Employment Law Articles and Publications
The following is a partial list of my stand-alone publications. Other papers were written for my speaking engagements.
Employment Law and Litigation: I have co-authored fifteen editions of EQUAL EMPLOYMENT LAW UPDATE (Bureau of National Affairs, Washington DC, 1996-2007), a two-thousand page volume – with a fifty-page Detailed Table of Contents – published by the American Bar Association’s Section of Labor and Employment Law. The last edition was the Summer 2007 edition. I have not had the time to continue the project.
My original co-author was the highly respected attorney for employers, Barbara Berish Brown of Paul Hastings, Janofsky, & Walker in Washington DC. My current co-author was the equally highly respected attorney for employers, John F. Aslin of Perkins Coie in Seattle, Washington.
Current Class Action Problems: I co-authored ELIZABETH J. CABRASER AND RICHARD T. SEYMOUR, ANALYSIS, IMPLICATIONS, AND TEXT OF THE CLASS ACTION FAIRNESS ACT 2005, SPECIAL ALERT TO CALIFORNIA CLASS ACTIONS PRACTICE AND PROCEDURE, CALIFORNIA FORMS OF PLEADING AND PRACTICE (LexisNexis, 2005).
Settling Class Actions: I wrote a chapter on mediation of class actions in HOW ADR WORKS (Bureau of National Affairs, Norman Brand, ed., 2002).
Money Damages: With management attorney Charles Warner of Porter, Wright, Morris & Arthur, in Columbus, Ohio, I drafted the chapter on monetary relief in LINDEMANN, BARBARA, AND GROSSMAN, PAUL, EMPLOYMENT DISCRIMINATION LAW, 3D ED. (Bureau of National Affairs, Washington DC, 1996, Paul W. Cane, Jr., Editor-in-Chief, Barry Goldstein and Patrick O. Patterson, Associate Editors and E. Jeffrey Grube, Assistant Editor), published by the ABA Section of Labor and Employment Law through the Bureau of National Affairs. The treatise is now in its 5th edition.
Damages: I wrote “Pursuing Punitive Damages in Job Bias Cases,” TRIAL, July 2002, p. 64;
Obtaining Information from Employers: I wrote “The Shrinking Door to Discovery,” TRIAL, May 2001, p. 48;
Getting Clients’ Cases to the Jury: I wrote “16 Summary Judgment Commandments,” TRIAL, Dec. 2000, p. 28.
How to Get Relief for Individual Members of a Class: I wrote “The Use of ‘Proof of Claim’ Forms and Gag Orders in Employment Discrimination Class Actions,” 10 CONN. L. REV. 920 (1978);
Technical Class Action Problems: I wrote “Post-Certification Problems in Class Actions,” published in the PRACTICING LAW INSTITUTE HANDBOOK, FEDERAL CIVIL RIGHTS LITIGATION (1982);
Explaining to Industrial Psychologists the Problems in the Tests They Prepare: I wrote “Why Plaintiffs’ Counsel Challenge Tests, and How They Can Successfully Challenge the Theory of Validity Generalization,” 33 JOURNAL OF VOCATIONAL BEHAVIOR 331 (1988);
Rescuing Civil Rights Claims After the Supreme Court’s 1989 Civil Rights Decisions:
- I wrote “Predictability in EEO Litigation,” in PROMOTING MINORITIES AND WOMEN: A PRACTICAL GUIDE TO AFFIRMATIVE ACTION FOR THE 1990S, A BNA SPECIAL REPORT (Bureau of National Affairs, 1989);
- I wrote “The Loss of Predictability in EEO Litigation, and Further Questions to Be Resolved,” in EMPLOYMENT DISCRIMINATION AFTER THE 1989 U.S. SUPREME COURT RULINGS (Prentice Hall, 1989),
Other papers at conferences are available on this website.