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Full-Text Articles in Law

Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger Aug 2016

Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger

Lauren Edelman

Many employers create internal procedures for the resolution of discrimination complaints. We examine internal complaint handlers' conceptions of civil rights law and the implications of those conceptions for their approach to dispute resolution. Drawing on interview data, we find that complaint handlers tend to subsume legal rights under managerial interests. They construct civil rights law as a diffuse standard of fairness, consistent with general norms of good management. Although they seek to resolve complaints to restore smooth employment relations, they tend to recast discrimination claims as typical managerial problems. While the assimilation of law into the management realm may extend …


Multiple Disadvantages: An Empirical Test Of Intersectionality Theory In Eeo Litigation, Rachel Kahn Best, Linda Hamilton Krieger, Lauren B. Edelman, Scott R. Eliason Aug 2016

Multiple Disadvantages: An Empirical Test Of Intersectionality Theory In Eeo Litigation, Rachel Kahn Best, Linda Hamilton Krieger, Lauren B. Edelman, Scott R. Eliason

Lauren Edelman

A rich theoretical literature describes the disadvantages facing plaintiffs who suffer multiple, or intersecting, axes of discrimination. This article extends extant literature by distinguishing two forms of intersectionality: demographic intersectionality, in which overlapping demographic characteristics produce disadvantages that are more than the sum of their parts, and claim intersec· tionality, in which plaintiffs who allege discrimination on the basis of intersecting ascriptive characteristics (e.g., race and sex) are unlikely to win their cases. To date, there has been virtually no empirical research on the effects of either type of intersectionality on litigation outcomes. This article addresses that lacuna with an …


Legal Mobilization In Schools: The Paradox Of Rights And Race Among Youth, Calvin Morrill, Lauren B. Edelman, Karolyn Tyson, Richard Arum Aug 2016

Legal Mobilization In Schools: The Paradox Of Rights And Race Among Youth, Calvin Morrill, Lauren B. Edelman, Karolyn Tyson, Richard Arum

Lauren Edelman

In this article, we analyze ethnoracial patterns in youth perceptions and responses to rights violations and advance a new model oflegal mobilization that includes formal, quasi-, and extralegal action. Slightly more than half of the 5,461 students in our sample reported past rights violations involving discrimination, harassment, freedom of expression/assembly, and due process violations in disciplinary procedures. Students, regardless of race, are more likely to take extralegal than formal legal actions in response to perceived rights violations. Self-identified African American and Latina/a students are significantly more likely than white and Asian American students to perceive rights violations and are more …


Legal Discrimination: Empirical Sociolegal And Critical Race Perspectives On Antidiscrimination Law, Lauren Edelman, Aaron Smyth, Asad Rahim Dec 2015

Legal Discrimination: Empirical Sociolegal And Critical Race Perspectives On Antidiscrimination Law, Lauren Edelman, Aaron Smyth, Asad Rahim

Lauren Edelman

No abstract provided.


Working Law: Courts, Corporations, And Symbolic Civil Rights, Lauren Edelman Dec 2015

Working Law: Courts, Corporations, And Symbolic Civil Rights, Lauren Edelman

Lauren Edelman

No abstract provided.