George A. Rutherglen

University of Virginia School of Law

John Barbee Minor Distinguished Professor

580 Massie Road

Charlottesville, VA 22903

United States

SCHOLARLY PAPERS

23

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Scholarly Papers (23)

1.

Ironies, Inconsistencies, and Intercollegiate Athletics: Title Ix, Title Vii, and Statistical Evidence of Discrimination

University of Virginia School of Law, Legal Studies Working Paper No. 99-1
Number of pages: 82 Posted: 14 Jul 1999
Earl C. Dudley and George A. Rutherglen
University of Virginia School of Law and University of Virginia School of Law
Downloads 313 (118,297)

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2.

The Origins of Arguments Over Reverse Discrimination: Lessons from the Civil Rights Act of 1866

Virginia Public Law and Legal Theory Research Paper No. 2014-14
Number of pages: 29 Posted: 13 Feb 2014
George A. Rutherglen
University of Virginia School of Law
Downloads 230 (161,820)

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3.

Custom and Usage as Action Under Color of State Law: An Essay on the Forgotten Terms of Section 1983

UVA School of Law, Public Law Research Paper No. 02-13
Number of pages: 33 Posted: 21 Nov 2002
George A. Rutherglen
University of Virginia School of Law
Downloads 226 (164,581)
Citation 1

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4.

Concrete or Abstract Conceptions of Discrimination?

Virginia Public Law and Legal Theory Research Paper No. 2012-58
Number of pages: 38 Posted: 20 Sep 2012
George A. Rutherglen
University of Virginia School of Law
Downloads 211 (175,597)

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discrimination, equality, disparate impact, implicit bias, appearance, sexual orientation

5.

The Rights of Aliens Under the United States Constitution: At the Border and Beyond

Virginia Public Law and Legal Theory Research Paper No. 2017-14
Number of pages: 35 Posted: 11 Apr 2017
George A. Rutherglen
University of Virginia School of Law
Downloads 185 (198,015)

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citizens, aliens, immigration, extra-territoriality, constitutional rights, admission, asylum

6.

Future Claims in Mass Tort Cases: Deterrence, Compensation and Necessity

UVA Law and Economics Research Paper No. 02-6
Number of pages: 14 Posted: 16 May 2002
George A. Rutherglen
University of Virginia School of Law
Downloads 183 (199,910)
Citation 1

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7.

Sovereignty, Territoriality, and the Enforcement of Foreign Judgments

in Foreign Court Judgments and The United States Legal System 13 (Paul Stephan ed. 2014), Virginia Public Law and Legal Theory Research Paper No. 2014-15
Number of pages: 28 Posted: 13 Feb 2014 Last Revised: 06 Apr 2017
George A. Rutherglen and James Y. Stern
University of Virginia School of Law and William & Mary Law School
Downloads 171 (212,018)

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8.

In What Sense a Coup? A Review of the Framers’ Coup: The Making of the United States Constitution by Michael J. Klarman

Journal of Law and Politics, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2018-52
Number of pages: 13 Posted: 28 Aug 2018
George A. Rutherglen
University of Virginia School of Law
Downloads 156 (229,071)

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constitutional law, constitutional history, constitutional rights, federalism, originalism

9.

Reconceiving Personal Jurisdiction: Sovereignty, Authority, and Individual Rights

Virginia Public Law and Legal Theory Research Paper No. 13
Number of pages: 54 Posted: 13 Feb 2015
George A. Rutherglen
University of Virginia School of Law
Downloads 122 (277,860)

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10.

The Way Forward after Wal-Mart

Virginia Public Law and Legal Theory Research Paper No. 2012-56
Number of pages: 21 Posted: 18 Sep 2012
George A. Rutherglen
University of Virginia School of Law
Downloads 108 (302,719)

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Class actions, employment discrimination, notice, opt-out, commonality, merits, summary judgment

11.

The Thirteenth Amendment, the Power of Congress, and the Politics of Civil Rights

Virginia Public Law and Legal Theory Research Paper No. 2009-10
Number of pages: 34 Posted: 14 Sep 2009 Last Revised: 25 Sep 2009
George A. Rutherglen
University of Virginia School of Law
Downloads 103 (312,670)

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constitutional rights, civil rights, employment discrmination, slavery, Thirteenth Amendment, Congress

12.

A Choice by Any Other Name: Ad Hoc Substitutes for Choice of Law

Virginia Public Law and Legal Theory Research Paper No. 2021-23
Number of pages: 13 Posted: 20 Apr 2021
George A. Rutherglen
University of Virginia School of Law
Downloads 80 (366,097)

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choice of law, personal jurisdiction, procedure, forum shopping, extra-territoriality

13.

Disaggregated Discrimination and the Rise of Identity Politics

Virginia Public Law and Legal Theory Research Paper No. 2018-50
Number of pages: 30 Posted: 27 Aug 2018 Last Revised: 04 Apr 2019
George A. Rutherglen
University of Virginia School of Law
Downloads 80 (366,097)

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discrimination, equality, sexual orientation, sexual harassment, religion, affirmative action

14.

Personal Jurisdiction and Political Authority

Virginia Public Law and Legal Theory Research Paper No. 2017-13
Number of pages: 51 Posted: 11 Apr 2017
George A. Rutherglen
University of Virginia School of Law
Downloads 72 (388,599)

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personal jurisdiction, due process, sovereignty, territory, political authority, minimum contacts, consent

15.

Title VII as Precedent: Past and Prologue for Future Legislation

Virginia Public Law and Legal Theory Research Paper No. 2014-13
Number of pages: 39 Posted: 13 Feb 2014
George A. Rutherglen
University of Virginia School of Law
Downloads 68 (400,768)

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16.

Reconstruction in Legal Theory

Virginia Public Law and Legal Theory Research Paper No. 2019-20
Number of pages: 11 Posted: 06 Apr 2019
George A. Rutherglen
University of Virginia School of Law
Downloads 65 (410,302)

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Reconstruction, Legal Theory, Civil Rights, Constitutional Law, Jurisprudence

17.

Fisher II Whose Burden, What Proof?

20 Green Bag 2d 19 (2016), Virginia Public Law and Legal Theory Research Paper No. 2017-16
Number of pages: 15 Posted: 11 Apr 2017
George A. Rutherglen
University of Virginia School of Law
Downloads 64 (413,590)

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18.

Constitutionalizing Employees’ Rights: Lessons from the History of the Thirteenth Amendment

Virginia Public Law and Legal Theory Research Paper No. 2011-27
Number of pages: 24 Posted: 06 Sep 2011
George A. Rutherglen
University of Virginia School of Law
Downloads 63 (417,016)

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19.

Universal Injunctions: Why Not Follow the Rule?

Virginia Public Law and Legal Theory Research Paper No. 2021-24
Number of pages: 15 Posted: 20 Apr 2021
George A. Rutherglen
University of Virginia School of Law
Downloads 50 (464,303)

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injunctions, equity, case or controversy, class actions, remedies, procedure

20.

Territoriality and Its Troubles

Virginia Public Law and Legal Theory Research Paper No. 2019-22
Number of pages: 12 Posted: 17 Apr 2019
George A. Rutherglen
University of Virginia School of Law
Downloads 40 (507,213)

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territoriality, extra-territoriality, sovereignty, choice of law, statutory interpretation

21.

Self-Portrait in a Complex Mirror: Reflections on the Making of a Justice: My First Ninety-Four Years by John Paul Stevens

Virginia Law Review Online, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2020-22
Number of pages: 17 Posted: 06 Mar 2020
George A. Rutherglen
University of Virginia School of Law
Downloads 35 (531,429)

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Supreme Court, constitutional law, administrative law

22.

The Problem with Procedure: Some Inconvenient Truths About Aspirational Goals

Virginia Public Law and Legal Theory Research Paper No. 2018-51, San Diego Law Review, Forthcoming
Number of pages: 22 Posted: 25 Aug 2018
George A. Rutherglen
University of Virginia School of Law
Downloads 31 (552,487)

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due process, civil procedure, Federal Rules of Civil Procedure

23.

International Shoe and the Legacy of Legal Realism

UVA School of Law, Public Law Research Paper No. 01-16
Posted: 29 Nov 2001
George A. Rutherglen
University of Virginia School of Law

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