Abstract

http://ssrn.com/abstract=910940
 
 

Citations (3)



 
 

Footnotes (41)



 


 



When Organizations Rule: Judicial Deference to Institutionalized Employment Structures


Lauren B. Edelman


University of California, Berkeley - Jurisprudence & Social Policy Program and Center for the Study of Law and Society

Linda Hamilton Krieger


University of Hawaii at Manoa - William S. Richardson School of Law

Scott R. Eliason


University of Minnesota - Twin Cities

Catherine Albiston


University of California, Berkeley - School of Law

Virginia A. Mellema


Government of the United States of America - Equal Employment Opportunity Commission

June 21, 2006

1st Annual Conference on Empirical Legal Studies Paper

Abstract:     
This article offers a theoretical and empirical analysis of legal endogeneity - a subtle and powerful process through which institutionalized organizational practices and structures influence judicial conceptions of legality and compliance. We argue that organizational structures such as grievance procedures, anti-harassment policies, evaluation procedures, and formal hiring procedures become symbolic indicia of compliance with civil rights law. At first these structures may simply be present in the case narrative. But, as they become increasingly institutionalized, judges begin to use their presence or absence in evaluating whether or not an organizational discriminated. Ultimately, these structures becomes so closely associated with rationality and fairness that judges become less likely to scrutinize whether they in fact operate in a manner that promotes nondiscriminatory treatment. To illustrate and test the theory of legal endogeneity, we conduct a quantitative content analysis of 1024 federal civil rights decisions from 1965-1999.

Number of Pages in PDF File: 68

Keywords: civil rights & discrimination; corporate governance

working papers series





Download This Paper

Date posted: June 21, 2006 ; Last revised: August 26, 2014

Suggested Citation

Edelman, Lauren B. and Krieger, Linda Hamilton and Eliason, Scott R. and Albiston, Catherine and Mellema, Virginia A., When Organizations Rule: Judicial Deference to Institutionalized Employment Structures (June 21, 2006). 1st Annual Conference on Empirical Legal Studies Paper. Available at SSRN: http://ssrn.com/abstract=910940

Contact Information

Lauren B. Edelman (Contact Author)
University of California, Berkeley - Jurisprudence & Social Policy Program and Center for the Study of Law and Society ( email )
215 Boalt Hall
Berkeley, CA 94720-7200
United States
510-642-4038 (Phone)
510-643-6171 (Fax)
Linda Hamilton Krieger
University of Hawaii at Manoa - William S. Richardson School of Law ( email )
2515 Dole Street
Honolulu, HI 96822
United States
1.808.956.6994 (Phone)
Scott R. Eliason
University of Minnesota - Twin Cities ( email )
420 Delaware St. SE
Minneapolis, MN 55455
United States
Catherine Albiston
University of California, Berkeley - School of Law ( email )
215 Boalt Hall
Berkeley, CA 94720-7200
United States
Virginia A. Mellema
Government of the United States of America - Equal Employment Opportunity Commission ( email )
1801 L Street N.W.
Washington, DC 20507
United States
Feedback to SSRN


Paper statistics
Abstract Views: 408
Downloads: 2
Citations:  3
Footnotes:  41

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.281 seconds