Author Archives: Scott Moss

Nantiya Ruan on Payments to Plaintiffs in Discrimination Class Action

Nantiya Ruan (U. Denver Law School) has posted on SSRN, Bringing Sense to Incentives: Harmonizing Courts’ Chaotic Caselaw on Class Action Incentive Payments.   It makes what I find to be a really persuasive point about how courts handle class … Continue reading

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Boy Toys vs. Girl Toys?

No, I don’t mean it in that sense.  I mean literally: why so many distinctions between toys for boys and toys for girls?   Let’s even make an assumption with which I don’t really agree: that boys and girls have … Continue reading

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New Paper on Confidential Settlements (mine)

I’ve recently posted on SSRN an article that’s sort of half employment discrimination, half civil procedure, and half economic analysis: Illuminating Secrecy: A New Economic Analysis of Confidential Settlements, 105 Mich. L. Rev. __ (2007).   The reason I think … Continue reading

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Let Me Know of Your Scholarship

I’ve meant to say this for a while: some of my posts are of the “hey, here’s an interesting new piece of gender-related scholarship” variety, so I would love to hear (and post) about new (or recent) works by by … Continue reading

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Susan Sturm, “Advancing Workplace Equity in Higher Education”

Susan Sturm’s writings are some of the most interesting analyses of discrimination around; a favorite of mine is her 2001 article, Second Generation Employment Discrimination.   Her newest piece just got posted on SSRN: The Architecture of Inclusion: Advancing Workplace … Continue reading

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Racist Female Dolls

I don’t mean the dolls themselves are racist (i.e., it’s not “Kenny Klansman”); I mean that the marketing of the doll is racist. This is an African-American female doll whose package reads, on the lower right corner, “I Love to … Continue reading

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Jolls & Sunstein, “The Law of Implicit Bias” — & Economic Analysis as Ally, Not Enemy, of Feminism

The latest work by one of the more prolific duos in progressive economic analysis of law, Christine Jolls of Yale (newly relocated from Harvard, in case you’re confused) and Cass Sunstein of U.Chicago, is The Law of Implicit Bias.   … Continue reading

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In the “Meathead Male Judge” Department…

KENTON, Ohio (AP) — A judge decided two high school athletes can complete the football season this fall before they serve 60-day jail sentences for a car crash caused by a decoy deer placed in a country road. Two teens … Continue reading

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Martin Katz on the Riddle of “Causation” in Employment Discrimination Law

Here’s a paper for anyone with an interest in employment discrimination or related fields involving tricky issues of proving discriminatory motive (e.g., consumer or housing discrimination). Martin Katz of U. Denver Law recently published The Fundamental Incoherence of Title VII: … Continue reading

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Aaron Sorkin’s Issues with Women

I was about to comment on the below post about Studio 60, Aaron Sorkin’s new TV show, but I realized that what I had to say was on the long side, so I figured it would be a decent use … Continue reading

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Catholics Want Female Priests

Some of the feedback I got about my prior post about the Catholic Church excommunicating women who tried to become priests was of this variety: why should the Church care what you (a  non-Catholic) think?   On one level that’s … Continue reading

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Clinton “Gay”, Gore “A Total Fag” — Ann Coulter

At some point, Ann Coulter will lose the ability to appall us; perhaps she’s already there, but given that mainstream (even liberal) journalists still give her the time of day as if she’s a serious analyst, I think her outrages … Continue reading

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New Paper – Sonia Katyal on Lawrence v. Texas

For some of my posts during this guest-blogging stint, I’ll provide a link to, and abstract of, interesting gender/feminism/discrimination-related papers I stumble across.   Here’s one I just got in some of my SSRN spam: Sonia Katyal, Sexuality and Sovereignty: … Continue reading

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Well, I Guess Excommunication Beats Burning at the Stake…

  This from the Milwaukee Journal Sentinel: Kathy Sullivan Vandenberg faces excommunication for seeking the priesthood in an unsanctioned ordination ceremony, Milwaukee Archbishop Timothy M. Dolan said[,] . . . notify[ing] the Vatican of Vandenberg’s action. Dolan said her excommunication … Continue reading

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The Feminist Side of Caitlin Flanagan

I have two things in common with many feminists: (1) I’ve been appalled at what Caitlin Flanagan  said about working moms in To Hell with All That; and (2) I haven’t actually read her book. I did see Flanagan on … Continue reading

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Joe Lieberman on Rape Victims’ Reproductive Rights – And a Related Curiosity about Abortion Jurisprudence

First of all, thanks to Ann & the gang for the invitation to guest blog.   I deal with gender issues frequently in my employment discrimination and constitutional law classes and writings, so I’m very much looking forward to this … Continue reading

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