Rights on Trial

Author: Ellen Berrey
Publisher: University of Chicago Press
ISBN: 9780226466859
Release Date: 2017-06-22
Genre: Law

Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem. On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.

Rights on Trial

Author: Ellen Berrey
Publisher: University of Chicago Press
ISBN: 9780226466996
Release Date: 2017-06-22
Genre: Law

Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem. On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.

Rights on Trial

Author: Ellen Berrey
Publisher:
ISBN: 022646671X
Release Date: 2017-06-26
Genre: Law

Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading KKK in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we ve made progress, but not nearly as much as it might seem. On the surface, America s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling held up by what they see as frivolous cases. And even when the case is resolved in the plaintiff s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination."

The Enigma of Diversity

Author: Ellen Berrey
Publisher: University of Chicago Press
ISBN: 9780226246376
Release Date: 2015-05-15
Genre: Social Science

Diversity these days is a hallowed American value, widely shared and honored. That’s a remarkable change from the Civil Rights era—but does this public commitment to diversity constitute a civil rights victory? What does diversity mean in contemporary America, and what are the effects of efforts to support it? Ellen Berrey digs deep into those questions in The Enigma of Diversity. Drawing on six years of fieldwork and historical sources dating back to the 1950s and making extensive use of three case studies from widely varying arenas—housing redevelopment in Chicago’s Rogers Park neighborhood, affirmative action in the University of Michigan’s admissions program, and the workings of the human resources department at a Fortune 500 company—Berrey explores the complicated, contradictory, and even troubling meanings and uses of diversity as it is invoked by different groups for different, often symbolic ends. In each case, diversity affirms inclusiveness, especially in the most coveted jobs and colleges, yet it resists fundamental change in the practices and cultures that are the foundation of social inequality. Berrey shows how this has led racial progress itself to be reimagined, transformed from a legal fight for fundamental rights to a celebration of the competitive advantages afforded by cultural differences. Powerfully argued and surprising in its conclusions, The Enigma of Diversity reveals the true cost of the public embrace of diversity: the taming of demands for racial justice.

Distorting the Law

Author: William Haltom
Publisher: University of Chicago Press
ISBN: 0226314693
Release Date: 2009-11-15
Genre: Political Science

In recent years, stories of reckless lawyers and greedy citizens have given the legal system, and victims in general, a bad name. Many Americans have come to believe that we live in the land of the litigious, where frivolous lawsuits and absurdly high settlements reign. Scholars have argued for years that this common view of the depraved ruin of our civil legal system is a myth, but their research and statistics rarely make the news. William Haltom and Michael McCann here persuasively show how popularized distorted understandings of tort litigation (or tort tales) have been perpetuated by the mass media and reform proponents. Distorting the Law lays bare how media coverage has sensationalized lawsuits and sympathetically portrayed corporate interests, supporting big business and reinforcing negative stereotypes of law practices. Based on extensive interviews, nearly two decades of newspaper coverage, and in-depth studies of the McDonald's coffee case and tobacco litigation, Distorting the Law offers a compelling analysis of the presumed litigation crisis, the campaign for tort law reform, and the crucial role the media play in this process.

Unequal

Author: Sandra F. Sperino
Publisher: Oxford University Press
ISBN: 9780190278403
Release Date: 2017-05-01
Genre: Law

It is no secret that since the 1980s, American workers have lost power vis-à-vis employers. Along with the well-chronicled steep decline in private sector unionization, American workers alleging employment discrimination have fared increasingly poorly in the courts. In recent years, judges have dismissed scores of cases in which workers presented evidence that supervisors referred to them using racial or gender slurs. In one federal district court, judges dismissed more than 80 percent of the race discrimination cases filed over a year. And when juries return verdicts in favor of employees, judges often second guess those verdicts, finding ways to nullify the jury's verdict and rule in favor of the employer. Most Americans assume that that an employee alleging workplace discrimination faces the same legal system as other litigants. After all, we do not usually think that legal rules vary depending upon the type of claim brought. As the employment law scholars Sandra A. Sperino and Suja A. Thomas show in Unequal, though, our assumptions are wrong. Over the course of the last half century, employment discrimination claims have come to operate in a fundamentally different legal system than other claims. It is in many respects a parallel universe, one in which the legal system systematically favors employers over employees. A host of procedural, evidentiary, and substantive mechanisms serve as barriers for employees, making it extremely difficult for them to access the courts. Moreover, these mechanisms make it fairly easy for judges to dismiss a case prior to trial. Americans are unaware of how the system operates partly because they think that race and gender discrimination are in the process of fading away. But such discrimination remains fairly common in the workplace, and workers now have little recourse to fight it legally. By tracing the modern history of employment discrimination, Sperino and Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biased against workers making rights claims.

License to Harass

Author: Laura Beth Nielsen
Publisher: Princeton University Press
ISBN: 1400826292
Release Date: 2009-01-10
Genre: Law

Offensive street speech--racist and sexist remarks that can make its targets feel both psychologically and physically threatened--is surprisingly common in our society. Many argue that this speech is so detestable that it should be banned under law. But is this an area covered by the First Amendment right to free speech? Or should it be banned? In this elegantly written book, Laura Beth Nielsen pursues the answers by probing the legal consciousness of ordinary citizens. Using a combination of field observations and in-depth, semistructured interviews, she surveys one hundred men and women, some of whom are routine targets of offensive speech, about how such speech affects their lives. Drawing on these interviews as well as an interdisciplinary body of scholarship, Nielsen argues that racist and sexist speech creates, reproduces, and reinforces existing systems of hierarchy in public places. The law works to normalize and justify offensive public interactions, she concludes, offering, in essence, a "license to harass." Nielsen relates the results of her interviews to statistical surveys that measure the impact of offensive speech on the public. Rather than arguing whether law is the appropriate remedy for offensive speech, she allows that the benefits to democracy, to community, and to society of allowing such speech may very well outweigh the burdens imposed. Nonetheless, these burdens, and the stories of the people who bear them, should not remain invisible and outside the debate.

Rethinking International Commercial Arbitration

Author: Gilles Cuniberti
Publisher: Edward Elgar Publishing
ISBN: 9781786432407
Release Date: 2017-05-26
Genre: LAW

Arbitration is the normal and preferred mode for resolving international commercial disputes. It presents an essential advantage over national courts by offering neutrality of adjudication, but is currently only available where both parties have consented to it. This innovative book proposes a fundamental rethink of this assumption and argues that arbitration should become the default mode of resolution in international commercial disputes.

Discrimination Laundering

Author: Tristin K. Green
Publisher: Cambridge University Press
ISBN: 9781107142008
Release Date: 2016-11-14
Genre: Law

This book uncovers legal shifts founded on misunderstandings about discrimination and describes how law and organizations can do better.

Working Law

Author: Lauren B. Edelman
Publisher: University of Chicago Press
ISBN: 9780226400938
Release Date: 2016-11-28
Genre: Social Science

Since the passage of the Civil Rights Act, virtually all companies have antidiscrimination policies in place. Although these policies represent some progress, women and minorities remain underrepresented within the workplace as a whole and even more so when you look at high-level positions. They also tend to be less well paid. How is it that discrimination remains so prevalent in the American workplace despite the widespread adoption of policies designed to prevent it? One reason for the limited success of antidiscrimination policies, argues Lauren B. Edelman, is that the law regulating companies is broad and ambiguous, and managers therefore play a critical role in shaping what it means in daily practice. Often, what results are policies and procedures that are largely symbolic and fail to dispel long-standing patterns of discrimination. Even more troubling, these meanings of the law that evolve within companies tend to eventually make their way back into the legal domain, inconspicuously influencing lawyers for both plaintiffs and defendants and even judges. When courts look to the presence of antidiscrimination policies and personnel manuals to infer fair practices and to the presence of diversity training programs without examining whether these policies are effective in combating discrimination and achieving racial and gender diversity, they wind up condoning practices that deviate considerably from the legal ideals.

Framing Equal Opportunity

Author: Michael Paris
Publisher: Stanford University Press
ISBN: 9780804763530
Release Date: 2010
Genre: Education

This book reveals the important role lawyers, law, and courts play in struggles over educational resources, especially when it comes to the translation of policy goals into legal claims.

The Rise of the Conservative Legal Movement

Author: Steven Michael Teles
Publisher:
ISBN: 0691122083
Release Date: 2008-01-01
Genre: Law

Starting in the 1970s, conservatives learned that electoral victory did not easily convert into a reversal of important liberal accomplishments, especially in the law. As a result, conservatives' mobilizing efforts increasingly turned to law schools, professional networks, public interest groups, and the judiciary--areas traditionally controlled by liberals. Drawing from internal documents, as well as interviews with key conservative figures, The Rise of the Conservative Legal Movement examines this sometimes fitful, and still only partially successful, conservative challenge to liberal domination of the law and American legal institutions. Unlike accounts that depict the conservatives as fiendishly skilled, The Rise of the Conservative Legal Movement reveals the formidable challenges that conservatives faced in competing with legal liberalism. Steven Teles explores how conservative mobilization was shaped by the legal profession, the legacy of the liberal movement, and the difficulties in matching strategic opportunities with effective organizational responses. He explains how foundations and groups promoting conservative ideas built a network designed to dislodge legal liberalism from American elite institutions. And he portrays the reality, not of a grand strategy masterfully pursued, but of individuals and political entrepreneurs learning from trial and error. Using previously unavailable materials from the Olin Foundation, Federalist Society, Center for Individual Rights, Institute for Justice, and Law and Economics Center, The Rise of the Conservative Legal Movement provides an unprecedented look at the inner life of the conservative movement. Lawyers, historians, sociologists, political scientists, and activists seeking to learn from the conservative experience in the law will find it compelling reading.

No Day in Court

Author: Sarah L. Staszak
Publisher: Oxford University Press
ISBN: 9780199399031
Release Date: 2015
Genre: Law

Revision of author's disseration (doctoral - Brandeis University, 2010), issued under title: The politics of judicial retrenchment.

The Limits of Whiteness

Author: Neda Maghbouleh
Publisher: Stanford University Press
ISBN: 9781503603431
Release Date: 2017-09-05
Genre: Social Science

When Roya, an Iranian American high school student, is asked to identify her race, she feels anxiety and doubt. According to the federal government, she and others from the Middle East are white. Indeed, a historical myth circulates even in immigrant families like Roya's, proclaiming Iranians to be the "original" white race. But based on the treatment Roya and her family receive in American schools, airports, workplaces, and neighborhoods—interactions characterized by intolerance or hate—Roya is increasingly certain that she is not white. In The Limits of Whiteness, Neda Maghbouleh offers a groundbreaking, timely look at how Iranians and other Middle Eastern Americans move across the color line. By shadowing Roya and more than 80 other young people, Maghbouleh documents Iranian Americans' shifting racial status. Drawing on never-before-analyzed historical and legal evidence, she captures the unique experience of an immigrant group trapped between legal racial invisibility and everyday racial hyper-visibility. Her findings are essential for understanding the unprecedented challenge Middle Easterners now face under "extreme vetting" and potential reclassification out of the "white" box. Maghbouleh tells for the first time the compelling, often heartbreaking story of how a white American immigrant group can become brown and what such a transformation says about race in America.

Sexual Harassment of Working Women

Author: Catharine A. MacKinnon
Publisher: Yale University Press
ISBN: 0300022999
Release Date: 1979
Genre: Law

Sexual harassment of working women has been widely practiced and systematically ignored. Men’s control over women’s jobs has often made coerced sexual relations the price of women’s material survival. Considered trivial or personal, or natural and inevitable, sexual harassment has become a social institution. MacKinnon offers here a attempt to understand sexual harassment as a pervasive social problem and to present a legal argument that it is discrimination based on sex. Beginning with an analysis of victims' experiences, she then examines sex discrimination doctrine as a whole, both for its potential in prohibiting sexual harassment and for its limitations.