Monday, April 22, 2013

NYLS Law Review Special Issue on Iqbal and Employment Discrimination


The New York Law School Law Review is pleased to announce the forthcoming publication of


Trial by Jury or Trial by Motion?

Summary Judgment, Iqbal, and Employment Discrimination


An invaluable resource for employment lawyers


Pre-order your copy by Monday, April 15, 2013 here.


$19.95 (shipping included)

$16.95 for NELA Members

For multiple copy and international orders,

contact or (212) 431-2109.


The articles in this issue by federal judges, practitioners, and scholars examine in-depth the high failure rate of plaintiffs in employment discrimination cases and propose specific, practical strategies for lawyers and policymakers to address, and reverse, the trend.


  • Introduction by Arthur S. Leonard, Professor of Law, New York Law School.
  • Summary Judgment in Employment Discrimination Cases: A Judge's Perspective by Hon. Denny Chin, U.S. Circuit Court Judge, U.S. Court of Appeals for the Second Circuit.
  • Essay: From the "No Spittin', No Cussin' And No Summary Judgment" Days of Employment Discrimination Litigation to the "Defendant's Summary Judgment Affirmed Without Comment" Days: One Judge's Four-Decade Perspective by Hon. Mark W. Bennett, U.S. District Court Judge, Northern District of Iowa.
  • The Jury (Or More Accurately the Judge) is Still Out for Civil Rights & Employment Cases Post-Iqbal by Suzette M. Malveaux, Associate Dean of Academic Affairs and Associate Professor of Law, The Catholic University of America, Columbus School of Law.
  • Bringing Back Reasonable Inferences: A Short, Simple Suggestion for Addressing Some Problems at the Intersection of Employment Discrimination and Summary Judgment by Hon. Bernice B. Donald, U.S. Circuit Court Judge, U.S. Court of Appeals for the Sixth Circuit; and J. Eric Pardue, Associate, Vinson & Elkins LLP.
  • "Only Procedural": Thoughts on the Substantive Law Dimensions of Preliminary Procedural Decisions in Employment Discrimination Cases by Elizabeth M. Schneider, Rose L. Hoffner Professor of Law, Brooklyn Law School; and Nancy Gertner, Professor of Practice, Harvard Law School and U.S. District Court Judge, District of Massachusetts (Ret.).
  • Judges and Inferences in Employment Lawsuits: A Case Study by David L. Lee, Principal, Law Offices of David L. Lee; and Jennifer C. Weiss, Principal, Law Offices of Jennifer C. Weiss.
  • Stopped at the Starting Gate: The Overuse of Summary Judgment in Equal Pay Cases by Deborah Thompson Eisenberg, Assistant Professor of Law, University of Maryland Francis King Carey School of Law and Director, Center for Dispute Resolution.
  • Documenting the Poor Quality of Plaintiffs' Briefings in Appellate and District Court Employment Discrimination Litigation by Scott A. Moss, Associate Professor of Law, University of Colorado Law School.
  • Cognitive Illiberalism, Summary Judgment, and Title VII: An Examination of Ricci v. DeStefano by Ann C. McGinley, William S. Boyd Professor of Law, William S. Boyd School of Law, University of Nevada, Las Vegas.


Papers were presented at the Trial by Jury or Trial by Motion? Summary Judgment, Iqbal, and Employment Discrimination conference held at New York Law School in April 2012. View the conference videos on our website, on YouTube, and on iTunesU (search "New York Law School").


Questions? Contact the Law Review at or 212-431-2109.


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About the New York Law School Law Review 

The New York Law School Law Review is a journal of legal scholarship edited and published by students at New York Law School four times a year. The Law Review is the largest law review in the United States, with 2012-2013 membership of more than 140 students, led by an editorial board assisted by staff editors, online staff editors, and members, working together with a full-time faculty publisher, to make all editorial and publication decisions. The Law Review has both a scholarly and an educational mission. It serves as an academic forum for legal scholarship by sponsoring four symposia each year and publishing the scholarship produced through those events. The Law Review also offers its students an important learning and professional development experience, providing opportunities for members to develop their writing, research, and editing skills, as well as other skills that are important for the successful practice of law, including communication, organizational, and project management skills. The Law Review is printed by Joe Christensen, Inc., in Lincoln, Nebraska. The Law Review's editorial and general offices are located at New York Law School, 185 West Broadway, New York, NY 10013.


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