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Full-Text Articles in Law
The Gross Beast Of Burden Of Proof: Experimental Evidence On How The Burden Of Proof Influences Employment Discrimination Case Outcomes, David Sherwyn, Michael Heise
The Gross Beast Of Burden Of Proof: Experimental Evidence On How The Burden Of Proof Influences Employment Discrimination Case Outcomes, David Sherwyn, Michael Heise
Michael Heise
Scholarly and public attention to the burden of proof and jury instructions has increased dramatically since the Supreme Court's 2009 decision in Gross v. FBL Financial Services, Inc. Gross holds that the so-called mixed-motive jury instruction, which we call the motivating factor instruction, is not available in age, and possibly disability and retaliation cases. The decision prompted an outcry from the plaintiffs' bar and Congress has proposed legislation to overturn Gross. Despite the outcry, a simple question persists: Does the motivating factor jury instruction influence case outcomes? Results from our experimental mock jury study suggest that such jury instructions do …
Life-Cycle Justice: Accommodating Just Cause And Employment At Will, Stewart J. Schwab
Life-Cycle Justice: Accommodating Just Cause And Employment At Will, Stewart J. Schwab
Stewart J Schwab
No abstract provided.
Civil Rights Litigation From The October 2007 Term, Martin A. Schwartz
Civil Rights Litigation From The October 2007 Term, Martin A. Schwartz
Martin A. Schwartz
No abstract provided.
Giving Notice: An Argument For Notification Of Putative Plaintiffs In Complex Litigation, Marjorie A. Silver
Giving Notice: An Argument For Notification Of Putative Plaintiffs In Complex Litigation, Marjorie A. Silver
Marjorie A. Silver
Professor Silver advocates recognition of an inherent judicial power to send or authorize notice of pending litigation to potentially interested persons with unfiled claims. Recognizing such a judicial power is consistent with recent legal developments establishing a role for judges in expediting and managing federal litigation. Although the Federal Rules of Civil Procedure only explicitly provide for notice to potential parties in Rule 23 class action litigation, Professor Silver demonstrates that a more general judicial power to notify putative plaintiffs is consistent with the federal rules and the Constitution. She also shows that the first amendment values support a judicial …
Employment Discrimination: Recent Developments In The Supreme Court (The Supreme Court And Local Government Law: The 1994-1995 Term), Eileen Kaufman
Employment Discrimination: Recent Developments In The Supreme Court (The Supreme Court And Local Government Law: The 1994-1995 Term), Eileen Kaufman
Eileen Kaufman
No abstract provided.
Public Policy And The Tyranny Of The Bottom Line In The Termination Of Older Workers, Judith D. Fischer
Public Policy And The Tyranny Of The Bottom Line In The Termination Of Older Workers, Judith D. Fischer
Judith D. Fischer
This article discusses whether termination of an older worker in order to hire a younger worker for less money should be construed as a violation of the Age Discrimination in Employment Act (ADEA). Drawing on scholarship from the fields of education, business psychology, sociology, and the law, the article concludes that allowing salary-based terminations is bad public policy. In additional to harming the terminated workers, such terminations also affect the remaining employees’ morale and send younger workers the message that if they work hard and achieve high salaries, they will become prime targets for termination. The article also critiques the …