Presenting a “Strong Basis in Evidence”: How Lawyers Should Use Statistics to Shape the Impact of Ricci v. DeStefano on Title VII Litigation
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Thu, 4/02/10 – 8:21 | No Comment

by JASON M. SZANYI and KATARINA GUTTMANNOVA
This past term, in Ricci v. DeStefano,[1] the Supreme Court reshaped employment discrimination litigation. In a decision that garnered significant notoriety both for its potential impact on the future …

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Constitutional Values Beyond the Courts
Constitutional Values Beyond the Courts

by John Edwards
There is an urgent need to formulate new ideas for the future and bring them to our courts, legislatures and communities. The American Constitution Society and the Harvard Law & Policy …

Democratic Constitutionalism: A Reply to Professor Barron
Democratic Constitutionalism: A Reply to Professor Barron

by Robert Post and Reva Siegel
We applaud David Barron’s fine contribution to the Harvard Law & Policy Review Online.1 We have also made a special point of emphasizing that judicially enforceable rights are of great …

A Rejoinder From Professor Barron
A Rejoinder From Professor Barron

by David J. Barron*
Professors Post and Siegel’s very thoughtful response rightly points out that logic does not require progressive constitutional scholars to be either “Pro-Substantive” or “Anti-Court.” As they nicely put it: …

Risk and the Welfare State
Risk and the Welfare State

by Monica Prasad and Kathryn Ray*
Economic insecurity exists and is growing, but we should not exaggerate it, we should not ignore its uneven incidence, and we should not understate the difficulties involved in …

Setting the Stage for a New Economic Security Opportunity Agenda
Setting the Stage for a New Economic Security Opportunity Agenda

by Maurice Emsellem*
Despite record corporate profits, today’s workers from nearly all walks of life are exposed to far more economic risk than those of any period in decades. In fact, for the first …