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Twenty Years After the 1991 Civil Rights Act: What Does the Future Hold?

Civil Rights Symposium

The Wake Forest Law Review will host “Twenty Years After the 1991 Civil Rights Act: What Does the Future Hold?” on Friday, Nov. 5, in the Worrell Professional Center.

The event is free and open to the public.

Twenty years after passage of the Civil Rights Act of 1991, we are once again at a crossroads of the future of civil rights.  The number of employment discrimination cases is declining, and the U.S. Supreme Court, in Ricci v. DeStefano, has called into question the continued viability of disparate impact claims.

The symposium will focus on the 1991 Act’s ability – or perhaps its inability – to vindicate worker’s rights in employment discrimination cases and examine new approaches, both legal and non-legal, to redress employment discrimination.  The symposium will address both the practical – where do plaintiffs do best – and the theoretical – do we need a Civil Rights Act of 2011?

Following is the schedule:

9:00 – 10:00 Changing Procedure, Changing Outcomes?

  • Moderator, Professor Luellen Curry, Wake Forest University School of Law
  • Professor Pat K. Chew, University of Pittsburgh School of Law, Down the Up Staircase? The Empirical Analysis of Employment Discrimination Arbitrations
  • Professor Wendy Parker, Wake Forest University School of Law, Women, People of Color, and Juries

10:15 – 11:45 The Future of Affirmative Action

  • Moderator, Professor J. Wilson Parker, Wake Forest University School of Law
  • Professor Roberto Corrada, University of Denver Sturm College of Law, The Unbearable Lightness of Title VII Voluntary Affirmative Action
  • Professor Melissa Hart, University of Colorado School of Law, Post-Racial or Post-Ricci?  The Future of Disparate Impact and Affirmative Action
  • Professor Justin Driver, University of Texas School of Law, Race as Color: Thoughts on Ricci v. DeStefano and Beyond

Noon – 2:00  Lunch/Break

2:00 – 3:30  The Role of Courts in Change

  • Moderator, Professor Katy Harriger, Wake Forest University, Political Science Department
  • Professor Kimberly C. West-Faulcon Loyola Law School (Los Angeles), Fairness Feuds:  Potential Conflicts in Defining Discriminatory Test Use under the Civil Rights Act of 1991
  • Professor Katharine T. Bartlett, Duke University School of Law, Acoustic Separation in Employment Discrimination Law: Saying What We Don’t Mean, and Doing What We Don’t Say
  • Professor Michael Selmi, George Washington University Law School, Twenty Years of the Civil Rights Act of 1991:  Do We Need a Civil Rights Act of 2011?

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