Melissa Hart

University of Colorado Law School

Associate Professor

401 UCB

Boulder, CO 80309

United States

SCHOLARLY PAPERS

16

DOWNLOADS
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5,797

CITATIONS
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SSRN RANKINGS

Top 28,731

in Total Papers Citations

20

Scholarly Papers (16)

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 1,093 (18,807)
Citation 1

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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 991 (21,732)

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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 750 (32,276)

Abstract:

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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 688 (36,303)
Citation 1

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

5.

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 Marquette University - Law School
Downloads 347 (85,212)

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

6.

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 304 (98,648)

Abstract:

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civil rights litigation, employment law

7.

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)
Number of pages: 3 Posted: 26 Apr 2012 Last Revised: 12 May 2015
University of Hawaii - 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 - William S. Richardson School of Law, Texas Southern University - Thurgood Marshall School of Law, University of Colorado Law School, University of California, Irvine School of Law, University of Minnesota - Twin Cities, Penn State's Dickinson School of Law, University of Hawaii - William S. Richardson School of Law, University of Hawaii - William S. Richardson School of Law, Harvard Law School and The Promise of Justice Initiative
Downloads 274 (110,395)

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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

8.

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 248 (122,376)

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Employment Discrimination, judicial decisionmaking, implicit bias, discretion

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 208 (145,339)

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civil rights, administrative law, employment practice, courts

10.

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 191 (157,352)

Abstract:

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11.

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
Number of pages: 51 Posted: 11 Apr 2011 Last Revised: 03 Aug 2011
University of Colorado Law School, University of Connecticut - School of Law, New York University School of Law, Marquette University - Law School and University of Alabama - School of Law
Downloads 182 (164,441)

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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

12.

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 151 (193,200)

Abstract:

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discrimination, gender equality, employment equality

13.

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 124 (225,980)

Abstract:

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

14.

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 123 (227,312)
Citation 1

Abstract:

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

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 86 (290,229)

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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 37 (433,987)

Abstract:

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Supreme Court, employment and labor law, judicial decisionmaking