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Full-Text Articles in Law

Implicit Bias In Employment Litigation, Melissa R. Hart Jan 2012

Implicit Bias In Employment Litigation, Melissa R. Hart

Melissa R Hart

Judges exercise enormous discretion in civil litigation, and nowhere more than in employment discrimination litigation, where the trial court’s “common sense” view of what is or is not “plausible” has significant impact on the likelihood that a case will survive summary judgment. As a general matter, doctrinal developments in the past two decades have quite consistently made it more difficult for plaintiffs to assert their claims of discrimination. In addition, many of these doctrines have increased the role of judicial judgment – and the possibility of the court’s implicit bias – in the life cycle of an employment discrimination case. …


From Wards Cove To Ricci: Struggling Against The “Built In Headwinds” Of A Skeptical Court, Melissa R. Hart Jan 2011

From Wards Cove To Ricci: Struggling Against The “Built In Headwinds” Of A Skeptical Court, Melissa R. Hart

Melissa R Hart

No abstract provided.


Business-Like: The Supreme Court’S 2009-2010 Labor And Employment Decisions, Melissa R. Hart Jan 2010

Business-Like: The Supreme Court’S 2009-2010 Labor And Employment Decisions, Melissa R. Hart

Melissa R Hart

No abstract provided.


Procedural Extremism, Melissa R. Hart Jan 2009

Procedural Extremism, Melissa R. Hart

Melissa R Hart

No abstract provided.