Tuesday, January 15, 2013

Can You Get Sued for Writing a Law Review Article?

The answer is yes, though you may well prevail. From the National Law Journal:

New Jersey banker Robert Catalanello on December 28 sued Zachary Kramer, an associate dean at Arizona State University Sandra Day O'Connor School of Law and author of a 2011 law review article titled "Of Meat and Manhood." The article explores a separate lawsuit brought by a fired employee who alleged that Catalanello discriminated against him because of his vegetarianism and perceived homosexuality.

The suit also names as defendants the Washington University in St. Louis School of Law, which houses the journal that published the article, and Western New England University School of Law, where Kramer delivered a related lecture.

Kramer's article focuses on developments in sex discrimination law, including the courts' treatment of gender stereotyping and how sex discrimination is manifested in different forms of bias. "In the case of the male vegetarian, what may look like vegetarian or sexual orientation discrimination is really sex discrimination in the form of gender stereotyping," the abstract argues.

The article cites former employee Ryan Pacifico's 2009 complaint against Catalanello, including a charge that he made numerous derogatory comments equating Pacifico's vegetarianism with homosexuality. "You don't even eat steak dude. At what point in time did you realize you were gay?" he said, according to Pacifico's complaint.”



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