Prepared for a symposium about the overuse of summary judgment in employment discrimination cases, this Article provides a grassroots empirical analysis of what is happening in equal pay cases on the front lines of the district courts. Analyzing a database of 500 federal district court decisions...

Our nation faces a serious eviction epidemic. More than 2.3 million eviction actions are filed every year. That's about four per minute. The eviction crisis is a multi-faceted problem that will require a systemic, interdisciplinary approach. This urgent problem is not new. Many decades ago,...

This research examines “what works” in small claims court alternative dispute resolution (“ADR”) processes. Using a comprehensive quasi-experimental design that combines real-time behavioral observation of authentic small claims court ADR sessions with pre- and post-intervention...

“Alternative dispute resolution” or “ADR” has reached a paradoxical moment: it is both ubiquitous in practice and at risk of extinction as a distinct concept and field. As the ADR field nears middle age—nearly fifty years after the Pound Conference of 1976—“ADR” has become so...

This Article examines the practice of "regulation by amicus": that is, an agency's attempt to mold statutory interpretation and establish policy by filing "friend of the court" briefs in private litigation. Since the United States Supreme Court recognized agency amicus interpretations as a...

This Article provides the first empirical and rhetorical analysis of all reported Equal Pay Act (EPA) federal appellate cases since the Act’s passage. This analysis shows that as women climb the occupational ladder, the manner in which many federal courts interpret the EPA imposes a wage glass...

Over the past several decades, our conception of “family” has dramatically changed, and so have judicial approaches to resolving disputes about the creation and dissolution of families. The traditional adversarial legal system — in which separating couples bitterly litigate in...

On the fiftieth anniversary of Title VII of the Civil Rights Act, many employers continue to search for ways to implement the law’s antidiscrimination and equal opportunity mandates into the workplace. The current litigation-based approach to employment discrimination under Title VII and...

The number of school resource officers (SROs) in schools has skyrocketed in recent years. SRO programs have been controversial for a variety of reasons and no formal certification or training standards exist. One of the most challenging issues that SRO programs encounter is the inherent...