Melissa Hart

University of Colorado Law School

Associate Professor

401 UCB

Boulder, CO 80309

United States

SCHOLARLY PAPERS

17

DOWNLOADS
Rank 14,506

SSRN RANKINGS

Top 14,506

in Total Papers Downloads

7,268

TOTAL CITATIONS
Rank 45,845

SSRN RANKINGS

Top 45,845

in Total Papers Citations

7

Scholarly Papers (17)

1.

Considering Class: College Access and Diversity

U of Colorado Law Legal Studies Research Paper No. 12-18
Number of pages: 49 Posted: 27 Aug 2012 Last Revised: 26 Apr 2013
Matthew Gaertner and Melissa Hart
Center for College and Career Success and University of Colorado Law School
Downloads 1,300 (34,115)
Citation 3

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affirmative action, class-based affirmative action, empirical research, socioeconomic diversity, diversity, college admissions

2.

Law and Economics

A COMPANION TO PHILOSOPHY OF LAW AND LEGAL THEORY, Dennis Patterson, ed., 2010, U of Colorado Law Legal Studies Research Paper No. 1529806, Harvard Public Law Working Paper No. 10-14
Number of pages: 29 Posted: 31 Dec 2009 Last Revised: 13 Feb 2010
Jon D. Hanson, Kathleen Hanson and Melissa Hart
Harvard Law School, affiliation not provided to SSRN and University of Colorado Law School
Downloads 1,188 (38,874)
Citation 1

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Law and Economics, efficicency, Hand Formula, Carroll Towing, legal history, economic behavioralism, situationism, Richard Posner, distribution

3.

Subjective Decisionmaking and Unconscious Discrimination

Alabama Law Review, Vol. 56, p. 741, 2005, U of Colorado Law Legal Studies Research Paper No. 06-26
Number of pages: 52 Posted: 06 Mar 2006
Melissa Hart
University of Colorado Law School
Downloads 1,096 (43,717)

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discrimination, decisionmaking

4.

Learning from Wal-Mart

U of Colorado Law Legal Studies Research Paper No. 06-36
Number of pages: 30 Posted: 12 Oct 2006
Melissa Hart
University of Colorado Law School
Downloads 737 (75,333)
Citation 1

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Civil Rights, gender discrimination, Wal-Mart, Women's Rights, Class Action Litigation

5.

Implicit Racial Bias Across the Law (Book Synopsis)

Justin D. Levinson and Robert J. Smith (eds), IMPLICIT RACIAL BIAS ACROSS THE LAW, Cambridge University Press (May 2012), University of Hawai’i Richardson School of Law Research Paper No. 2045319
Number of pages: 3 Posted: 26 Apr 2012 Last Revised: 09 Jan 2020
University of Hawaii at Manoa - William S. Richardson School of Law, Harvard Law School (Fair Punishment Project, a joint initiative of the Charles Hamilton Houston Institute & Criminal Justice Institute), University of California, Los Angeles (UCLA) - School of Law, Stanford Law School, University of California, Berkeley - School of Law, University of Hawaii at Manoa - Department of Psychology, Emory University School of Law, Rutgers Law School, Harvard Law School, University of Hawaii at Manoa - William S. Richardson School of Law, Sacks Law Firm, University of Colorado Law School, Georgetown University Law Center, University of Minnesota - Twin Cities, Penn State Dickinson Law, University of Hawaii at Manoa - William S. Richardson School of Law, University of Hawaii at Manoa - William S. Richardson School of Law, Harvard Law School and University of Akron - School of Law
Downloads 470 (132,497)

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Implicit Racial Bias, Corporations, Criminal Law, Torts, Property, Cyber, Tax, Federal Indian, Intellectual Property, Capital Punishment, Reparations, Employment, Health, Education, Communications, Environmental

6.

A Matter of Context: Social Framework Evidence in Employment Discrimination Class Actions

U of Colorado Law Legal Studies Research, Forthcoming, Fordham Law Review, Vol. 78, No. 1, 2009, Marquette Law School Legal Studies Paper No. 09-08
Number of pages: 34 Posted: 19 Mar 2009 Last Revised: 21 Jul 2014
Melissa Hart and Paul M. Secunda
University of Colorado Law School and affiliation not provided to SSRN
Downloads 377 (170,851)

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evidence, social frameworks, employment discrimination, expert testimony, sex discrimination, Federal Rules of Evidence

7.

Implicit Bias in Employment Discrimination Litigation

Implicit Racial Bias Across the Law, Cambridge University Press, 2012, U of Colorado Law Legal Studies Research Paper No. 12-07
Number of pages: 28 Posted: 07 Jun 2012 Last Revised: 02 Apr 2015
Nancy Gertner and Melissa Hart
Harvard Law School and University of Colorado Law School
Downloads 355 (182,662)

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Employment Discrimination, judicial decisionmaking, implicit bias, discretion

8.

Retaliatory Litigation Tactics: The Chilling Effects of After-Acquired Evidence

U of Colorado Law Legal Studies Research Paper No. 07-23
Number of pages: 40 Posted: 11 Sep 2007
Melissa Hart
University of Colorado Law School
Downloads 338 (192,527)

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civil rights litigation, employment law

9.

Skepticism and Expertise: The Supreme Court and the Eeoc

Fordham Law Review, Vol. 74, p. 1937, 2006, U of Colorado Law Legal Studies Research Paper No. 06-04
Number of pages: 27 Posted: 27 Mar 2006
Melissa Hart
University of Colorado Law School
Downloads 239 (276,019)

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civil rights, administrative law, employment practice, courts

10.

U.S. Supreme Court Amicus Brief of Civil Procedure Professors in Support of Respondents, Wal-Mart Stores, Inc. v. Dukes, No. 10-277

NYU School of Law, Public Law Research Paper No. 11-44, Texas A&M University School of Law Legal Studies Research Paper
Number of pages: 51 Posted: 11 Apr 2011 Last Revised: 02 Jul 2024
University of Colorado Law School, Cornell University - Law School, New York University School of Law, affiliation not provided to SSRN and Texas A&M University School of Law
Downloads 232 (284,230)

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Class Action, Federal Rule of Civil Procedure 23, Certification Motion, Rule 23(a), Rule 23(b)(2), Employment Discrimination, Gender Discrimination

11.

The Possibility of Avoiding Discrimination: Considering Compliance and Liability

Connecticut Law Review, Vol. 39, No. 4, p. 1621, 2007, U of Colorado Law Legal Studies Research Paper No. 07-19
Number of pages: 27 Posted: 17 Jul 2007
Melissa Hart
University of Colorado Law School
Downloads 214 (307,170)

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discrimination, gender equality, employment equality

12.

Procedural Extremism: The Supreme Court's 2008-2009 Labor and Employment Cases

Employee Rights & Employment Policy Journal, Vol. 13, pp. 253-284, 2009, U of Colorado Law Legal Studies Research Paper No. 09-21
Number of pages: 33 Posted: 17 Dec 2009
Melissa Hart
University of Colorado Law School
Downloads 213 (308,534)

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13.

Civil Rights and Systemic Wrongs: The Future of Employment Discrimination Class Actions

Berkeley Journal of Employment and Labor Law, Vol. 32, p. 457, 2011, U of Colorado Law Legal Studies Research Paper No. 12-11
Number of pages: 23 Posted: 19 Jun 2012
Melissa Hart
University of Colorado Law School
Downloads 159 (401,903)
Citation 2

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Employment discrimination, class actions, Walmart, systemic discrimination, procedure, pattern and practice claims, rules enabling act

14.

Will Employment Discrimination Class Actions Survive?

Akron Law Review, Vol. 37, p. 813, 2004, U of Colorado Law Legal Studies Research Paper No. 06-03
Number of pages: 35 Posted: 27 Mar 2006
Melissa Hart
University of Colorado Law School
Downloads 145 (433,670)

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Civil Rights, Courts, Employment Practice, Practice and Procedure, Class Actions

15.

From Wards Cove to Ricci: Struggling Against the 'Built-In Headwinds' of a Skeptical Court

Wake Forest Law Review, Vol. 46, 2011, U of Colorado Law Legal Studies Research Paper No. 11-07
Number of pages: 20 Posted: 11 May 2011
Melissa Hart
University of Colorado Law School
Downloads 114 (524,119)

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discrimination, disparate impact, Supreme Court, Civil Rights Act

16.

Business-Like: The Supreme Court's 2009-2010 Labor and Employment Decision

Employee Rights and Employment Policy Journal, Vol. 14, p. 207, 2011, U of Colorado Law Legal Studies Research Paper No. 11-06
Number of pages: 24 Posted: 12 May 2011
Melissa Hart
University of Colorado Law School
Downloads 59 (781,450)

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Supreme Court, employment and labor law, judicial decisionmaking

17.

The Role of State Justices in Advancing State Constitutional Law: Some Thoughts from Colorado

2024 Wisconsin Law Review 1447 (2024)
Number of pages: 20 Posted: 17 Dec 2024 Last Revised: 03 Mar 2025
Jake Mazeitis and Melissa Hart
Independent and University of Colorado Law School
Downloads 32 (1,015,032)

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State Constitutional Law, State Justices, State Supreme Courts, State Constitutions