Friday, March 25, 2011

Rescuing Disparate Treatment Law

For those who worry about what's going to happen with systemic disparate treatment, Tristin Green and Noah Zatz.have organized a Working Group on The Future of Systemic Disparate Treatment Law, whose title says it all.

Given that Wal-Mart v. Dukes will be argued by the Supreme Court next week, I view the group as a vote of confidence that the substantive theory will continue to function once the Court resolves the procedural question of class certification in Wal-Mart. I hope they're right!

The Group met for a full day of critical discussion on March 18, 2011 at the University of San Francisco School of Law.  Collaboration, critique, and engaged discussion are to continue.  Papers will be published in Volume 32 of the Berkeley Journal of Employment and Labor Law (forthcoming winter 2011).

Members of the Working Group:

Richard Ford (Stanford Law)
Tristin Green (University of San Francisco Law)
Melissa Hart (University of Colorado Law)
Michael Selmi (GW Law)
Noah Zatz (UCLA Law)

If you want to get a taste of what we can look for out of this timely collaboration, see 
Tristin K. Green, The Future of Systemic Disparate Treatment Law, 32 Berk. J. of Emp. & Lab. L. __ (forthcoming 2011). –

Papers by other members of the group should follow and I'm sure they'll all be interested in any thoughts blog readers might have on this project. They should brace themselves for mine!


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...and mine. This is an overdue discussion, and I look forward to the papers.

Posted by: J. Bent | Mar 25, 2011 6:34:21 AM

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