Introduction

Introduction

Articles

Secrets and Lies: The Need for a Definitive Rule of Law in Pretext Cases

I. Introduction II. From Mcdonnell Douglas To Hicks III. Hicks Revisited-Reeves V. Sanderson IV. Putting The Rule Back Into "Rule of Law"-The "Pretext-Always" Rule A. Closing The Loopholes In Reeves. B. Secrets and Lies: Eliminating the Secret Nondiscriminatory Reason. V. Conclusion

Slicing & Dicing of Individual Disparate Treatment Law

I. The Conventional Structure of Individual Disparate Treatment Cases II. The Fifth Circuit Decision In Reeves III. Reeves In The Supreme Court A. The Court Rejects Justice Scalia's Invitation In Hicks B. Drawing All Favorable Inferences from All the Evidence in Favor of the Non-Moving Party C. Is the Whole Larger Than the Parts? IV. Reeves Applied In The Lower Courts V. Why Reeves Is Yet To Be Followed

Whose Motive Matters?: Discrimination in Multi-Actor Employment Decision Making

I. Introduction II. Disparate Treatment Claims: The Intent Requirement A. The Question of Hostile Animus B. Intent as Causation C. Unconscious Intent II. Vertical Decision Making A. The Causation Inquiry B. Employer Liability for Discrimination: The Vicarious Liability Inquiry C. Breaking the Causal Chain: Organizational Correction of Biased Evaluations D. Remedial Implications III. Horizontal Decision Making IV. Conclusion

Why are Employment Discrimination Cases So Hard to Win?

I. Introduction II. The Real Statistical Story III. The Bias Courts Bring To Cases A. Race Discrimination Claims B. Age Discrimination Claims C. The Americans with Disabilities Act D. Gender Discrimination Cases E. A Neutral Explanation IV. Overcoming The Bias V. Conclusion

Comments

Oppress the Employee: Louisiana s Approach to Noncompetition Agreements

I. Introduction II. Why Noncompetition Agreements Are Generally Disfavored A. Connotation of Involuntary Servitude B. Theory of the Efficient Breach C. Reluctance to Issue Prohibitory Injunctions D. Lack of Mutuality E. Benefits to Employees III. A Brief History of Louisiana's Law On Noncompetition Agreements IV. Application of Louisiana Revised Statutes 23:921 After The 1989 Amendment A. Failure to Adequately Define the Employer's Business B. Lack of Geographical Limitation C. Duress and Lac...

Notes

Admissibility of Expert Testimony at Summary Judgment in Louisiana: Examining the Embers of Independent Fire Insurance Co. v. Sunbeam Corp.

I. Independent Fire-The Setting A. Facts And Procedural History of Independent Fire B. "Certworthiness" of Independent Fire 1. Overview of Summary Judgment and Expert Testimony Legislation 2. Split in the Courts II. The Independent Fire Decision A. Justice Victory's Victory B. Examining the Court's Rationale 1. Legislative Intent 2. Deference to Federal Jurisprudence 3. Judicial Economy 4. Fairness 5. Daubert-Foret Determination III. Conclusion

Community Property and the Copyright Act: Rodrigue s Recognition of a Community Interest in Economic Benefits

I. Introduction I. Rodrigue v. Rodrigue II. Supreme Court Preemption of Community Property Laws A. Hisquierdo v. Hisquierdo B. Mccarty v. Mccarty C. The Dissenting Opinions D. Congressional Reaction and Observation III. Calming The Fears of Intellectual Property Scholars A. Transfer of Copyright Ownership. B. Co-Ownership and Marketability IV. Application of Hisquierdo's Two-Part Test A. Whether the Right as Asserted Conflicts with the Express Terms of Federal Law B. Whether its Consequences ...