Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Back pay (2)
- Civil procedure (2)
- Civil rights (2)
- Class actions (2)
- Class certification (2)
-
- Gender discrimination (2)
- Rule 23 (2)
- Rule 23(b)(2) (2)
- United States Supreme Court (2)
- ADR (1)
- AT&T Mobility LLC v. Concepcion (1)
- Access to justice (1)
- Advisory Committee (1)
- Allison (1)
- Alternative dispute resolution (1)
- Arbitral proceedings (1)
- Arbitration (1)
- Ashcroft v. Iqbal (1)
- Atlantic Corp. v. Twombly (1)
- Benefits (1)
- Civil rights disputes (1)
- Class action (1)
- Class action litigation (1)
- Conley v. Gibson (1)
- Disadvantages (1)
- Dismissal (1)
- Dukes (1)
- Empirical research (1)
- Fairness (1)
- Publication
Articles 1 - 5 of 5
Full-Text Articles in Labor and Employment Law
How Goliath Won: The Future Implications Of Dukes V. Wal-Mart, Suzette M. Malveaux
How Goliath Won: The Future Implications Of Dukes V. Wal-Mart, Suzette M. Malveaux
Publications
No abstract provided.
Civil Rights And Systemic Wrongs, Melissa Hart
Civil Rights And Systemic Wrongs, Melissa Hart
Publications
Systemic employment discrimination is a structural, social harm whose victims include not only those who can be specifically identified, but also many who cannot. Pattern and practice claims in employment litigation are an essential tool for challenging this structural harm. Unfortunately, the Supreme Court's decision in Wal-Mart v. Dukes brushes aside the systemic nature of the plaintiffs' claims, making both theoretical and doctrinal mistakes in its application of the procedural and substantive law applicable in employment discrimination class action litigation. The most troubling part of the Court's opinion--its rejection of statistical modeling for remedial determinations--has received little attention. This article …
Class Actions At The Crossroads: An Answer To Wal-Mart V. Dukes, Suzette M. Malveaux
Class Actions At The Crossroads: An Answer To Wal-Mart V. Dukes, Suzette M. Malveaux
Publications
The Supreme Court has recently decided to hear argument in the largest private-employer civil rights case in American history, Dukes v. Wal-Mart Stores, Inc. This historic case involves up to 1.5 million women suing Wal-Mart, one of the largest companies in the world, for alleged gender discrimination in pay and promotions, in violation of Title VII of the Civil Rights Act of 1964. Like many employees who challenge companywide employment discrimination, the plaintiffs in Dukes brought their case as a class action pursuant to Rule 23(b)(2) of the Federal Rules of Civil Procedure and sought injunctive and declaratory relief, …
Clearing Civil Procedure Hurdles In The Quest For Justice, Suzette M. Malveaux
Clearing Civil Procedure Hurdles In The Quest For Justice, Suzette M. Malveaux
Publications
No abstract provided.
Arbitral And Judicial Proceedings: Indistinguishable Justice Or Justice Denied?, Pat K. Chew
Arbitral And Judicial Proceedings: Indistinguishable Justice Or Justice Denied?, Pat K. Chew
Articles
This is an exploratory study comparing the processes and outcomes in the arbitration and the litigation of workplace racial harassment cases. Drawing from an emerging large database of arbitral opinions, this article indicates that arbitration outcomes yield a lower percentage of employee successes than in litigation of these types of cases. At the same time, while arbitration proceedings have some of the same legal formalities (legal representation, legal briefs), they do not have other protective procedural safeguards.