Employment Discrimination Law Section Summer Workshop 1

Date: Tuesday, August 1st from 12:30 – 2:00 pm EST

 

Discussion Description:

Please join us for the first session of the ED Section’s Summer workshops, which help Section members workshop research projects at stages from incubator sessions to discussions of drafts. This first session will discuss drafts written by Andrea Johnson (on Ending The Use of Employment Contracts To Waive The Statute of Limitations For Title VII Discrimination Claims) and Sandra Sperino (on McDonnell Douglas and Summary Judgment) with initial comments from Mike Selmi and Doron Dorfman, followed by discussion with attendees.

*This Session was not Recorded

Presenters____________________________________________________________________________________________________________________

Andrea Johnson, Visiting Assistant Professor of Law, Equity and Inclusion Fellow, Rutgers Law School

Andrea Johnson is a visiting assistant professor and a diversity and inclusion fellow at Rutgers Law School in Camden. She holds a juris doctorate from West Virginia University and a bachelor’s degree in business management from Marshall University. Johnson’s scholarship and teaching interests center on discrimination, bias, and identity, and how their intersections create legal barriers to compliance with civil rights and employment discrimination law. Her research focuses on ways in which individuals’ legal rights are impacted by society’s understanding of changing demographics, particularly culture’s conceptualization of race, ethnicity, “invisible” disability, gender, and sexual orientation. She joins Rutgers Law from West Virginia University College of Law, where she served as the inaugural fellow of the Fitzsimmons Center for Litigation and Advocacy. She also brings practice experience in workplace discrimination and civil rights litigation, as well as experience teaching legal analysis and writing.

 

Sandra Sperino, Associate Dean for Research and Faculty Development, Elwood L. Thomas Missouri Endowed Professor, University of Missouri School of Law

Sandra F. Sperino is the Associate Dean for Research and Faculty Development and the Elwood L. Thomas Missouri Endowed Professor at the University of Missouri School of Law. Her scholarship focuses on how courts and other actors resolve employment law disputes.

Professor Sperino is the author of two treatises in employment discrimination law: McDonnell Douglas: The Most Important Case in Discrimination Law (Bloomberg 2018) (a treatise focusing on the case and its progeny) and The Law of Federal Employment Discrimination (West 2019). Her book, Unequal: How America’s Courts Undermine Discrimination Law (w/ Thomas) (Oxford 2017), was recognized with the 2021 Civil Justice Scholarship Award from the Pound Civil Justice Institute. Her recent articles are published in the Michigan Law Review, the University of Illinois Law Review, the Alabama Law Review and the Notre Dame Law Review, among others. Her article, The Tort Label, was selected for the Harvard/Stanford/Yale Faculty Forum.

Prior to joining the Mizzou law faculty, Professor Sperino was the Judge Joseph P. Kinneary Professor at the University of Cincinnati College of Law. In 2013, 2017, and 2022, she received the Goldman Prize for Excellence in Teaching. In 2015, Cincinnati Law recognized her work with the Harold C. Schott Scholarship Award; in 2018 she received the Faculty Excellence Award; and the university recognized her with a Faculty-to-Faculty Research Mentoring Award in 2019.

Professor Sperino’s scholarship has been cited by numerous courts, including the Third Circuit, the Fifth Circuit, the Eleventh Circuit, federal district courts, and the Supreme Courts of Iowa, Oregon, and Hawaii. Her work has been featured in the New York Times, on NPR, and in other media outlets. She is an elected member of the American Law Institute.

In 2013 and again in 2019, she served as lead counsel on amicus briefs filed in the United States Supreme Court in cases considering the correct causal standard for federal discrimination/retaliation law. Prior to entering academia, Professor Sperino was a law clerk in the United States District Court for the Eastern District of Missouri and practiced law in St. Louis at Lewis, Rice. While at Lewis, Rice she co-authored the successful petition for writ of certiorari and the brief filed in the U.S. Supreme Court in United States v. Sell. She graduated from the University of Illinois College of Law, where she served as Editor-in-Chief of the University of Illinois Law Review.

Commentators________________________________________________________________________________________________________________

Doron Dorfman, Associate Professor, Seton Hall Law School

Professor Dorman’s research and teaching focuses on disability law, health law, torts, employment law, family law, insurance law, and law and psychology. His work has won multiple writing awards, was cited by federal courts and the Israeli Supreme Court, and was featured in the New York Times, Washington Post, Los Angeles Times, and USA Today. In 2021, he was invited to testify before Congress on the relationship between vaccine requirements and anti-discrimination law.

Professor Dorfman’s research was published or is forthcoming in leading law reviews such as the Cornell Law Review, University of Pennsylvania Law Review, Boston College Law Review, and the Stanford Law Review Online. He also published in top peer review journals including the New England Journal of Medicine, Law & Society Review, Law & Social Inquiry, Journal of Health Politics, Policy & Law, JAMA Health Forum, and the Journal Law & the Biosciences. Professor Dorfman is a frequent contributor to the Bill of Health Blog at Harvard Law’s Petrie-Flom Center, an editor for the Equality Section of Jotwell, the chair of the AALS Section on Disability Law, the co-organizer of the Disability Legal Studies CRN in the Law & Society Association, and an affiliated researcher with the aChord Center: Social Psychology for Social Change at the Hebrew University of Jerusalem.

Prior to Seton Hall Law School, Professor Dorfman taught at Syracuse University College of Law. He earned a B.A. in communication (2009), an LL.B. (J.D. equivalent, 2009) and an LL.M. (2010), all from the University of Haifa. He later earned a J.S.M. (2014) and J.S.D. (2019) from Stanford Law School. Before arriving at Stanford, he was a litigator in private practice in Israel and was actively involved in NGOs such as Kav La’Oved-Worker’s Hotline, where he gave legal advice to disadvantaged workers and asylum seekers.

Michael Selmi, Professor of Law, Arizona State University Sandra Day O’Connor College of Law

Michael Selmi joined the faculty as a Foundation Professor of Law in 2020. He was previously the Samuel Tyler Research Professor at George Washington University Law School where he taught for more than twenty years, and has also taught at The University of North Carolina, Boston University and Harvard Law School. He teaches and writes in the areas of employment discrimination, employment law and civil rights. He is the coauthor of three casebooks and has published more than 50 articles, including in the Cornell Law Review, Georgetown Law Journal, Stanford Law Review, UCLA Law Review, Wisconsin Law Review among others.  He scholarship has been widely cited, and he is also a frequent commentator for media outlets such as the New York Times, Washington Post, Wall Street Journal, Law360, NPR and Bloomberg Radio.  He has also worked on a number of Supreme Court cases.

Prior to entering academia, Professor Selmi served as a law clerk to Judge James R. Browning who was then the Chief Judge of the Ninth Circuit Court of Appeals and litigated employment discrimination cases at the Lawyers’ Committee for Civil Rights in Washington D.C. and in the Civil Rights Division of the United States Department of Justice.  He is a graduate of Harvard Law School and Stanford University.

Moderator____________________________________________________________________________________________________________________

David Simson, Associate Professor of Law, New York Law School

David Simson joined New York Law School as an Associate Professor of Law in 2022. He teaches courses on constitutional law, race and the law, and civil rights law.

Professor Simson’s scholarship analyzes the role of law in the production, maintenance, and dismantling of social hierarchies, with a focus on race and racial hierarchy. His work relies on both social science research as well as critical race approaches to law. His scholarship has been published or is forthcoming in the UCLA Law Review, Houston Law Review, Denver Law Review, William & Mary Bill of Rights Journal, Michigan Law Review, and the edited book volume, Critical Race Judgments. His article, “Whiteness as Innocence,” was selected as the Denver Law Review’s 2018 Emerging Scholar Award winner.

Professor Simson joins NYLS after three years as an Acting Associate Professor at New York University School of Law. At NYU, he taught Lawyering, a full-year simulation-based course introducing first-year students to legal analysis, research, writing, client counseling, negotiation, and oral advocacy. Before joining NYU, he was the Greenberg Law Review Fellow at UCLA School of Law where he taught employment discrimination law and a self-designed seminar titled “Race, Social Psychology, and the Legal Process.” After law school and before entering academia, he was a litigation associate in the Los Angeles and London offices of Gibson Dunn & Crutcher LLP.

Professor Simson graduated from UCLA School of Law with a specialization in Critical Race Studies and received a B.S.B.A. in International Business from the University of Denver, where he was also a four-year letter winner and captain of the university’s Men’s Tennis Team.