Skip to main content
Article
Some thoughts about social perception and employment discrimination law: a modest proposal for reopening the judicial dialogue
Emory Law Journal (1997)
  • Stephen Subrin, Northeastern University
Abstract
Part I examines how and why people engage in stereotyping and prejudiced thinking. It also summarizes the available data on the continued existence of racial discrimination in employment. Part II explains why the due process clause, the right to trial by jury, and elemental notions of fairness obligate judges and juries to listen to known facts about racism and discrimination and how this can be accomplished through jury instructions, judicial notice and expert testimony. Part III demonstrates that neither the language of the most controversial Supreme Court opinions nor the theories of the icons of contemporary conservative thought foreclose our modest proposal.
Disciplines
Publication Date
Fall 1997
Publisher Statement
Judith Olans Brown, Stephen N. Subrin & Phillis Tropper Bauman, Some Thoughts About Social Perception and Employment Discrimination Law: a Modest Proposal for Reopening the Judicial Dialogue, 46 EMORY L.J. 1487 (1997)
Citation Information
Stephen Subrin. "Some thoughts about social perception and employment discrimination law: a modest proposal for reopening the judicial dialogue" Emory Law Journal Vol. 46 Iss. 4 (1997)
Available at: http://works.bepress.com/stephen_subrin/8/