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Law and Society

Courts

2011

Duke Law

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Full-Text Articles in Law

The New Old Legal Realism, Mitu Gulati, Tracey E. George, Ann Mcginley Jan 2011

The New Old Legal Realism, Mitu Gulati, Tracey E. George, Ann Mcginley

Faculty Scholarship

Do the decisions of appellate courts matter in the real world? The American judicial system, legal education, and academic scholarship are premised on the view that they do. The authors want to reexamine this question by taking the approach advocated by the original Legal Realists. The current project seeks to add to our knowledge of the relevance of case law by focusing on an area that has received little examination: how pronouncements about employment discrimination law by appellate courts translate into understandings and behavior at the ground level. As our lens, we use evidence of how people talk about the …