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Full-Text Articles in Law
A Pragmatic Approach To Interpreting The Federal Rules, Suzette M. Malveaux
A Pragmatic Approach To Interpreting The Federal Rules, Suzette M. Malveaux
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No abstract provided.
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
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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, …
Learning From Wal-Mart, Melissa Hart
Learning From Wal-Mart, Melissa Hart
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This article considers the landmark gender discrimination class action, Dukes v. Wal-Mart Stores, both as a prototype of an emerging litigation strategy and also as a case that is entirely unique. As part of a growing trend of gender discrimination class claims, Dukes has the potential to push the boundaries of the law to confront the pervasive, tenacious stereotypes that continue to limit women's workplace opportunities. The plaintiffs' arguments - both the narrative of discrimination their evidence set out and the legal strategies they chose - are strikingly similar to claims that have been made in many class action …