Thursday, May 9, 2013
NYLS Law Review Symposium on Trial by Jury or Trial by Motion? Summary Judgment, Iqbal, and Employment Discrimination
The New York Law School Law Review has an interesting new Symposium out which seeks to identify the reasons employment plaintiffs have far lower success rates on prejudgment and post-judgment motions when compared to other types of plaintiffs. The symposium issue is entitled: Trial by Jury or Trial by Motion? Summary Judgment, Iqbal, and Employment Discrimination (links to all articles available). It is based on a symposium by that same name held at New York Law School in April 2012.
Here are the contents of the Symposium Issue:
I. Trial by Jury or Trial by Motion? Summary Judgment, Iqbal, and Employment Discrimination
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 and 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 Hon. Nancy Gertner, Professor of Practice, Harvard Law School and U.S. District Court Judge, District of Massachusetts (Ret.)
Inferences in Employment Law Compared to Other Areas of Law: Turning the Rules Upside Down 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.
(In)competence in Appellate and District Court Brief Writing on Rule 12 and 56 Motions 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
Extremely impressive and wide-ranging series of papers on perhaps the legal issue these days at the intersection between employment discrimination law and civil procedure.