelman
No abstract provided.
When Organizations Rule: Judicial Deference To Institutionalized Organizational Structures, Lauren Edelman
When Organizations Rule: Judicial Deference To Institutionalized Organizational Structures, Lauren Edelman
Lauren Edelman
No abstract provided.
Suing And Losing: A Test Of The Intersectionality Thesis, Lauren Edelman
Suing And Losing: A Test Of The Intersectionality Thesis, Lauren Edelman
Lauren Edelman
No abstract provided.
Media Constructions Of Students' Legal Rights, Lauren Edelman
Media Constructions Of Students' Legal Rights, Lauren Edelman
Lauren Edelman
No abstract provided.