Thursday, May 9, 2013

NYLS Law Review Symposium on Trial by Jury or Trial by Motion? Summary Judgment, Iqbal, and Employment Discrimination

NylsThe 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.

PS

https://lawprofessors.typepad.com/laborprof_blog/2013/05/nyls-law-review-symposium-on-trial-by-jury-or-trial-by-motion-summary-judgment-iqbal-and-employment-.html

Conferences & Colloquia, Employment Discrimination, Scholarship | Permalink

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Comments

I think this is a huge problem. It makes little sense that judges will even dismiss cases on SJ even when the EEOC found probable cause for discrimination. Shouldn't this prove there are material issues of fact that should survive SJ? Shouldn't the resources provided to neutral administrative agencies like the EEOC and their state equivalents have some credence and be given at least a psintilla of consideration before dismissing a case to clear the docket? Apparently not, because I have seen several scenarios where the case is still dismissed. Sounds like a good scholarly article!

Posted by: kdi | May 9, 2013 3:39:09 PM

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