Voir Dire

Winter 2012

Right-Sizing Bar Association Governance
Daniel R. Suhr
This Essay evaluates bar association governance nationally in light of best practices for corporate and nonprofit governance. Governance experts agree that boards should be small. These scholarly recommendations are confirmed by the experiences of many large nonprofit organizations and for-profit corporations. They are shared by several publications from different sections and committees of the ABA and American Law Institute. Yet these recommendations remain unimplemented in the vast majority of bar associations. This Essay contends that California should pursue a smaller governing board, and other bar associations, particularly those with significant staff and budgets, should undertake similar self-studies.
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Fall 2011


Excluding Unemployed Workers from Job Opportunities: Why Disparate Impact Protections Still Matter
Helen Norton
Despite our tough economic climate, many employers exclude currently unemployed workers from consideration for a wide variety of jobs. Not only does this practice seem cruel and unwise, but, as this Essay explains, under certain circumstances the practice may violate federal antidiscrimination law.
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The Supreme Court’s Open-Ended Protection Against Third-Party Retaliation
Jessica K. Fink
In Thompson v. North American Stainless, LP, the Supreme Court contradicted the federal appellate courts and unanimously held that Title VII prohibits employers from engaging in third-party retaliation. This Essay contends that because the Court failed to establish any meaningful boundaries for the scope of third-party retaliation doctrine, the doctrine’s benefits may not outweigh its potential costs.
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Now accepting submissions for Voir Dire!

To encourage greater dialogue on topics of interest, the Hastings Law Journal is now accepting submissions for Voir Dire. This online extension of the Journal will feature responses to our print articles. Submissions should be 3,000 words or fewer, lightly footnoted in comparison to traditional Articles, and citations should conform to the 19th Edition of the Bluebook.

Please send Voir Dire submissions in Microsoft Word format to hljvoirdire@hastingslawjournal.org. Responses will be posted on a rolling basis and will be permanently published on this site in PDF format.