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Will Employment Discrimination Class Actions Survive?, Melissa Hart
Will Employment Discrimination Class Actions Survive?, Melissa Hart
Akron Law Review
This paper will argue that the changes wrought by the Civil Rights Act of 1991 do not in fact pose a barrier to resolution of employment discrimination claims through class litigation. The addition of compensatory and punitive damages and a jury-trial right in the Civil Rights Act of 1991 may increase the level of scrutiny and perhaps the level of judicial involvement necessary in an employment discrimination class action. But they do not render such a class action either impermissible under Rule 23 or violative of due process or Seventh Amendment jury trial rights. Courts and commentators who insist that …
Defining The Word: "Maintain"; Context Counts, Jack Friedenthal
Defining The Word: "Maintain"; Context Counts, Jack Friedenthal
Akron Law Review
To understand what a word means, especially one such as “maintain” that has multiple formal definitions, one must consider the background and purpose for which it is utilized.