The effect of the Supreme Court’s Wal-Mart class-action decision on substantive employment discrimination law

That's the topic of this article by law professor Natalie Pedersen. Here's the abstract:

Wal-Mart Stores, Inc. v. Dukes, the U.S. Supreme Court not only reversed
the grant of class certification to one of the largest employment
discrimination classes ever, but also indelibly altered the substance of
employment discrimination law. While many scholars have lamented the
fact that this potential class action was not allowed to move forward,
this article is the first to look comprehensively at the possible
substantive changes that the Dukes decision may effect on cases brought
pursuant to Title VII. Specifically, this article examines the language
of Dukes, as contrasted with Supreme Court precedent in the areas of
unjustified disparate impact and systemic disparate treatment cases. The
article also analyzes Dukes' potential effect on discrimination cases
that rely on social framework evidence. The inevitable conclusion is
nothing short of shocking: the Court, in this supposedly procedural
decision, has rewritten much of the substance of employment
discrimination law.

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