Volume 57, Issue 4 Trial by Jury or Trial by Motion? Summary Judgment, Iqbal, and Employment Discrimination

The articles in this issue examine in-depth the application of Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal in employment discrimination cases, analyze the high failure rates of plaintiffs on pre- and post-trial motions, and offer specific insights into the issues that impact judicial decisionmaking in these cases. The issue is based on the Trial by Jury or Trial by Motion? Summary Judgment, Iqbal, and Employment Discrimination symposium held at New York Law School in April 2012. The symposium was developed and co-sponsored with The Employee Rights Advocacy Institute For Law & Policy, and was dedicated to the memory of Robert Belton, Professor Emeritus of Vanderbilt Law School, who passed away in February 2012. Professor Belton was a founding member of The Institute’s National Litigation Strategy Project, and this symposium was his brainchild.