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Full-Text Articles in Labor and Employment Law
The Allure And Danger Of Practicing Law As Taxonomy, Marcia L. Mccormick
The Allure And Danger Of Practicing Law As Taxonomy, Marcia L. Mccormick
All Faculty Scholarship
In this article, I hope to contribute to the ongoing debate on how our society treats the problem of discrimination. Many scholars have criticized the types of antidiscrimination statutes we have enacted as well as the ways in which the courts have interpreted those laws. While I agree with many of these critiques, rather than tackle those very large issues at the outset, I focus on the test the courts currently use to evaluate the evidence to determine whether an inference can be made that discrimination has occurred. I argue that lawyers and courts have become so caught up in …
The Character Of Discrimination Law: The Incompatibility Of Rule 404 And Employment Discrimination Suits, Lisa Marshall Manheim
The Character Of Discrimination Law: The Incompatibility Of Rule 404 And Employment Discrimination Suits, Lisa Marshall Manheim
Articles
This Note illustrates how violations of Rule 404 of the Federal Rules of Evidence (which prohibits litigants from relying on certain propensity proofs) occur routinely. It demonstrates that the ineffectiveness of the ban in the context of discrimination suits cannot be blamed on clever lawyers or negligent judges, but rather is a predictable consequence of the dearth of evidence available to discrimination plaintiffs. This Note concludes by arguing that this subtle but problematic incongruity justifies a reform of the Rule.