Thursday, September 25, 2008
Two new pieces are recently posted on SSRN by new scholar Joe Seiner of the South Carolina School of the Law.
In the first one, The Trouble with Twombly: A Proposed Pleading Standard for Employment Discrimination Cases, 2009 U. Ill. L. Rev. (forthcoming), the article discusses the possible employment discrimination implications of the Supreme Court’s plausibility standard as set forth in Twombly, and proposes a uniform framework for pleading Title VII cases.
In the second, The Failure of Punitive Damages in Employment Discrimination Cases: A Call for Change, 50 Wm. & Mary L. Rev. (2008) (forthcoming), Seiner examines the effectiveness of punitive damages in Title VII claims and proposes a different framework for relief in employment discrimination cases.
Joe, relying on his past background as an EEOC appellate attorney, takes on two issues that do not get as much attention as they should. Especially with punitive damages under Title VII, I can relate from first-hand trial experience that the Kolstad standard is indeed confusing and badly needs to be reconsidered. I have called for a similar punitive damages reform under ERISA in a recent paper of my own.