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Publication Types
Categories
Nancy Gertner, Neuroscience and Sentencing, 85 Fordham L. Rev. 533 (2016).
Categories:
Disciplinary Perspectives & Law
,
Criminal Law & Procedure
Sub-Categories:
Sentencing & Punishment
,
Law & Mind Sciences
Type: Article
Nancy Gertner, Complicated Process, 125 Yale L.J. F. 442 (Mar. 22, 2016).
Categories:
Disciplinary Perspectives & Law
,
Discrimination & Civil Rights
Sub-Categories:
Law & Public Policy
,
Gender & Sexuality
,
Feminist Legal Theory
Type: Article
Nancy Gertner, Opinions I Should Have Written, 110 Nw. U. L. Rev. 423 (2016).
Categories:
Government & Politics
,
Legal Profession
Sub-Categories:
Judges & Jurisprudence
,
Biography & Tribute
Type: Article
Nancy Gertner, On Competence, Legitimacy, and Proportionality, 160 U. Pa. L. Rev. 1585 (2012).
Categories:
Criminal Law & Procedure
,
Government & Politics
Sub-Categories:
Sentencing & Punishment
,
Judges & Jurisprudence
,
Courts
Type: Article
Judge Nancy Gertner & Melissa Hart, Employment Law: Implicit Bias in Employment Discrimination Litigation, in Implicit Racial Bias across the Law 80 (Justin D. Levinson & Robert J. Smith eds., 2012).
Categories:
Labor & Employment
Sub-Categories:
Employment Discrimination
Type: Book
Abstract
Judges exercise enormous discretion in civil litigation, and nowhere more than in employment discrimination litigation, where the trial court’s “common sense” view of what is or is not “plausible” has significant impact on the likelihood that a case will survive summary judgment. As a general matter, doctrinal developments in the past two decades have quite consistently made it more difficult for plaintiffs to assert their claims of discrimination. In addition, many of these doctrines have increased the role of judicial judgment – and the possibility of the court’s implicit bias – in the life cycle of an employment discrimination case. This chapter begins by examining the persistence of gender and racial disparity in the workplace despite the fact that laws prohibiting discrimination have been on the books for decades. Social science offers an explanation in the form of studies that describe the role implicit bias plays in those continuing inequities just as the legal system seems especially resistant to integrating their insights. The chapter goes on to explore the ways that doctrinal developments for assessing evidence in employment discrimination cases – the procedural mechanisms that guide the cases through the system – are a one-way ratchet that makes it harder and harder to prove that discrimination occurred and that enables the judge to enact his or her biases.
Nancy Gertner, In Defense of Women: Memoirs of an Unrepentant Advocate (Beacon Press 2011).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
,
Discrimination & Civil Rights
Sub-Categories:
Gender & Sexuality
,
Feminist Legal Theory
,
Biography & Tribute
Type: Book
Abstract
Nancy Gertner launched her legal career by defending antiwar activist Susan Saxe, who was on trial for her role in a robbery that resulted in the murder of a police officer. After this high-profile, highly charged case, Gertner continued to cause a stir in case after riveting case. She threw herself into criminal and civil cases focused on women’s rights and civil liberties, establishing herself as a talented and unrepentant advocate for women. Now she looks back on that storied career of groundbreaking firsts and tells of her struggle to succeed personally and professionally while working on benchmark cases.
Nancy Gertner, Juries and Originalism: Giving "Intelligible Content" to the Right to a Jury Trial, 71 Ohio St. L.J. 935 (2011).
Categories:
Criminal Law & Procedure
,
Government & Politics
,
Constitutional Law
Sub-Categories:
Fourteenth Amendment
,
Sentencing & Punishment
,
Judges & Jurisprudence
,
Courts
Type: Article
Nancy Gertner, From Omnipotence to Impotence: American Judges and Sentencing, 4 Ohio St. J. Crim. L. 523 (2007).
Categories:
Criminal Law & Procedure
,
Government & Politics
Sub-Categories:
Sentencing & Punishment
,
Judges & Jurisprudence
Type: Article