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Torgerson's Twilight: The Antidiscrimination Jurisprudence Of Judge Diana E. Murphy, David Schraub
Torgerson's Twilight: The Antidiscrimination Jurisprudence Of Judge Diana E. Murphy, David Schraub
David Schraub
An essay for the Minnesota Law Review's symposium honoring the memory of Judge Diana E. Murphy, United States Court of Appeals for the Eighth Circuit.
Playing With Cards: Discrimination Claims And The Charge Of Bad Faith, David Schraub
Playing With Cards: Discrimination Claims And The Charge Of Bad Faith, David Schraub
David Schraub
A common response to claims of bias, harassment, or discrimination is to say that these claims are made in bad faith. Claimants are supposedly not motivated by a credible or even sincere belief that unfair or unequal treatment has occurred, but simply seek to illicitly gain public sympathy or private reward. Characterizing discrimination claims as systemically made in bad faith enables them to be screened and dismissed prior to engaging with them on their merits. This retort preserves the dominant groups' self-image as unprejudiced and innocent without having to risk critical analysis of the claim's substance.