Legal Commentary

As mentioned a few weeks ago, Prawfs is hoping to serve as a repository for some of the intellectual life that happens at conferences like SEALS. Thanks to SLU's Marcia McCormick, we now have a document that integrates the reactions and comments of the various speakers on her panel (see below). The theme of this panel is the title of this post. And you can read the notes of the various speakers here. (If you were on a panel at SEALS and want to coordinate collating some or all of your co-panelists' notes, please do so and send me an email and there'll be a post just like this one.)

The Supreme Court's decision in Ricci v. DeStefano at the end of its 2008 term was the first in decades to deal with the question of what practices constitute discrimination under Title VII. This panel will explore the effect of the Court's decision, specifically the current state of the law on employment discrimination, the theory of discrimination that seems to have been adopted by a majority of the Court, and the future of employment discrimination and affirmative action.

Moderator: Professor Jeffrey Hirsch, The University of Tennessee College of Law