Trial by Jury or Trial by Motion? Summary Judgment, Iqbal, and Employment Discrimination
The articles in this issue examine in-depth the application of Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal in employment discrimination cases, analyze the high failure rates of plaintiffs on pre- and post-trial motions, and offer specific insights into the issues that impact judicial decisionmaking in these cases. The issue is based on the Trial by Jury or Trial by Motion? Summary Judgment, Iqbal, and Employment Discrimination symposium held at New York Law School in April 2012. The symposium was developed and co-sponsored with The Employee Rights Advocacy Institute For Law & Policy, and was dedicated to the memory of Robert Belton, Professor Emeritus of Vanderbilt Law School, who passed away in February 2012. Professor Belton was a founding member of The Institute’s National Litigation Strategy Project, and this symposium was his brainchild.
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.
- Rescuing the Union Grievance from the Shoals of Garcetti: A Call for the Return to Reason in Public Workplace Speech Jurisprudence by Eric Marshall ’12.
- The Proper Remedy for Possession of Child Pornography: Shifting from Restitution to a Victim Compensation Program by Michelle Minarcik ’12.
III. Case Comment
- Northeast Natural Energy, LLC v. City of Morgantown by Emery L. Lyon ’13.