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Dukes v. Wal-Mart Stores, Inc. (2010)

Posted by on Thursday, September 16, 2010 in Roundtables.

The Dukes v. Wal-Mart Stores, Inc. Roundtable, published in October 2010, features participation from several scholars. Professor Elizabeth Burch’s introductory piece lays the foundation for the debate. Professors Robert Bone, Alexandra Lahav, Greg Mitchell, and Richard Nagareda provided their “first takes” on the case. We hope you find this Roundtable informative and engaging.

Roundtable: Introduction

Introduction: Dukes v. Wal-Mart Stores, Inc.
PDF · Elizabeth Chamblee Burch · 63 Vand. L. Rev. En Banc 91 (2010).

Dukes v. Wal-Mart Stores, Inc., as a case, is almost as expansive as its defendant. For nearly the past ten years, the world has watched as Betty Dukes and six other women representing female Wal-Mart workers have sued the new Goliath for discriminating against women in its pay and promotion policies. Although employment class actions tend not to make the popular headlines, this is far from an ordinary case: it has been publicized by The Nation’s Liza Featherstone and political activists like Wal-Mart Watch. As initially certified by the district court, the class members included approximately 1.5 million women, which effectively turned the class into a Goliath of its own. Yet, it’s the class-certification process working this transformative magic that’s at the heart of the current controversy in Dukes.

Roundtable: First Takes

Sorting Through the Certification Muddle
PDF · Robert G. Bone · 63 Vand. L. Rev. En Banc 105 (2010).

The Curse of Bigness and the Optimal Size of Class Actions
PDF · Alexandra G. Lahav · 63 Vand. L. Rev. En Banc 117 (2010).

Good Causes and Bad Science
PDF · Gregory Mitchell · 63 Vand. L. Rev. En Banc 133 (2010).

Common Answers for Class Certification
PDF · Richard A. Nagareda · 63 Vand. L. Rev. En Banc 149 (2010).