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This book describes how the Supreme Court has used procedural law to undermine the civil rights of minority workers. It is a valuable resource for academics interested in the Supreme Court's treatment of civil rights law, and for practitioners attempting to successfully litigate claims arising in this field.
The US Supreme Court has systematically eroded the rights of minority workers through subtle changes in procedural law. This accessible book identifies and describes how the Supreme Court's new procedural requirements create legal obstacles for civil-rights litigants, thereby undermining their substantive rights. Seiner takes the next step of providing a framework that practitioners can use to navigate these murky waters, allowing workers a better chance of prevailing with their claims. Seiner clearly illustrates how to effectively use his framework, applying the proposed model to one emerging sector - the on-demand industry. Many minority workers now face pervasive discrimination in an uncertain legal environment. This book will serve as a roadmap for successful workplace litigation and a valuable resource for civil-rights research. It will also spark a debate among scholars, lawyers, and others in the legal community over the use of procedure to alter substantive worker rights.
Labor unions and courts have rarely been allies. From their earliest efforts to organize, unions have been confronted with hostile judges and antiunion doctrines. In this book, Julius G. Getman argues that while the role of the Supreme Court has become more central in shaping labor law, its opinions betray a profound ignorance of labor relations along with a persisting bias against unions. In The Supreme Court on Unions, Getman critically examines the decisions of the nation’s highest court in those areas that are crucial to unions and the workers they represent: organizing, bargaining, strikes, and dispute resolution. As he discusses Supreme Court decisions dealing with unions and labor in a variety of different areas, Getman offers an interesting historical perspective to illuminate the ways in which the Court has been an influence in the failures of the labor movement. During more than sixty years that have seen the Supreme Court take a dominant role, both unions and the institution of collective bargaining have been substantially weakened. While it is difficult to measure the extent of the Court’s responsibility for the current weak state of organized labor and many other factors have, of course, contributed, it seems clear to Getman that the Supreme Court has played an important role in transforming the law and defeating policies that support the labor movement.
On March 8, 1971, the Supreme Court of the United States decided a case, Griggs v. Duke Power Co., brought by thirteen African American employees who worked as common laborers and janitors at one of Duke Power’s facilities. The decision, in plaintiffs’ favor, marked a profound and enduring challenge to the dominance of white males in the workplace. In this book, Robert Belton, who represented the plaintiffs for the NAACP Legal Defense Fund and argued the case in the lower courts, gives a firsthand account of legal history in the making—and a behind-the-scenes look at the highly complex process of putting civil rights law to work. Title VII of the Civil Rights Act of 1964 eliminated much blatant discrimination, but after its enactment and before Griggs, businesses held the view that a commitment to equality required only eliminating policies and practices that were intentionally discriminatory—the "disparate treatment" test. In Griggs v. Duke Power Co., the Supreme Court ruled that a "disparate impact" test could also apply—that the 1964 Civil Rights Act extended to practices with a discriminatory effect. In tracing the impact of the Griggs ruling on employment practices, this book documents the birth, maturation, death, and rebirth of the disparate impact theory, including its erosion by later Supreme Court decisions and its restoration by congressional action in the Civil Rights Act of 1991. Belton conducts us through this historic case from the original lawsuit to the Supreme Court decision in Griggs and beyond as he traces the post-Griggs developments in the lower courts, the Supreme Court, and Congress; he provides informed insights into both litigators' and judges' perspectives and decision-making. His work situates the case in its legal, social, and historical contexts and explores the relationship between public and private enforcement of the law, with a focus on the Legal Defense Fund’s litigation campaign against employment discrimination. A detailed examination of the development of legal principles under Title VII, this book tells the story of this seminal decision on equal employment law and offers an unprecedented close-up view of personal conviction, legal strategy, and historical forces combining to effect dramatic social change.
“With Supreme Inequality, Adam Cohen has built, brick by brick, an airtight case against the Supreme Court of the last half-century...Cohen’s book is a closing statement in the case against an institution tasked with protecting the vulnerable, which has emboldened the rich and powerful instead.” —Dahlia Lithwick, senior editor, Slate A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Employment Law: Private Ordering and Its Limitations, by Timothy Glynn, Charles Sullivan, Charlotte Alexander, and Rachel Arnow-Richman, is organized around the rights and duties that flow between parties in an employment relationship. Cases, detailed discussion of the facts, and accessible notes and problems examine the laws that are intended to balance the competing interests and contractual obligations of employers and employees. The note materials also encourage students to think critically and creatively about how best to protect the interests of workers or employers. Exercises in planning, drafting, advising, and negotiating develop practice-ready transactional lawyering skills. New to the Fifth Edition: Important Supreme Court and lower court cases in key areas including the whistleblower and antiretaliation protections, workplace privacy and speech, antidiscrimination laws, disability and other accommodations, noncompetition agreements and intellectual property workplace health and safety, and mandatory arbitration clauses Addition of cases and note materials on hot topics including developments in competition law, new workplace legal issues and disputes arising from the COVID-19 pandemic, the scope of employment protections in the contemporary economy, workplace speech protections in a time of deep social and political conflict, the workplace implications of emergent communications and monitoring technologies, structural and unconscious bias in the workplaces, and innovations in accommodating workers’ lives Updated practice-oriented problems and exercises Streamlined case and note editing Professors and students will benefit from: Comprehensive and deep coverage of key areas of workplace regulation Practical exercises in each chapter Note materials designed to provide both context and knowledge of emergent legal and social science scholarship Thematic consistency across chapters providing a unifying framework for the discussion of disparate topic areas
The Supreme Court's 2003 decision in Grutter v. Bollinger, approving race-conscious college admissions plans adopted by public higher education institutions to increase student body diversity, provided many lessons for pursuing diversity in other contexts, including employment. Grutter generated many predictions about whether the Court would similarly embrace in the employment context the diversity interest it had recognized in higher education. The Court's more recent decision in Fisher v. University of Texas at Austin offers additional guidance on the Court's developing diversity doctrine and its likely application beyond higher education. This Article identifies the current contours of the Supreme Court's diversity doctrine, as developed in cases from Grutter to Fisher, and predicts the Court's likely response to a future case adjudicating the diversity interest in employment.