Eighth, and final, Journal Summary for Upcoming Publication of ASU Law Journal
THE GROSS BEAST OF BURDEN OF PROOF: Experimental Evidence On How The Burden of Proof Influences Employment Discrimination Case Outcomes. David Sherwyn & Michael Heise David Sherwyn is an Associate Professor of Law at Cornell University School of Hotel Administration, and Michael Heise is a Professor of Law at Cornell Law School. A summary of, including excerpts from, their forthcoming Article in the Arizona State Law Journal is provided below. Scholarly and public attention to the burden of proof and jury instructions has increased dramatically since the Supreme Court’s 2009 decision in Gross v. FBL Financial Services Inc. Although Title VII, the ADEA, and the ADA prohibit employers from discriminating because of certain characteristics protected by the statutes, the statutes do not explain how parties prove their case, which side…