A Pro-Employee Supreme Court?: The Retaliation Decisions

Source: Michael J. Zimmer, South Carolina Law Review, Vol. 60 no. 4, Summer 2009

From the abstract:
In this Article, Professor Zimmer discusses the three employment retaliation cases that the Roberts’ Supreme Court has decided in the last three years. In all three cases, the employee won. Professor Zimmer asks whether the Supreme Court is pro-employee, at least in retaliation cases. He concludes that it is pro-employee, but not based on conventional political terms; instead, he argues that these decisions are a product primarily of a pragmatic approach to judicial decision making. The Article discusses all three retaliation decisions, analyzing the positions of the Justices who spoke to the issue of retaliation in these cases to see whether a pragmatic approach governed. His Article concludes by attempting to place these Justices on a spectrum from pragmatist to formalist.

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