Law Commons^™

The Varieties Of Numerical Remedies, Eric Schnapper

Articles

This article seeks to provide a coherent account of why the federal courts have used numerical remedies and an analysis of the types of cases in which they should do so.

Part I describes the evolution of court ordered numerical remedies in Title VII and other employment cases and discusses the appellate courts' failure to establish any clear standards for adopting and framing such remedies. Part II argues that this lack of a coherent set of standards is due to a failure to recognize that the lower courts have been utilizing numerical remedies in six quite distinct types of cases, …