Project and content management for Contemporary Authors volumes
±RK TITLE: Masculinity at Work
WORK NOTES:
EUDONYM(S):
BIRTHDATE:
WEBSITE:
CITY:
STATE:
COUNTRY:
NATIONALITY:
https://law.unlv.edu/faculty/ann-mcginley * https://law.unlv.edu/sites/default/files/faculty/resumes/McGinley%20CV%204-17-17.pdf * https://law.unlv.edu/faculty/publications/ann-mcginley * https://www.linkedin.com/in/ann-mcginley-a949326/
RESEARCHER NOTES:
LC control no.: n 2010001398
LCCN Permalink: https://lccn.loc.gov/n2010001398
HEADING: McGinley, Ann C.
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035 __ |a (OCoLC)oca08355210
040 __ |a DLC |b eng |e rda |c DLC |d NNU-L
046 __ |s 20
100 1_ |a McGinley, Ann C.
370 __ |c United States |f Las Vegas (Nev.) |f Brooklyn (New York, N.Y.) |f Tallahassee (Fla.) |2 naf
372 __ |a Law |2 lcsh
373 __ |a William S. Boyd School of Law |2 naf |s 1999
373 __ |a Brooklyn Law School |2 naf |s 1989 |t 1995
373 __ |a Florida State University. College of Law |2 naf |s 1995
374 __ |a Law teachers |a College teachers |2 lcsh
375 __ |a female
377 __ |a eng
670 __ |a Rothstein, Laura F. Disability law, 2010: |b ECIP galley (Ann C. McGinley)
670 __ |a UNLV William S. Boyd School of Law WWW site, accessed Dec. 16, 2015: |b Ann C. McGinley web page (William S. Boyd Professor of Law at Univ. of Nev., Las Vegas, since 1999; graduate, Univ. of Penn. Law School; taught at Brooklyn Law School from 1989-1995; Also taught at Florida State Univ. College of Law in 1995)
953 __ |a xg04
PERSONAL
Female.
EDUCATION:Attended New York University at the University of Madrid, 1971-72; Rosemont College, B.A. (with honors), 1973; University of Delaware, M.A., 1974; University of Pennsylvania Law School, J.D., 1982.
ADDRESS
CAREER
United States Attorney for the District of Columbia, Washington, DC, law clerk, 1981; American Civil Liberties Union Legislative Office, Washington, DC, legal intern, 1981; Honorable Joseph S. Lord, III, Philadelphia, PA, law clerk, 1982-84; Leonard, Street and Deinard, Minneapolis, MN, litigation associate, 1984-86; Reinhardt & Schachter, Newark, NJ, litigation associate, 1987-88; Smith, Mullin & Kiernan, West Orange, NJ, litigation associate, 1988-89; Brooklyn Law School, Brooklyn, NY, instructor of law, 1989-93, assistant professor of legal writing, 1993-95; Florida State University College of Law, Tallahassee, FL, assistant professor of law and director of skills training, 1995-98, associate professor of law and director of skills training, 1998-99; William S. Boyd School of Law, University of Nevada, Las Vegas, professor of law, 1999-2005, William S. Boyd Professor of Law, 2005—, associate dean for faculty development and research, 2007-08. University of Insubria, Como, Italy, visiting professor of law, summers, 2010-13; Universidad Adolfo Ibañez, Master’s Program in Labor Law, Santiago, Chile, visiting professor of law, summers, 2012—, Academic Council of the Master’s Program in Labor Law, 2013-14. LAWS, member of editorial board.
AWARDS:Andelot Research Fellowship in Spanish, University of Delaware, c. 1973; Paul Steven Miller Award, 2016, Labor and Employment Law Legal Scholars at the Colloquium on Scholarship of Employment and Labor Law, University of Washington School of Law, Seattle, WA, for excellence in employment and labor law scholarship.
WRITINGS
Author, with Laura Rothstein, of Disability Law: Cases, Materials, Problems, fifth edition, 2010, sixth edition, 2017, along with supplements and teachers’ manual. Contributor to books, including Gender and Equality Law, The Gendered Society, Exploring Masculinities: Feminist Legal Theory Reflections, and Vulnerability, Employment and Labor. Contributor to journals, periodicals, and Web sites, including Employee Rights and Employment Policy Journal, Journal of Legal Education, Nevada Law Journal, Hamilton and Griffin on Rights, and Slate.
SIDELIGHTS
Legal scholar Ann C. McGinley has written extensively about the application of masculinities theory in the context of law. This theory, developed in the social sciences, holds that society has constructed a set of expectations for what is considered masculine behavior, resulting in stereotypes of masculinity. In the workplace, these expectations are often used to discriminate against women, as well as against men who do not behave or present themselves in a stereotypically masculine manner, according to McGinley. She maintains that law surrounding employment discrimination must take this factor into consideration. She has coedited one book on the subject, Masculinities and the Law: A Multidimensional Approach, and authored another, Masculinity at Work: Employment Discrimination through a Different Lens. Of Masculinity at Work, she wrote on the blog Hamilton and Griffin on Rights: “I wrote this book to explain how masculinity defeats equal rights for both men and women in the workplace, and to encourage the public, lawyers, and the courts to do something about it.”
She explores how masculinity expectations play out in the work environment, often resulting in harassment of those perceived as insufficiently masculine while strengthening the power of the harassers. This harassment can be overt or subtle, and it is often dismissed as mere “boys will be boys” behavior when both the victims and the perpetrators are male, she writes. Among the examples she uses is that of Miami Dolphins football player Jonathan Martin, who in 2013 entered a hospital for treatment of severe depression, due to constant bullying by his teammates. She discusses numerous court cases involving sex discrimination and evaluates how masculinities theory could contribute to better application of nondiscrimination law, especially the federal statute that bans such discrimination, Title VII of the U.S. Civil Rights Act of 1964.
Several reviewers thought Masculinity at Work enlightening and valuable. “This book represents the capstone for Ann McGinley’s career developing new and important insights into how discrimination occurs in the workplace, how the law deals with it and, especially, how the law can be developed to better protect the victims of employment discrimination,” remarked Michael J. Zimmer on the Web log Worklaw Jotwell. Amos Lassen, writing online at Reviews by Amos Lassen, noted that McGinley’s book is both “a theoretical disposition and a practical guide for legal counsel and judges” in which she “presents new ways of looking at employment law.” McGinley, added C. L. Lalonde in Choice, offers “extensive analysis of how gender functions in different job environments and application of the theory to actual court cases.” Lalonde rated the book “highly recommended.”
BIOCRIT
PERIODICALS
Choice, October, 2016, C. L. Lalonde, review of Masculinity at Work: Employment Discrimination through a Different Lens, p. 255.
ONLINE
Ann C. McGinley LinkedIn Page, https://www.linkedin.com/ (September 3, 2017), brief biography.
Hamilton and Griffin on Rights, http://www.hamilton-griffin.com/ (June 6, 2016), Ann C. McGinley, essay on Masculinity at Work.
Reviews by Amos Lassen, http://reviewsbyamoslassen.com/ (May 14, 2016), Amos Lassen, review of Masculinity at Work.
University of Nevada, Las Vegas, William S. Boyd School of Law Web site, https://law.unlv.edu/ (September 3, 2017), brief biography and curriculum vitae.
Worklaw Jotwell, http://worklaw.jotwell.com/ (October 21, 2015), Michael J. Zimmer, review of Masculinity at Work.*
Ann C. McGinley
William S. Boyd Professor of Law
Areas of expertise:
Tort Law, Masculinities Theory and Law, Disability Discrimination Law, Gender and Law, Employment Discrimination Law, Employment Law, Arbitration
Bio:
Read more
Ann C. McGinley is the William S. Boyd Professor of Law at the Boyd School of Law of the University of Nevada, Las Vegas, where she has taught since 1999. A cum laude graduate of the University of Pennsylvania Law School and an editor of the University of Pennsylvania Law Review, Professor McGinley clerked for the Honorable Joseph S. Lord, III of the Eastern District of Pennsylvania and practiced commercial, employment, and civil rights litigation. From 1989-95, Professor McGinley taught civil procedure and legal research, writing, and analysis at Brooklyn Law School. She joined the Florida State University College of Law in 1995 where she served as associate professor of law and director of skills training. Professor McGinley is an internationally recognized scholar in the area of employment law, employment discrimination and disability law and a leader in Multidimensional Masculinities Theory, an emerging discipline that applies masculinities theory from social sciences to legal interpretation.
In the Media
Sep. 23, 2016
Faculty Spotlight: Ann McGinley (Boyd Briefs)
Sep. 15, 2016
Gender Specifics (UNLV News Center)
Jul. 14, 2016
College Men for Trump (The New York Times)
Jun. 13, 2016
GOP campaign mail severely distorts complex issue of transgender bathroom access (PolitiFact Nevada)
Jun. 06, 2016
Why I Wrote This Book (Hamilton and Griffin on Rights)
Ann C. McGinley's image
702-895-2436
ann.mcginley@unlv.edu
Scholarship
Publications
Curriculum Vitae
Ann C. McGinley's CV
Education
B.A., Rosemont College
M.A., University of Delaware
J.D. cum laude, University of Pennsylvania Law School
Websites / Blogs
http://law.unlv.edu/LaborLaw2013
Ann C. McGinley
William S. Boyd Professor of Law
William S. Boyd School of Law
University of Nevada, Las Vegas
4505 S. Maryland Parkway
Box 451003
Las Vegas, NV 89154-1003
(702) 895-2436 (office)
ann.mcginley@unlv.edu
Employment:
6/99-Present Associate Dean for Faculty Development and Research (8/07-8/08)
William S. Boyd Professor of Law (since 2005)
Professor of Law (since 1999)
William S. Boyd School of Law, UNLV
Las Vegas, Nevada
Law School Teaching: Employment Discrimination, Torts, Disability
Law, Employment Law, Dress and Appearance Regulation in the Casino
Industry, Masculinity, Law, and Popular Culture, Advanced Problems in
Employment Law Seminar, Masculinity and Law Seminar, Civil
Procedure, Pretrial Litigation, Externship Program, Society of Advocates
University Teaching: Lecturer in Executive MBA program; Guest
Lecturer in Engineering Department; Guest Lecturer in Dental School
Summers 2010-
2013 Visiting Professor of Law, University of Insubria, Como, Italy.
(Introduction to American Tort Law - Italian and other European law
students; A Comparative Analysis of the Responses to Climate Change)
Summers 2012-
Present Visiting Foreign Professor of Law, Universidad Adolfo Ibañez, Master’s
Program in Labor Law, Santiago, Chile; Academic Council of the
Master’s Program in Labor Law (2013-2014)
8/98-6/99 Associate Professor of Law (with tenure) & Director of Skills Training
Florida State University College of Law, Tallahassee, Florida
Employment Discrimination, Skills Practicum in Employment
Discrimination, Labor Law, Disability Law, Director of Children’s
Advocacy Center. Coordinated clinic and legal writing programs.
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6/95-8/98 Assistant Professor of Law & Director of Skills Training
Florida State University College of Law (same responsibilities as above).
9/89-6/95 Assistant Professor of Legal Writing (1993-1995)
Instructor of Law (1989-1993)
Brooklyn Law School, Brooklyn, New York
Civil Procedure, Legal Analysis, Research & Writing
10/88-8/89 Litigation Associate, Smith, Mullin & Kiernan
West Orange, New Jersey
Civil rights and employment litigation.
6/87-10/88 Litigation Associate, Reinhardt & Schachter
Newark, New Jersey
Civil rights and employment litigation.
10/84-5/86 Litigation Associate, Leonard, Street and Deinard
Minneapolis, Minnesota
Commercial, employment and civil rights litigation.
8/82-9/84 Law Clerk
Honorable Joseph S. Lord, III (E.D.P.A.)
Philadelphia, Pennsylvania
9/81-12/81 Legal Intern
A.C.L.U. Legislative Office
Washington, D.C.
6/81-9/81 Law Clerk
United States Attorney for the District of Columbia
Washington, D.C.
Education:
1982 J.D. University of Pennsylvania Law School
Cum laude
Editor, University of Pennsylvania Law Review
1974 M.A. University of Delaware
Recipient, Andelot Research Fellowship in Spanish
Grade Point Average: 4.0
1973 B.A. Rosemont College, Rosemont, Pennsylvania
Dean’s List; Graduated with Honors
Major: Spanish Literature and Language
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1971-72 New York University at the University of Madrid
Madrid, Spain
Lifetime Excellence Award in Scholarship
Paul Steven Miller Award, 2016, awarded by the community of Labor and Employment
Law Legal Scholars at the Colloquium on Scholarship of Employment and Labor Law,
University of Washington School of Law, Seattle, Washington, for excellence in
Employment and Labor Law Scholarship. “This award recognizes your contributions to
the scholarly community as well as to the public at large for your work in
gender/masculinities law, disability law, sex discrimination law, and other areas in which
you have been a frequent and important contributor.” (September 2016).
Academic and Editorial Positions
Academic Advisory Board, Universidad Adolfo Ibañez, Master’s Degree Program in
Labor Law, Santiago, Chile (2013-2014).
Editorial Board, LAWS (peer-reviewed international scholarly open access journal of
legal systems, theory and institutions. Published quarterly online by MDPI).
Publications (published or accepted for publication)
Peer Reviewed Books
MASCULINITY AT WORK: EMPLOYMENT DISCRIMINATION THROUGH A DIFFERENT LENS
(New York University Press) (2016).
MASCULINITIES AND THE LAW: A MULTIDIMENSIONAL APPROACH (edited with Frank
Rudy Cooper) (New York University Press) (2012).
Books
DISABILITY LAW: CASES, MATERIALS, PROBLEMS, Fifth Edition (LexisNexis) (with Laura
Rothstein) (2010); Sixth Edition (Carolina Academic Press) (forthcoming 2017).
DISABILITY LAW: STATUTORY APPENDIX: FEDERAL STATUTES AND REGULATIONS
(LexisNexis) (with Laura Rothstein) (2013).
Teachers’ Manual for DISABILITY LAW: CASES, MATERIALS, PROBLEMS, Fifth Edition
(LexisNexis) (with Laura Rothstein) (2010); Sixth Edition (Carolina Academic Press)
(forthcoming 2017).
Disability Law: Cases, Materials, Problems (2011 through 2016 annual Letter
Supplements) LexisNexis (with Laura Rothstein).
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Peer Reviewed Book Chapters
We Are All Contingent: Institutionalizing Vulnerability in the U.S. Workplace in
VULNERABILITY, EMPLOYMENT AND LABOR (Martha Fineman and Jonathan Fineman,
eds.) (Routledge 2017) (forthcoming) (with David McClure).
Masculinities and Disparate Impacts, in EXPLORING MASCULINITIES: FEMINIST LEGAL
THEORY REFLECTIONS (Martha Albertson Fineman and Michael Thompson, eds.,
Ashgate) (2014).
Hillary Clinton, Sarah Palin, and Michelle Obama: Performing Gender, Race, and Class
on the Campaign Trail, THE GENDERED SOCIETY (Michael Kimmel, ed., Oxford) (2013).
Work, Care Giving and Masculinities, GENDER AND EQUALITY LAW (Julie Goldscheid,
ed., Ashgate) (2013).
Book Chapters
Tendencias actuales en el derecho de daños estadounidense (Contemporary Trends in
U.S. Tort Law) in DAÑO, RESPONSABILIDAD Y SEGURO, Lefebvre-El Derecho, Madrid,
Spain (2016).
Oncale v. Sundowner, in FEMINIST JUDGMENTS: REWRITTEN OPINIONS OF THE UNITED
STATES SUPREME COURT (Kathryn Stanchi, Linda Berger, and Bridget Crawford, eds.)
(Cambridge University Press 2016).
Masculinities, Multidimensionality, and Law: Why They Need One Another, in
MASCULINITIES AND THE LAW: A MULTIDIMENSIONAL APPROACH (Frank Rudy Cooper
and Ann C. McGinley, eds., New York University Press) (2012) (with Frank Rudy
Cooper).
Feminist Legal Theory Meets Masculinities Theory, in MASCULINITIES AND THE LAW: A
MULTIDIMENSIONAL APPROACH (Frank Rudy Cooper and Ann C. McGinley, eds., New
York University Press) (2012) (with Nancy E. Dowd and Nancy Levit).
Meritor Savings Bank v. Vinson, in LINDA H. EDWARDS, READINGS IN PERSUASION:
BRIEFS THAT CHANGED THE WORLD (Wolters Kluwer Law and Business) (2012).
Current Project
Gender, Masculinity, and Lawyers’ Professional Relationships: U.S. and Abroad
(Empirical project in which I am interviewing lawyers in all types of legal work in
Santiago, Chile, Madrid, Spain and U.S. cities to consider the effect of gender on
working conditions of lawyers. I intend to explore how law and culture affect gendered
work relations “on the ground,” and to do a comparison of the results in different
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countries. Interviews for the first phase of this project, which occurred in Santiago, Chile,
January 2017 – April 2017, are completed. Interviews for the second stage take place in
Madrid, Spain from April 2017 – June 2017).
Articles
Public Policy and Workers’ Rights: Wrongful Discharge Discipline Actions and
Reasonable Good Faith Beliefs (with Nicole Porter), __ EMPLOYEE RIGHTS & EMP.
POL’Y J. __ (forthcoming 2017) (solicited for symposium).
Subsidized Egg Freezing in Employment: Autonomy, Coercion, or Discrimination?,
20 EMPLOYEE RIGHTS & EMP. POL’Y J.331 (2017) (solicited for symposium).
Employment Law Considerations for Law Schools Hiring Legal Writing Professors,
66 J. LEGAL EDUC. 585 (2017) (solicited).
Comparative Labor Law Dossier:Equality, Non-Discrimination and Work-Life Balance
[United States], IUSLABOR, www.iuslabor.es. https://www.upf.edu/iuslabor/_pdf/2016-
2/CLLD_EQUALITYx_NON-DISCRIMINATION_AND_WORKLIFE_BALANCE.pdf
(2016) (solicited).
Policing and the Clash of Masculinities, __ TAU. L. REV. __ (2016) (solicited lead article
for symposium on masculinities to be published in Hebrew).
Policing and the Clash of Masculinities __ HOWARD L.J. __ (2016) (published in
English).
Reconsidering Legal Regulation of Race, Sex, and Sexual Orientation, 50 TULSA L. REV.
341 (2014) (solicited review of four books).
Title VII at Fifty Years: A Symposium, 14 NEV. L.J. 661 (2014).
How Masculinities Distribute Power: The Influence of Ann Scales, 91 DENV. U. L. REV.
187 (2014) (solicited for symposium) (with Frank Rudy Cooper).
Masculinity, Labor and Sexual Power, 93 BOSTON U. L. REV. 795 (2013) (solicited for
symposium).
Masculine Law Firms, 8 FLORIDA INT’L U. L. REV. 423 (2013) (solicited for symposium).
Introduction: Men, Masculinities, and Law: A Symposium on Multidimensional
Masculinities Theory, 13 NEV. L.J. 315 (2013).
Identities Cubed: Perspectives on Multidimensional Masculinities Theory, 13 NEV. L.J.
326 (2013) (with Frank Rudy Cooper) (symposium).
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Guaranteeing the Rights of Public Employees, 16 EMPLOYEE RIGHTS & EMP. POL’Y J. 523
(2012) (with Kenneth G. Dau-Schmidt) (symposium).
Beyond the Water Cooler: Speech in the Workplace in an Era of Social Media, 30
HOFSTRA LAB. & EMP. L.J. 75 (2012) (with Ryan McGinley-Stempel).
Reasonable Men, 45 U. CONN. L. REV. 1 (2012).
Cognitive Illiberalism, Summary Judgment and Title VII, 57 N.Y.L.S. L. REV. 865
(2012/2013) (solicited for symposium).
Trouble in Sin City: Protecting Sexy Workers’ Civil Rights, 23 STANFORD L. & POL’Y
REV. 253 (2012) (solicited for symposium).
Ricci v. DeStefano: Diluting Disparate Impact and Redefining Disparate Treatment, 12
NEV. L.J. 626 (2012) (symposium).
Work, Care Giving and Masculinities, 34 SEATTLE U. L. REV. 703 (2011) (solicited for
symposium on Joan Williams’ book) reprinted in GENDER AND EQUALITY LAW (Julie
Goldscheid, ed., 2013) (Ashgate).
The New Old Legal Realism, 105 NW. L. REV. 689 (2011) (with Tracey George and Mitu
Gulati).
Ricci v. DeStefano: A Masculinities Theory Analysis, 33 HARV. J. LAW & GENDER 581
(2010) (solicited for symposium).
Discrimination Redefined, 75 MO. L. REV. 441 (2010) (solicited for symposium).
Erasing Boundaries: Masculinities, Sexual Minorities, and Employment Discrimination,
43 U. MICH. J. LAW REFORM 1 (2010).
Reproducing Gender on Law School Faculties, 2009 BYU L. REV. 99 (2009).
Hillary Clinton, Sarah Palin, and Michelle Obama: Performing Gender, Race, and Class
on the Campaign Trail, 86 DENV. U. L. REV. 709 (2009) (solicited for symposium)
available at http://www.law.du.edu/index.php/denver-university-law-review/specialissues/obama-phenomena-a-special-issue-on-the-election-of-president-barack-obama,
reprinted in WOMEN AND THE LAW (Jane C. Moriarty, ed., 2009)
(ThomsonReuters/West); reprinted in THE GENDERED SOCIETY READER (Michael
Kimmel, ed., 2013) (Oxford Univ. Press).
Creating Masculine Identities: Bullying and Harassment “Because of Sex,” 79 U. COLO.
L. REV. 1151 (2008).
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Harassing “Girls” at the Hard Rock: Masculinities in Sexualized Environments, 2007 U.
ILL. L. REV. 1229 (2007).
Babes and Beefcake: Exclusive Hiring Arrangements and Sexy Dress Codes, 14 DUKE J.
GENDER, L. & POL’Y 257 (2007) (solicited for symposium).
Harassment of Sex(y) Workers: Applying Title VII to Sexualized Industries, 18 YALE J. L.
& FEMINISM 65 (2006) (solicited for symposium), reprinted in WOMEN AND THE LAW
(Jane C. Moriarty, ed., 2008) (Thomson/West).
Discrimination In Our Midst: Law Schools’ Potential Liability for Employment
Practices, 14 UCLA WOMEN’S L.J. 1 (2005).
Masculinities at Work, 83 ORE. L. REV. 359 (2004).
Functionality or Formalism? Partners and Shareholders as “Employees” Under the
Anti-Discrimination Laws, 57 SMU L. REV. 3 (2004).
Symposium: The Law and Politics of Tort Reform: Justice and Democracy Forum,
Advocating Enterprise Liability for Medical Malpractice, 4 NEV. L.J. 377 (2003).
Casey at the Tee: Increased ADA Protections for Workers? 2 EMP. RIGHTS QUART. 47
(Winter 2002) (solicited).
Viva la Evolución! Recognizing Unconscious Motive in Title VII, 9 CORNELL J. L. & PUB.
POL’Y 415 (2000).
Affirmative Action Awash in Confusion: Backward-Looking-Future-Oriented
Justifications for Race-Conscious Measures, 4 ROGER WILL. L. REV. 209 (1998)
(solicited for symposium).
Board of Education v. Taxman: the Unpublished Opinions, 4 ROGER WILL. L. REV. 205,
233-256 (1998) (solicited for symposium).
The Emerging Cronyism Defense and Affirmative Action: A Critical Perspective on RaceConscious
and Color-Blind Decision Making Under Title VII, 39 ARIZ. L. REV. 1003
(1997), reprinted in 14 CIVIL RIGHTS LITIGATION AND ATTORNEY’S FEES ANNUAL
HANDBOOK, Ch. 12 (Steven Saltzman, ed., 1999).
Rethinking Civil Rights and Employment at Will: Toward a Coherent National Discharge
Policy, 57 OHIO ST. L.J. 1444 (1996).
Condescending Contradictions: Richard Posner’s Pragmatism and Pregnancy
Discrimination, 46 FLA. L. REV. 193 (1994) (with Jeffrey W. Stempel).
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Aspirations and Reality in the Law and Politics of Health Care Reform: Examining a
Symposium on (E)qual(ity) Care for the Poor, 60 BROOK. L. REV. 7 (1994) (symposium).
Reinventing Reality: The Impermissible Intrusion of After-Acquired Evidence in Title VII
Litigation, 26 CONN. L. REV. 203 (1993).
Credulous Courts and the Tortured Trilogy: The Improper Use of Summary Judgment in
Title VII and ADEA Cases, 34 B.C. L. REV. 203 (1993), reprinted in SELECTED ISSUES IN
PLAINTIFF’S EMPLOYMENT LAW: ALTERNATIVE DISPUTE RESOLUTION & SUMMARY
JUDGMENT IN EMPLOYMENT CASES (NELA 1996).
Selected Online Articles and Blogposts
Why I Wrote this Book, Masculinity at Work: Employment Discrimination through a
Different Lens, http://hamilton-griffin.com/ann-c-mcginley-masculinity-at-workemployment-discrimination-through-a-different-lens/
Hillary Clinton’s campaign: will gender matter? Theconversation.com, April 17, 2015.
Guest Blog: Hamilton-Griffin.com, City and County of San Francisco, California, et al.,
v. Sheehan: Title II of the ADA and Reasonable Accommodations in Police Arrests of
Citizens with Disabilities
http://hamilton-griffin.com/guest-blog-ann-mcginley-city-and-county-of-san-franciscocalifornia-et-al-v-sheehan-title-ii-of-the-ada-and-reasonable-accommodations-in-policearrests-of-citizens-with-disabilities/
linked to
http://www.scotusblog.com/2015/03/tuesday-round-up-267/ (March 31, 2015).
Guest Blog: Hamilton-Griffin.com, Young v. UPS, Inc.: A Victory for Pregnant
Employees?
http://hamilton-griffin.com/guest-blog-ann-mcginley-young-v-ups-inc-a-victory-forpregnant-employees/
linked to http://www.scotusblog.com (March 30, 2015).
What Happened in Las Vegas? Slate.com
http://www.slate.com/articles/double_x/doublex/2013/03/las_vegas_bartender_went_fro
m_a_male_to_a_female_job.html (March 26, 2013).
Free Havana (Club)-------and Santiago de Cuba Too! (with Jeffrey W. Stempel)
http://unlvlawblog.blogspot.com/2012_11_01_archive.html (November 30, 2012).
Selected Media Stories
Brittany Bronson, Money, Sex and Las Vegas Pool Parties,
http://www.nytimes.com/2015/07/12/opinion/sunday/money-sex-and-las-vegaspool-parties.html
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Sex Sells in Las Vegas Day Club Culture, http://knpr.org/knpr/2015-07/sex-sells-lasvegas-day-club-culture
Bar Publications
Disability Discrimination Law in Employment, 24 NEVADA LAWYER 8 (2016).
Protecting Basic Rights of Citizens, 72 FLA. BAR. J. 48 (October 1998) (with Ellen
Catsman Freidin).
Reinforcing the Merit Principle in Employment Discrimination Litigation, FSU LAW 21
(Summer 1998).
Civil Rights and Employment at Will: Time for a Federal Statute, FSU LAW 31 (Winter
1997).
Academic Conferences/Symposia Organized
Co-Chair (with Ruben Garcia), Eighth Annual Labor and Employment Law Scholars’
Colloquium, UNLV Boyd School of Law, Las Vegas, NV (September 2013).
Co-Chair (with Ruben Garcia), Title VII at 50 Years Old, a symposium in the NEVADA
LAW JOURNAL (2014).
Men, Masculinities, and the Law: A Symposium on Multidimensional Masculinities
Theory, published in the NEVADA LAW JOURNAL (2013) (Worked with student editors to:
Organize symposium; Invite authors; Edit authors’ articles; Wrote Introduction to
Symposium; Co-authored an article with Frank Rudy Cooper).
Multidimensional Masculinities and Law: A Colloquium, William S. Boyd School of
Law, Las Vegas, NV (February 2011) (Organized Conference; Served as Panelist,
Presenter and Lunch Speaker).
Chair, AALS Section on Labor Relations and Employment Law, Public Employees:
Labor Issues in an Era of Economic Recession, AALS Annual Meeting (2012)
(Organized panel and moderated program).
Chair, Edward V. Sparer Public Interest Symposium (co-sponsored by the Brooklyn Law
Review) - “Ensuring (E)qual(ity) Health Care for Poor Americans.” (December 3 & 4,
1993) (Organized Conference, Moderated and published article introducing conference).
Selected Academic Presentations and Positions
Policing and the Clash of Masculinities, Lead Speaker, Symposium on Masculinities and
the Law, Tel Aviv University Law School, Tel Aviv, Israel (May 2017) (forthcoming).
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Masculinity at Work, Faculty symposium, Tel Aviv University Law School, Tel Aviv,
Israel (May 2017) (forthcoming).
Protecting the States’ Public Policy: Recognizing Employee Good Faith Beliefs and
Broadening the Cause of Action to Wrongful Discipline (with Nicole Porter), Labor Law
Group Conference on the ALI's Restatement of Employment Law, University of Indiana,
Bloomington (November 2016).
Egg Freezing as Employment Benefit: Autonomy, Coercion, or Discrimination?:
Symposium Honoring the Work and Life of Michael Zimmer, Seton Hall Law School,
Newark, NJ (October 2016).
Masculinity at Work: Employment Discrimination through a Different Lens, Colloquium
of Scholars in Employment and Labor Law, University of Washington, Seattle, WA
(September 2016).
Speaker, La Ley del Acoso Sexual en los EEUU: Historia, Problemas de Interpretación y
una Teoría Nueva ("Sexual Harassment Law in the United States: History, Interpretive
Problems and a New Theory), Universidad Adolfo Ibañez, Santiago de Chile, S.A.
(August 2012, June 2013, August 2014, August 2015, August 2016) (4 hour public
lecture with discussion and questions in Spanish).
Presenter, Policing and the Clash of Masculinities, Law & Society Association Annual
Meeting, New Orleans, LA (June 2016).
Moderator and Discussant, Discrimination at Work, Law & Society Association Annual
Meeting, New Orleans, LA (June 2016).
Moderator and Discussant, Hostile Institutions? Gendered Violence in Prisons,
Education, Housing, and the Military, Law & Society Association Annual Meeting, New
Orleans, LA (June 2016).
Moderator and Presenter, The ADA: Possible Remedy to Police Use of Force against
Persons with Mental Disabilities?, Beating Mental Illness: A Dialogue on Race, Gender
and Disability Stereotypes in Use of Force Cases, University of Southern California Saks
Institute for Mental Health Law, Policy, and Ethics, USC School of Social Work, USC
Dornslife Gender Studies, Jesse M. Unruh Institute of Politics and Prism, USC Initiative
for the Study of Race, Gender, Sexuality and the Law, at USC Gould School of Law
(April 2016).
Presenter, Tendencias actuales en el derecho de daños estadounidense (“Contemporary
Trends in American Tort Law”), Congreso Internacional sobre el Derecho de Daños,
Daño, Responsabilidad y Seguro, (March 2016, Madrid, Spain).
11
Presenter, Borgata Babes: Gender Neutrality in Sexualized Employment? AALS Joint
Program of Employment Discrimination Law, Islamic Law, Minority Groups, and
Women in Legal Education Sections, AALS Annual Meeting, New York, NY (January
2016).
Presenter, Closing Plenary, The U.S. Feminist Judgments Project: Collaboration as a
Feminist Model for Creative Scholarship, Joint Scholars & Scholarship Workshop on
Feminist Jurisprudence, Fordham University School of Law, New York, NY (January
2016).
Presenter, Policing and the Clash of Masculinities, Drexel University Thomas R. Kline
School of Law, Philadelphia, PA (November 2015).
Presenter, Policing and the Clash of Masculinities, UNLV Boyd School of Law Faculty
Enrichment Series, Las Vegas, NV (October 2015).
Moderator, Conference on Magistrate Judges and the Transformation of the Federal
Judiciary, Panel: Article I Judges in an Article III World: The Background and Attributes
of U.S. Magistrate Judges, Las Vegas, NV (September 2015).
Presenter, Disability Law Obligations of Health Care Providers and Medical Institutions,
Touro Medical School, Las Vegas, NV (September 2015).
Presenter and Moderator, Through a Different Lens: Perspectives on Masculinity and
Title VII—Bullying Masculinities, AALS Midyear Meeting: Workshop on Next
Generation Issues of Sex, Gender, and the Law, Orlando, FL (June 2015).
Presenter, The ADA: Twenty-Five Years at Work, 32nd Annual Warns-Render Labor and
Employment Law Institute, University of Louisville Brandeis School of Law, Louisville,
KY (June 2015).
Discussant, Gender Violence and Institutions, Law & Society Association Annual
Meeting, Seattle, WA (May 2015).
Presenter, Feminist Judgments Project – Oncale revised opinion, Law & Society
Association Annual Meeting, Seattle, WA (May 2015).
Presenter, We Are All Contingent: Defeating Vulnerability of Low-Wage Workers, Law &
Society Association Annual Meeting, Seattle, WA (May 2015).
Presenter, Disability Law Governing Medical Institutions: Employment: Accommodations
and Education, Continuing Medical Education, University of Nevada School of
Medicine, Las Vegas, NV (May 2015).
Presenter, Bullying Masculinities, University of Baltimore Eighth Annual Feminist Legal
Theory Conference: Applied Feminism and Work, Baltimore, MD (March 2015).
12
Invited Participant, Northwestern University Searle Center on Law, Regulation and
Economic Growth, Chicago, IL (Research Roundtable on Women in the Workplace –
Perspectives from the Academy and the Corporate World – March 2015).
Presenter, We Are All Contingent: Defeating Vulnerability of Low-Wage Workers, Class
Crits Conference, Poverty, Precarity, & Work: Struggle & Solidarity in an Era of
Permanent(?) Crisis, University of California, Davis, Davis, CA (November 2014).
Presenter, We Are All Contingent: Defeating Vulnerability in the U.S. Workforce, Tulane
University Law School Forum on the Future of Law and Inequality, Tulane University
Law School, New Orleans, LA (November 2014).
Presenter, Teaching Disability Law for Social Justice, Society of American Law
Teachers’ Teaching Conference, University of Nevada, Las Vegas Boyd School of Law,
Las Vegas, NV (October 2014).
Commentator, Society of American Law Teachers’ Teaching Conference, University of
Nevada, Las Vegas Boyd School of Law, Las Vegas, NV (October 2014).
Presenter, We Are All Contingent: Defeating Vulnerability of Low-Wage Workers,
Colloquium of Scholars in Employment and Labor Law, University of Colorado Law
School, Boulder, CO (September 2014).
Presenter, We Are All Contingent: Institutionalizing Vulnerability of Low-Wage Workers,
Martha Fineman’s Workshop on Vulnerability and Work, Emory University Law School,
Atlanta, GA (April 2014).
Presenter, Masculinity, Labor and Sexual Power, Panel on Gender, Class, Poverty and
Power, Law & Society Annual Meeting, Boston, MA (May 2013).
Chair and Discussant, Panel on Learning from Men’s Experiences and Representations of
Masculinity, Law & Society Annual Meeting, Boston, MA (May 2013).
Author, Author Meets Reader Session on Masculinities and the Law: A Multidimensional
Approach (with Frank Rudy Cooper), Law & Society Annual Meeting, Boston, MA
(May 2013).
Lecturer, The End of Men: Myth or Reality?, UNLV University Forum Lecture Series,
Las Vegas, NV (March 2013).
Presenter, Ann Scales and Masculinities Theory, On Having Fun & Raising Hell:
Symposium Honoring the Work of Professor Ann Scales, University of Denver Sturm
College of Law, Denver, CO (March 2013) (with Frank Rudy Cooper).
13
Presenter, Masculine Law Firms, Symposium on Minding the Gap, Florida International
Law School, Miami, FL (March 2013).
Presenter, What’s Masculinity Got to Do with It?: Gender, Pop Culture, and Law, UNLV
Boyd School of Law, Las Vegas, NV (January 2013) (with Frank Rudy Cooper).
Presenter, Association of American Law Schools, Section on Labor Relations and
Employment Law, Contingent Work in the Global Era, New Orleans, LA (January 2013).
Presenter, Association of American Law Schools, Section on Socio-Economics, Panel on
The End of Men? A Socio-Economic Examination of Women’s Advances in Education,
Employment and Family, Masculinity, Labor and Sexual Power, New Orleans, LA
(January 2013).
Presenter, Masculinity, Labor and Sexual Power, Boston University Law School,
Conference on Evaluating Claims of the End of Men, Boston, MA (October 2012).
Presenter, What’s Masculinity Got to Do with It?: Gender, Pop Culture, and Law, Seattle
University Law School, Influential Voices Speakers Series, Seattle, WA (October 2012)
(with Frank Rudy Cooper).
Presenter, Because of Sex, Seventh Annual Labor and Employment Scholars’
Colloquium, Northwestern University School of Law, Chicago, IL (September 2012).
Visiting Professor of Law, La Ley del Acoso Sexual en Los Estados Unidos, Universidad
Adolfo Ibañez, Santiago de Chile (August 2012).
Panelist, Panel on Law and Manliness, Feminist Theory Meets Masculinities Theory,
Southeastern Association of Law Schools, Amelia Island, FL (August 2012) (with
Nancy E. Dowd and Nancy Levit).
Discussant, Discussion Group on Contemporary Issues on Gender and the Law,
Southeastern Association of Law Schools, Amelia Island, FL (August 2012).
Visiting Professor of Law, University of Insubria, Como, Italy (July 2010, 2011, 2012,
2013).
Commentator, Author Meets Reader, RUBEN J. GARCIA, MARGINAL WORKERS: HOW
LEGAL FAULT LINES DIVIDE WORKERS AND LEAVE THEM WITHOUT PROTECTION, Law and
Society Association Annual Meeting, Honolulu, HI (June 2012).
Commentator, Feminist Legal Theory CRN, Law and Society Association Annual
Meeting, Susan Stiritz, Hooking Up as a Neoliberal Practice (June 2012).
14
Presenter, Because of Sex, Law and Society Association Annual Meeting, Panel on
Gender from a Multidimensional Perspective: Masculinities Theories and Law,
Honolulu, HI (June 2012).
Presenter, Cognitive Illiberalism, Summary Judgment and Title VII, New York Law
School Law Review and The Employee Rights Advocacy Institute For Law & Policy:
Trial by Jury or Trial by Motion? Summary Judgment, Iqbal and Employment
Discrimination, New York Law School, New York, NY (April 2012).
Presenter, Trouble in Sin City: Protecting Sexy Workers’ Civil Rights, Symposium of
STANFORD LAW AND POLICY REVIEW, Palo Alto, CA (April 2012).
Presenter, Reasonable Men, University of San Diego Law School Faculty Colloquium,
San Diego, CA (March 2012).
Presenter: Beyond the Water Cooler: Speech and the Workplace in an Era of Social
Media, Symposium on Democracy and the Workplace, William S. Boyd School of Law,
UNLV, Las Vegas, NV (February 2012) (with Ryan P. McGinley-Stempel).
Presenter, Reasonable Men, Feminist Legal Theory Collaborative Research Network,
AALS 2012 Annual Meeting, Panel on Deconstructing Masculinities (January 2012).
Presenter, Reasonable Men, Asking “The Man Question:” A Workshop on Contemporary
Masculinities, University of Florida Levin College of Law, Gainesville, FL (November
2011).
Presenter, Faculty Enrichment Colloquium, Reasonable Men, Suffolk University Law
School, Boston, MA (October 2011).
Presenter, Reasonable Men, Sixth Annual Employment and Labor Law Scholars’
Colloquium, Los Angeles, CA (September 2011).
Presenter, Reasonable Men, Law & Society Annual Meeting, San Francisco, CA (June
2011).
Chair, Panelist and Discussant, Association for the Study of Law, Culture and the
Humanities, Shifting Lenses, William S. Boyd School of Law, Las Vegas, NV (March
2011).
Panelist, American Men’s Studies Association, Panel on Feminist Theory Meets
Masculinities Theory, University of Missouri-Kansas City, Kansas City, MO (March
2011).
Panelist, Multidimensional Masculinities and Law: A Colloquium, Panel on Feminist
Theory Meets Masculinities Theory, William S. Boyd School of Law, Las Vegas, NV
(February 2011).
15
Lunch speaker, Multidimensional Masculinities and Law: A Colloquium. Where Does the
Emerging Discipline Go from Here? William S. Boyd School of Law, Las Vegas, NV
(February 2011) (with Frank Rudy Cooper).
Senior Scholar, Employment Law Forum Seton Hall School of Law, Newark, NJ
(October 2010).
Presenter and Panelist, Ricci v. DeStefano: A Masculinities Analysis, Fifth Annual Labor
and Employment Law Scholars’ Colloquium, Panel on Separate Silos: Feminist Theory,
Masculinity Theory and Sex Segregation in Employment, Washington University School
of Law/St. Louis University School of Law, MO (September 2010).
Presenter and Panelist, Gender, Race and Class on the Campaign Trail and Beyond,
Third National People of Color Conference, Panel on Post-Racialism Pre & Post-Obama
Election, Seton Hall Law School, Newark, NJ (September 2010).
Presenter, Ricci v. DeStefano: A Masculinities Analysis, Panel on Masculinities, Law,
and the Workplace, HARVARD JOURNAL OF LAW AND GENDER, Symposium on
“Reconstructing Masculinities,” Harvard Law School, Cambridge, MA (March 2010).
Presenter, What’s the Score, Girls, Women, Sexuality and Sports, UNLV Women’s
History Month, UNLV Law, Women’s Studies, History and Physical Education
Departments Interdisciplinary Panel, Las Vegas, NV (March 2010).
Presenter, Ricci v. DeStefano: A Masculinities Analysis, UCLA, Critical Race Theory
Conference on Intersectionality, Los Angeles, CA (March 2010).
Presenter, Ricci v. DeStefano: A Masculinities Analysis, Panel on Masculinities Theory
and Feminism, University of Baltimore School of Law Center on Applied Feminism
Conference, Baltimore, MD (March 2010).
Presenter, The (Relative) Unimportance of Caselaw (with Tracey George and Mitu
Gulati), UNLV Boyd School of Law, Faculty Forum, Las Vegas, NV (February 2010).
Presenter, Masculinities and Disparate Impacts, Fourteenth Annual LatCrit Conference,
Washington, D.C. (October 2009).
Presenter and Participant, The (Relative) Unimportance of Caselaw (with Mitu Gulati),
Searle Center on Law Regulation and Economic Events and Northwestern Law School
Conference on Political Science and Law, Chicago, IL (September 2009).
Presenter, Masculinities and Disparate Impacts, Fourth Annual Labor and Employment
Law Scholars’ Colloquium, Seton Hall Law School, Newark, NJ (September 2009).
16
Presenter and Participant, Masculinities and Disparate Impacts, Feminism and Legal
Theory Project on Masculinities and the Law, Emory University, Atlanta, GA (September
2009).
Presenter, ADA Amendments Act of 2008, 26th Annual Carl A. Warns, Jr. Labor and
Employment Law Institute, University of Louisville, Brandeis School of Law, Louisville,
KY (June 2009).
Panelist and Presenter, The Content of Employment Law Courses, AALS Midyear
Workshop on Employment and Labor Law, Long Beach, CA (June 2009).
Presenter, Erasing Boundaries: Masculinities, Sexual Minorities and Employment
Discrimination, Law & Society Annual Meeting, Denver, CO (May 2009).
Presenter, Third Annual Labor and Employment Law Scholars’ Colloquium,
Reproducing Gender on Law School Faculties, San Diego, CA (October 2008).
Panel Chair & Moderator, Workshop on Cutting Edge Legal Theory: Jurisprudence in
Context, Masculinities Theory and Legal Interpretation, Southeastern Association of
Law Schools Annual Meeting, Palm Beach, FL (August 2008).
Presenter, Creating Masculine Identities: Bullying and Harassment Because of Sex,
Workshop on Cutting Edge Legal Theory: Jurisprudence in Context, Masculinities
Theory and Legal Interpretation, Southeastern Association of Law Schools Annual
Meeting, Palm Beach, FL (August 2008).
Presenter, Washington University School of Law Faculty Forum, Reproducing Gender on
Law School Faculties, St. Louis, MO (April 2008).
Presenter, Washington University, Association of Women Faculty, Reproducing Gender
in Academia: A Discussion about Inequalities, St. Louis, MO (April 2008).
Visiting Scholar, The 2008 Littler Mendelson Employment and Labor Law Speaker
Series, Cleveland-Marshall College of Law, Masculinities, Gender Identity and
Harassment at Work, Cleveland OH (March 2008).
Presenter, Panel “Rise of the Pink Collars: Women in the Legal Academy,” Reproducing
Gender on Law School Faculties, 2008 AALS Annual Meeting, New York, NY (January
2008).
Moderator, Women and the Law Workshop, 2008 AALS Annual Meeting, Plenary
Session, New York, NY (January 2008).
Moderator, Women and Law Workshop, 2008 AALS Annual Meeting, Panel on
Criminalization, New York, NY (January 2008).
17
Presenter, William S. Boyd School of Law Faculty Forum, Reproducing Gender on Law
School Faculties, Las Vegas, NV (October 2007).
Presenter, Second Annual Labor and Employment Law Scholars’ Colloquium, Creating
Masculine Identities: Bullying and Harassment “Because of Sex,” Denver, CO
(September 2007).
Discussant, Panel, The Decline of Public Adjudication, Law and Society International
Conference, Berlin, Germany (July 2007).
Presenter, Panel, Normative Constructions at Work, Creating Masculine Identities:
Bullying and Harassment “Because of Sex,” Law and Society International Conference,
Berlin, Germany (July 2007).
Keynote Speaker, Gender Theory, Legal Writing and Subordination, Rocky Mountain
Legal Writing Conference, Las Vegas, NV (March 2007).
Presenter, Selling Sex and Employment in Las Vegas, LATCRIT XI Annual Conference,
Las Vegas, NV (October 2006).
Presenter, Babes and Beefcake: Exclusive Hiring Arrangements and Sexy Dress Codes,
Symposium on Makeup, Identity Performance and Discrimination, DUKE JOURNAL OF
GENDER, LAW AND POLICY, Durham, NC (October 2006).
Presenter, The Sex Industry in Nevada, American Association of Law Libraries, 2006
Western Pacific Annual Meeting, Las Vegas, NV (September 2006).
Presenter, Customer Harassment of Sex(y) Workers, Women’s Research Institute of
Nevada, Forum Series, Las Vegas, NV (April 2006).
Presenter, Sexual Harassment of Sex(y) Workers, YALE JOURNAL OF LAW & FEMINISM,
Symposium on Sex for Sale, New Haven, CT (February 2006).
Presenter: Customer Harassment: Masculinities in Highly Sexualized Environments, The
Pennsylvania State University Dickenson School of Law, Carlisle, PA (December 2005).
Presenter: Customer Harassment: Masculinities in Highly Sexualized Environments,
University of Goettingen, Germany (November 2005).
Commentator, Roundtable: Integrating Gender into Legal Education: Transforming
Women’s Status, Law & Society Annual Conference, Las Vegas, NV (June 2005).
Commentator, Roundtable: New Perspectives on Summary Judgment, Law & Society
Annual Conference, Las Vegas, NV (June 2005).
18
Presenter and Session Chair: The Gendered Workplace: Dreams, Dangers, Stakes,
Customer Harassment: Masculinities in a Sexualized Environment, Law & Society
Annual Conference, Las Vegas, NV (June 2005).
Presenter, Masculinities at Work, University of Nevada, Las Vegas, William S. Boyd
School of Law, Faculty Forum, Las Vegas, NV (February 2005).
Moderator, Symposium on Civil Rights and the West, Panel on Gender Issues, UNLV
Boyd School of Law, Las Vegas, NV (February 2004).
Lecturer, Agency, Employment and Employment Discrimination Law, LAW, REGULATION
AND ETHICS, University of Nevada, Las Vegas, Executive MBA Program (August 2004;
August 2003).
Presenter, Advocating Enterprise Liability for Medical Malpractice, Symposium on
Medical Malpractice and Construction Defect Litigation, William S. Boyd School of
Law, Las Vegas, NV (April 2003).
Presenter, Toward A Universal Harassment Law, William S. Boyd School of Law, Las
Vegas, NV (April 2001).
Presenter, Democracy at Work, University of Missouri Law School, Columbia, MO
(October 2000).
Presenter, Democracy at Work, William S. Boyd School of Law, Las Vegas, NV
(October 2000).
Presenter, Panel on the Impact of Procedures on Women, Law and Society Association,
Miami, FL (May 2000).
Presenter, “Emerging Issues in Sexual Harassment Law,” sponsored by Women’s
Studies Department, University of Nevada, Las Vegas, NV (March 2000).
Presenter, “The Future of Affirmative Action,” Law and Society Annual Conference,
Chicago, IL (May 1999).
Presenter, “The Future of Affirmative Action,” Florida State University Law and
Sociology Forum, Tallahassee, FL (October 1998).
Presenter, “Lies and Stereotypes: Conflicting Notions of Intent in Employment
Discrimination Law,” Florida State University Law and Sociology Forum, Tallahassee,
FL (April 1998).
Presenter, “The Meaning of Intent in Employment Discrimination Law,” Faculty
Presentation to Florida State College of Law Faculty, Tallahassee, FL (October 1996).
19
Panelist, Association of American Law Schools Conference on Clinical Education,
Miami, FL (May 1996).
Other Presentations
Lecturer, Gender Inequality, Osher Lifelong Learning Institute (OLLI), University of
Nevada, Las Vegas, (November 2015) (one hour and 45 minute lecture on the
inequalities of gender in the workplace and society for group of elder learners).
Lecturer, The End of Men: Myth or Reality, Osher Lifelong Learning Institute (OLLI),
University of Nevada, Las Vegas, (November 2014) (two and one-half hour lecture on
law, men, and masculinity for group of elder learners).
How Notions of Masculinity Affect Law and Black Culture, UNLV Boyd School of Law,
Black Law Students’ Association, Black History Month (February 2014).
Richie Incognito, Jonathan Martin and the Miami Dolphins, UNLV Boyd School of Law,
“Whaddup Wednesday” (October 2013).
Faculty Climate Workshop on Employment Issues, UNLV College of Science,
Department of Mathematics, Las Vegas, NV (three hour workshop) (March 2013).
Presenter, Student Conference of the American Bar Association, Panel on Sexual
Minorities, Employment Law and Sexual Minorities, William S. Boyd School of Law,
University of Nevada, Las Vegas, NV (February 2013).
Faculty Climate Workshop on Employment Issues, UNLV College of Science,
Department of Life Sciences, Las Vegas, NV (three hour workshop) (November 2012).
Presenter, Hot Topics in Employment Law, State Bar of Nevada CLE Seminar, William
S. Boyd School of Law, University of Nevada, Las Vegas, NV (October 2010).
Speaker, United States Equal Employment Opportunity Commission 2009 Technical
Assistance Program Seminar, What Stays in Vegas: Does it Lead to Sexual Harassment?
Las Vegas, NV (November 2009).
Presenter, El Paso Bar Association, Employment Law 2008 Update, Las Vegas, NV
(February 2008).
Presenter, State Bar of Nevada, CLE Labor and Employment Law Seminar, 2006-2007
Federal and State Update, Las Vegas, NV (October 2007).
Presenter, State Bar of Nevada CLE Labor & Employment Law Seminar, The Roberts’
Court and 2005-06 Ninth Circuit Update, Las Vegas, NV (October 2006).
20
Presenter, “The State of Employment Discrimination in Nevada,” United States
Commission on Civil Rights, Nevada Advisory Committee Hearing (May 2006).
Moderator: Panel on Employment Law: “I’ll Meet You in Court,” Southern Nevada
Human Resource Association (December 2005).
Presenter: State Bar of Nevada CLE Seminar on Working the Employment Case: Intake
to Judgment, “Hot Topics and Issues in Employment Law” (October 2005).
Commentator, Panel on Legal Issues in Employment, Southern Nevada Human Resource
Association (SNHRA), Las Vegas, NV (January 2004).
Presenter and Moderator, Sexual Harassment and the Schools, Lorman Education
Institute, Las Vegas, NV (February 2003).
Moderator, Panel on Gaming and Employment Relationships, American Gaming
Institute, Las Vegas, NV (January 2003).
Presenter, Issues in Employment Law, Employment Law Roundtable, Las Vegas, NV,
(August 2002).
Presenter, First Amendment Issues and Employment Law, panel on Cyberspace and First
Amendment Law, State Bar of Nevada, San Francisco, CA (June 2000).
Presenter, “Hot Topics in Sexual Harassment Law,” Clark County Bar Association,
Labor and Employment Law Section, Las Vegas, NV (April 2000).
Presenter, “Emerging Issues in Sexual Harassment Law,” sponsored by the Organization
of Women Law Students, William S. Boyd School of Law, University of Nevada, Las
Vegas, NV (April 2000).
Presenter, “Current Developments in Employment Discrimination Law,” Florida Bar
Association Annual Meeting (June 1999).
Presenter, “Sexual Harassment Law,” Tallahassee Women Lawyers’ Conference,
Tallahassee, FL (May 1999).
Presenter, “Title I of the Americans with Disabilities Act: Has It Fulfilled Its Promise?,”
Florida Disability Rights Conference, Tallahassee, FL (February 1998).
Participant, The Medical Institute for Law Faculty, Cleveland Marshall College of Law,
in conjunction with the Cleveland Clinic, Cleveland, OH (June 1994). (Intensive 10-day
course on medicine, health care law, and bioethics. Participants selected by application.)
Citations to my articles as of November 10, 2016:
21
Law Reviews & Journals – Westlaw & Lexis
*Westlaw total (including acknowledgments & articles you authored): 847
*Westlaw total (minus articles you authored, but still including acknowledgments): 808
*Lexis total (including acknowledgments & articles you authored): 815
*Lexis total (minus articles you authored and acknowledgments): 618
SSRN download highlights
*SSRN total downloads among 16 papers: 3,504
* Hillary Clinton, Sarah Palin, and Michelle Obama: Performing Gender, Race, and
Class on the Campaign Trail: downloads on SSRN: 1,673
UNLV Law Scholarly Commons download highlights:
*The most downloaded article of all time in the Scholarly Commons @ UNLV Law is
Hillary Clinton, Sarah Palin, and Michelle Obama: Performing Gender, Race, and Class
on the Campaign Trail:
• 6,716 total downloads.
• Downloaded in 78 countries.
• Citation in New York Times editorial led to 116 downloads and its best month yet.
See Thomas B. Edsall, College Men for Trump, N.Y. Times, July 14, 2016,
http://www.nytimes.com/2016/07/14/opinion/campaign-stops/college-men-fortrump.html.
• July 2016 was its best month, with 323 downloads; October 2016 was its second
best month, with 300 downloads; November 2016 is on pace to beat both of these.
• Very popular in the Netherlands; the University of Amsterdam is responsible for
the second most downloads by an institution of higher learning (first place:
Wichita state). There are more downloads from the University of Amsterdam
than from the NSHE system.
• For comparison, this article has been downloaded 1,673 times from SSRN.
• 40 total articles by Ann McGinley in the Scholarly Commons = 24,342
downloads total.
• 6 of the articles have over 1,000 downloads.
Case Citations -- 9 cases:
*Gossett v. Tractor Supply Co., Inc., 320 S.W.3d 777 (Tenn. 2010) (citing Credulous
Courts and the Tortured Trilogy: The Improper Use of Summary Judgment in Title VII
and ADEA Cases, 34 B.C. L.Rev. 203, 244–45 (1993))
*Feldman v. Hunterdon Radiological Associates, 901 A.2d 322 (N.J. 2006)
(citing Functionality or Formalism? Partners and Shareholders as “Employees” Under
the Anti–Discrimination Laws, 57 SMU L.Rev. 3, 60–61 (2004)).
*Mahan v. Arctic Catering, Inc., 133 P.3d 655 (Alaska 2006) (citing Credulous Courts
and the Tortured Trilogy: The Improper Use of Summary Judgment in Title VII and
ADEA Cases, 34 B.C. L.Rev. 203, 208 (1993)).
22
*Stanley v. Hancock County Com'rs, 864 A.2d 169 (Maine 2004) (citing Credulous
Courts and the Tortured Trilogy: The Improper Use of Summary Judgment in Title VII
and ADEA Cases, 34 B.C. L. REV. 203, 208 (1993)).
*DeLaria v. Am. Gen. Fin., 998 F. Supp. 1050 (S.D. Iowa 1998) (citing Credulous
Courts and the Tortured Trilogy: The Improper Use of Summary Judgment in Title VII
and ADEA Cases, 34 B.C.L. Rev. 203 (1993)).
*Martin v. GE Co., 891 F. Supp. 1052 (E.D. Pa. 1995) (citing Credulous Courts and the
Tortured Trilogy: Use of Summary Judgment in Title VII and ADEA Cases, 34 B.C. L.
Rev. 203, 242 (1993)).
*Goodman v. Heitman Fin. Servs., 894 F. Supp. 1166, 1170 (N.D. Ill. 1995) ( Credulous
Courts and the Tortured Trilogy: The Improper Use of Summary Judgment in Title VII
and ADEA Cases, 34 B.C. L. Rev. 203, 215 n.45 (1993)).
*Lumpkin v. Brown, 898 F. Supp. 1263 (N.D. Ill. 1995) (citing Credulous Courts and the
Tortured Trilogy: The Improper Use of Summary Judgment in Title VII and ADEA
cases, 34 B.C. L. Rev. 203, 213 n.37 and 219 n.63 (1993)).
*Nicosia v. Wakefern Food Corp., 643 A.2d 554 (N.J. 1994) (citing Reinventing Reality:
The Impermissible Intrusion of After-Acquired Evidence in Title VII
Litigation, 26 Conn.L.Rev. 145, 147 n. 10 (1993)).
Administrative Agency Action Citation
1. PIM (Professional Insurance Management) v. Ohio Casualty Ins. Co. & Harleysville Ins.
Cos., 2003 N.J. AGEN LEXIS 582, Agency Dkt. No. UC01-3 (N.J. Office of
Administrative Law, Oct. 7, 2003) (citing Ann C. McGinley, Reinventing Reality: The
Impermissible Intrusion of After-Acquired Evidence in Title VII Litigation, 26 Conn. L.
Rev. 145, 147 n.10 (1993).).
Court Brief Citations (Both Trial & Appellate Courts)– 71 Briefs
1. BRIEF OF AMICUS CURIAE ALABAMA RETAIL ASSOCIATION IN SUPPORT OF
RESPONDENT SANDERSON PLUMBING PRODUCTS, INC., Reeves v. Sanderson
Plumbing Products, 2000 U.S. S. Ct. Briefs LEXIS 90 (U.S. Feb. 7, 2000) (citing
Credulous Courts)
2. Brief of Petitioner, REEVES v. SANDERSON PLUMBING PRODS., 2000 U.S. S. Ct.
Briefs LEXIS 17 (U.S. Jan. 7, 2000) (citing Credulous Courts)
3. Reply Brief of Petitioner, REEVES v. SANDERSON PLUMBING PRODS., 2000 U.S.
S. Ct. Briefs LEXIS 183 (U.S. Mar. 6, 2000) (citing Credulous Courts)
4. PETITION FOR WRIT OF CERTIORARI, SHEA v. KERRY, 2015 U.S. S. Ct. Briefs
LEXIS 4490 (U.S. Dec. 7, 2015) (citing The Emerging Cronyism Defense and
Affirmative Action)
23
5. REPLY BRIEF IN SUPPORT OF PETITION FOR WRIT OF CERTIORARI, SHEA v.
KERRY, 2016 U.S. S. Ct. Briefs LEXIS 1343 (U.S. Mar. 23, 2016) (citing The Emerging
Cronyism Defense and Affirmative Action)
6. On Petition for a Writ of Certiorari to the Supreme Court of Montana, BIG SKY
COLONY, INC. v. MONTANA DEP'T OF LABOR & INDUS., 2013 U.S. S. Ct. Briefs
LEXIS 2214 (U.S. Mar. 2, 2013) (citing Viva La Evolucion!)
7. Brief of Amici Curiae the National Hispanic Christian Leadership Conference et al., Big
Sky Colony, Inc. v. Montana Dep’t of Labor & Indus., 2013 WL 1883805 (U.S. May 2,
2013) (citing Viva La Evolucion!).
8. PETITION FOR WRIT OF CERTIORARI, ALOMARI v. OHIO DEP'T OF PUB.
SAFETY, 2016 U.S. S. Ct. Briefs LEXIS 181 (U.S. Jan. 11, 2016) (citing Credulous
Courts and the Tortured Trilogy)
9. PETITION FOR WRIT OF CERTIORARI, ASGHAR OSCAR SAFARI v. COOPER
WIRING DEVISES, INC., 2013 U.S. S. Ct. Briefs LEXIS 4295 (U.S. Oct. 17, 2013)
(citing Credulous Courts).
10. PETITION FOR WRIT OF CERTIORARI, KELLER v. CROWN CORK & SEAL USA,
INC., 2012 U.S. S. Ct. Briefs LEXIS 5523 (U.S. Dec. 26, 2012) (citing Credulous
Courts).
11. PETITION FOR WRIT OF CERTIORARI, RODRIQUEZ v. CITY OF NEW YORK,
2013 U.S. S. Ct. Briefs LEXIS 1648 (U.S. Mar. 21, 2013) (citing Credulous Courts).
12. PETITION FOR WRIT OF CERTIORARI, ROSEBROUGH v. BUCKEYE VALLEY
HIGH SCH., 2015 U.S. S. Ct. Briefs LEXIS 1646 (U.S. Apr. 24, 2015) (citing Credulous
Courts).
13. PETITION FOR WRIT OF CERTIORARI, DESIA v. GE LIFE & ANNUITY ASSUR.
CO., 2010 U.S. S. Ct. Briefs LEXIS 2494 (U.S. Apr. 12, 2010) (citing Credulous
Courts).
14. PETITION FOR WRIT OF CERTIORARI, HOLLAND v. WASHINGTON HOMES,
INC., 2007 U.S. S. Ct. Briefs LEXIS 3222 (U.S. Nov. 13, 2007) (citing Credulous
Courts).
15. Brief of Appellant Kelsey R. Wood, Wood v. Technology for Energy Corp., (6th Cir.
Aug. 4, 2015) (citing Credulous Courts).
16. Reply Brief of Appellant Kelsey R. Wood, Wood v. Technology for Energy Corp., (6th
Cir. Sept. 10, 2015) (citing Credulous Courts).
17. PETITION FOR WRIT OF CERTIORARI, DROZ v. MCCADDEN, 2010 U.S. S. Ct.
Briefs LEXIS 802 (U.S. Feb. 1, 2010) (citing Credulous Courts).
18. PETITION FOR WRIT OF CERTIORARI, ESTATE OF TUCKER v. INTERSCOPE
RECORDS, INC., 2008 U.S. S. Ct. Briefs LEXIS 3201 (U.S. June 17, 2008) (citing
Credulous Courts).
19. PETITION FOR WRIT OF CERTIORARI, JACKSON v. UPS, 2011 U.S. S. Ct. Briefs
LEXIS 2561 (U.S. Nov. 14, 2011) (citing Credulous Courts).
20. PETITION FOR WRIT OF CERTIORARI, ROE v. CITY OF WATERBURY & PHILIP
GIORDANO, 2009 U.S. S. Ct. Briefs LEXIS 1434 (U.S. May 15, 2009) (citing
Credulous Courts).
21. PETITION FOR WRIT OF CERTIORARI, KIDWELL v. EISENHAUER, 2012 U.S. S.
Ct. Briefs LEXIS 3515 (U.S. Aug. 17, 2012) (citing Credulous Courts).
24
22. PETITION FOR WRIT OF CERTIORARI, MILIONE v. CITY UNIV. OF N.Y., 2014
U.S. S. Ct. Briefs LEXIS 3800 (U.S. Oct. 27, 2014) (citing Credulous Courts).
23. Plaintiff's Motion to Set Aside, Vacate, Alter, and/or Amend the Judgment Entered on
July 1, 2010, ROLL v. GREEN, 2010 U.S. Dist. Ct. Motions LEXIS 31708 (W.D. Ky.
July 29, 2010) (citing Credulous Courts).
24. Plaintiff's Reply Memorandum in Further Support of Motion to Set Aside, Vacate, Alter,
and/or Amend the Judgment Entered on July 1, 2010, ROLL v. GREEN, 2010 U.S. Dist.
Ct. Motions LEXIS 31710 (W.D. Ky. Aug. 22, 2010) (citing Credulous Courts).
25. Brief on Behalf of Plaintiff-Appellant, Roll v. Bowling Green Metalforming, LLC, 2010
WL 6553936 (6th Cir. Nov. 9, 2010) (citing Credulous Courts).
26. Plaintiff’s Memorandum in Opposition to Defendant’s Motion for Summary Judgment,
HEMSWORTH v. QUOTESMITH, 2005 U.S. Dist. Ct. Motions LEXIS 43317 (N.D. Ill.
Oct. 21, 2005) (citing Credulous Courts).
27. Reply Brief, Abraham v. Abington Friends Sch., 2006 WL 6209253 (3d Cir. Nov. 16,
2006) (citing Credulous Courts).
28. Amended Reply Brief, Abraham v. Abington Friends Sch., 2006 U.S. 3rd Cir. Briefs
LEXIS 1407 (3d Cir. Dec. 8, 2006) (citing Credulous Courts).
29. PETITION FOR WRIT OF CERTIORARI, JOHNSON v. GEORGE, 2009 U.S. S. Ct.
Briefs LEXIS 1388 (U.S. Apr. 27, 2009) (citing Credulous Courts).
30. PETITION FOR WRIT OF CERTIORARI, LEE v. POTTER, 2010 U.S. S. Ct. Briefs
LEXIS 1763 (U.S. May 3, 2010) (citing Credulous Courts).
31. PETITION FOR WRIT OF CERTIORARI, BENNETT v. WIRELESS, 2009 U.S. S. Ct.
Briefs LEXIS 2660 (U.S. July 30, 2009) (citing Credulous Courts).
32. Appellant’s Reply Brief, JACKSON v. LOS ANGELES UNIFIED SCH. DIST., 2011
CA App. Ct. Briefs LEXIS 3082 (Ca. Ct. App. May 31, 2011) (citing Credulous Courts).
33. Brief for Appellant, MILBY v. GREATER PHILADELPHIA HEALTH ACTION, INC.,
2008 U.S. 3rd Cir. Briefs LEXIS 1604 (3d Cir. July 28, 2008) (citing Credulous Courts).
34. Brief of Plaintiff-Appellant, Coles v. Donahoe, 2016 WL 5118470 (11th Cir. Sept. 19,
2016) (citing Credulous Courts).
35. Cross-Appellee / Cross-Appellant Bahman Hafezamini's Opening Brief, Dallas Roadster
v. Texas Capital Bank, 2016 WL 521467 (5th Cir. Feb. 8, 2016) (citing Credulous
Courts).
36. Brief of Amici Curiae American Civil Liberties Union Foundation Women's Rights
Project et al., Greene v. Buckeye Valley Fire District, 2013 WL 5616018 (9th Cir. Oct. 4,
2013) (citing Ricci v. DeStefano: A Masculinities Theory Analysis).
37. Brief of Appellant, Chambers v. Sodexo, Inc., 2012 WL 1965586 (5th Cir. May 29, 2012)
(citing Viva La Evolucion!).
38. Brief of the Appellant, Tyler v. University of Arkansas Board of Trustees, 2010 WL
1535966 (8th Cir. Apr. 9, 2010) (citing The Emerging Cronyism).
39. Petition for Writ of Certiorari, Mendia v. Hawker Beechcraft Corp., 2009 WL 1304727
(U.S. Mar. 17, 2009) (citing Credulous Courts).
40. Petition for Writ of Certiorari, Kreppein v. Crane, 2009 WL 420577 (U.S. Feb. 12, 2009)
(citing Credulous Courts).
41. Reply Brief of Plaintiffs-Appellants, Anderson v. United Parcel Service, 2007 WL
5232338 (11th Cir. July 30, 2007) (citing Credulous Courts).
25
42. Appellant’s / Cross-Appellee’s Reply Brief, Maynard v. Bonta, 2005 WL 4864479 (9th
Cir. Dec. 29, 2005) (citing Credulous Courts).
43. Petition for Writ of Certiorari, Luigino’s, Inc. v. IBP, Inc., 2003 WL 23717141 (U.S.
June 30, 2003) (citing Credulous Courts).
44. Brief in Reply of Appellant Dale Montross, Montross v. United Parcel Service, 2003 WL
23313402 (5th Cir. May 15, 2003) (citing Credulous Courts).
45. Petition for Writ of Certiorari, Harris v. Coca-Cola Bottling Co., 2001 WL 34116521
(U.S. Nov. 1, 2001) (citing Viva La Evolucion!)
46. Petition for Writ of Certiorari, Bigham v. Huffman, 2000 WL 33999277 (U.S. Aug. 24,
2000) (citing Credulous Courts).
47. Reply Brief of Appellant, Culley v. Trak Microwave Corporation, 2000 WL 34020679
(11th Cir. July 1, 2000) (citing Credulous Courts).
48. Brief of Appellant/Plaintiff, Tuvell v. Microsoft Corp., 2000 WL 35564218 (1st Cir. June
7, 2000) (citing Credulous Courts).
49. Brief of Plaintiffs-Appellants, Renee B. v. State of Florida, 2000 WL 33998418 (Fla.
June 1, 2000) (citing Protecting Basic Rights of Citizens).
50. Reply Brief for Petitioner, Stonier v. Digital Equipment Corporation, 2000 WL 34013982
(U.S. Apr. 14, 2000) (citing Credulous Courts).
51. Petition for Writ of Certiorari, Stonier v. Digital Equipment Corporation, 2000 WL
34013976 (U.S. Mar. 7, 2000) (citing Credulous Courts).
52. Brief of Appellant, Flores v. Widnall, 2000 WL 34029699 (5th Cir. Jan. 1, 2000) (citing
Credulous Courts).
53. Reply Brief of Appellant, Peters v. Feder, 1999 WL 34834080 (D.C. Cir. Dec. 6, 1999)
(citing Credulous Courts).
54. Petition for Writ of Certiorari, Ascarrunz v. Bechtel Power Corp., 1998 WL 34112293
(U.S. May 4, 1998) (citing Credulous Courts).
55. Brief for Appellant, Naval v. Dalton, 1997 WL 33617892 (4th Cir. Apr. 17, 1997) (citing
Credulous Courts).
56. Petition for Writ of Certiorari, Rennick v. Option Care, Inc., 1996 WL 33422080 (U.S.
July 15, 1996) (citing Credulous Courts).
57. Appellants Reply Brief, Walters v. United States Gypsum Company, 1994 WL 16453239
(Iowa Nov. 4, 1994) (citing Reinventing Reality).
58. Appellant’s Brief, Walters v. United States Gypsum Company, 1994 WL 16453237
(Iowa Nov. 4, 1994) (citing Reinventing Reality).
59. Petition for a Writ of Certiorari, Choate v. TRW, Inc., 1994 WL 16099678 (U.S. May 4,
1994) (citing Credulous Courts).
60. Brief of Appellant, White v. Rice, 1994 WL 16049601 (4th Cir. May 1, 1994) (citing
Credulous Courts).
61. Brief of Appellants Ronald Rennick et al., Rennick v. Option Care, Inc.., 1994 WL
16014974 (9th Cir. Feb. 28, 1994) (citing Credulous Courts).
62. Plaintiff’s Brief in Resistance to Defendants’ Motion for Summary Judgment, GrayFisher
v. Iowa, 2015 WL 5703411 (D. Iowa July 1, 2015) (citing Viva La Evolucion)
63. Plaintiff’s Motion to Alter and/or Amend Judgment, Bianca v. Independent School
District No. 1 of Tulsa County, 2013 WL 11288018 (N.D. Oklahoma. July 26, 2013)
(citing Credulous Courts).
64. Plaintiff’s Motion to Reconsider the Court’s Order Granting Defendant’s Motion in
26
Limine (Docket #145) Regarding Disparate Treatment, LOPEZ v. UNITED PARCEL
SERVICE GENERAL SERVICE CORPORATION, 2009 WL 4487066 (D. Nev. Feb.
27, 2009) (citing Viva La Evolucion!).
65. Plaintiff’s Trial Brief, LOPEZ v. UNITED PARCEL SERVICE GENERAL SERVICE
CORPORATION, 2009 WL 4487065 (D. Nev. Jan. 21, 2009) (citing Viva La
Evolucion!).
66. Plaintiff’s Reply Brief to Deny Defendant’s Reply Brief for Motions for Summary
Judgment, to Suppress Depositions, and Supporting Brief, ECHOLS v. SCOTLAND
COUNTY BOARD OF EDUCATION, 2006 WL 1792263 (M.D. North Carolina. May
04, 2006) (citing Credulous Courts).
67. Plaintiff’s Memorandum in Opposition to Defendant’s Motion for Summary Judgment,
HEMSWORTH v. QUOTESMITH.COM, 2005 WL 3286435 (N.D. Illinois, Eastern
Division, Oct. 21, 2005) (citing Credulous Courts).
68. Plaintiff Antonio Tatum’s Trial Brief, TATUM v. U.S. FOODSERVICE, INC., 2005 WL
3765477 (D. Nev. Feb. 11, 2005) (citing Viva La Evolucion!).
69. Scotty Cormier’s Opposttion to the Daubert Motions Filed By Eog Resources, Inc., Ocs,
Inc., and Rusty Petry, CORMIER, v. EOG RESOURCES, INC. 2002 WL 32651688
(W.D. La. Mar. 22, 2002) (citing Viva La Evolucion!).
70. Memorandum in Support of Motion for Summary Judgment of North American
Refractories Company, BOOTH v. OWENS-CORNING FIBERGLAS CORPORATION,
et al. (Civil District Court of Louisiana 2002 WL 34455696) (citing Credulous Courts).
71. Plaintiffs’ Memorandum of Law in Support of Their Motion for an Emergency
Temporary Injunction and/or a Temporary Injunction, NORTH FLORIDA WOMEN’S
HEALTH AND COUNSELING SERVICES, INC. v. STATE OF FLORIDA, et al.,
Defendants. Circuit Court of Florida., Second Judicial Circuit June 16, 1999 No. 99-
03202. 1999 WL 34985289 (citing Protecting Basic Rights of Citizens).
Book and Treatise Citations: At least 16 different titles.
1. DEBORAH L. BRAKE, GETTING IN THE GAME: TITLE IX AND THE WOMEN'S SPORTS
REVOLUTION (2010) (citing Masculinities at Work - Oregon Law Review article - 2004).
2. NANCY E. DOWD, THE MAN QUESTION: MALE SUBORDINATION AND PRIVILEGE (2010)
(citing Babes and Beefcake and Masculinities at Work articles).
3. THE OBAMA EFFECT, THE: MULTIDISCIPLINARY RENDERINGS OF THE 2008 CAMPAIGN
(Heather E. Harris et al. eds. 2010).
4. ELIMINATING HEALTHCARE DISPARITIES IN AMERICA: BEYOND THE IOM REPORT
(Richard Allen Williams ed., 2007).
5. STEMPEL AND KNUTSEN ON INSURANCE COVERAGE (2015).
6. THE GLOBAL OBAMA: CROSSROADS OF LEADERSHIP IN THE 21ST CENTURY (Dinesh
Sharma & Uwe P. Gielen eds., 2014).
7. EMPLOYMENT DISCRIMINATION STORIES (Joel Wm. Friedman ed., 2006).
8. MARK A. ROTHSTEIN ET AL., EMPLOYMENT LAW (5th ed. 2015).
9. CHRISTA TOBLER, INDIRECT DISCRIMINATION: A CASE STUDY INTO THE DEVELOPMENT
OF THE LEGAL CONCEPT OF INDIRECT DISCRIMINATION UNDER EC LAW (2005).
27
10. EDWARD BRUNET ET AL., SUMMARY JUDGMENT: FEDERAL LAW AND PRACTICE §
9:13 on “Title VII and other discrimination claims: issues of intent and credibility in a
civil rights summary judgment process dominated by burden shifting” (citing Credulous
Courts).
11. R. SCOTT DAVIES & GREGORY J. STENMOE, 1-3 BUSINESS TORTS § 3.10 (citing
Functionality or Formalism?) and § 3.03 - Model Employment Termination Act (citing
Rethinking Civil Rights and Employment at Will).
12. 11-56 MOORE'S FEDERAL PRACTICE - CIVIL § 56.51 (2015) – Pros and Cons of
Expanded Use of Summary Judgment AND §56.06 Summary Judgment Does Not
Violate Seventh Amendment Right to Jury Trial (Both cite Credulous Courts.)
13. HIRING AND FIRING IN MASSACHUSETTS § 33.2 (2007) -- City of Richmond v. J.A.
Croson Co.: Seven Factors (citing The Emerging Cronyism Defense and Affirmative
Action).
14. DRAFTING EMPLOYMENT DOCUMENTS IN MASSACHUSETTS § 2.5.2 (2015) -- What Is
or Should Be the Connection Between the Wrongdoer and the Person Providing the
Relief? AND § 2.5.7 -- What Will Be the Burden on Others? Is the Remedy Otherwise
Sufficiently Narrowly Tailored? (Both cite The Emerging Cronyism Defense and
Affirmative Action.)
15. 1-5 FEDERAL STANDARDS OF REVIEW § 5.05 (2015) -- Appropriateness in Specific
Applications (citing Credulous Courts).
16. 1-5 UNJUST DISMISSAL § 5.05 (2015) -- Proposed Model Employment Termination
Act (citing Rethinking Civil Rights and Employment at Will).
Also acknowledged in the following books:
1. DEVON W. CARBADO, MITU GULATI, ACTING WHITE?: RETHINKING RACE IN POSTRACIAL
AMERICA (2013).
2. DAVID F. HERR, ROGER S. HAYDOCK & JEFFREY W. STEMPEL, MOTION PRACTICE
(2016).
Legal News
1. Bradley T. Borden, A Win-Win Proposal for Analyzing Profits-Only Partnership
Interests, TAX NOTES, Oct. 6, 2008 (citing "Functionality of Formalism? Partners and
Shareholders as 'Employees' Under Anti- Discrimination Laws”).
CLE & Seminar Materials:
1. John F. Adkins, Affirmative Action, in DRAFTING EMPLOYMENT DOCUMENTS IN
MASSACHUSETTS (3d ed. 2015) (citing The Emerging Cronyism Defense).
2. John F. Adkins et al., Equal Opportunity and Affirmative Action Considerations, in
HIRING AND FIRING IN MASSACHUSETTS (2008) (citing The Emerging Cronyism
Defense).
Restatement (Tentative Draft) Citation:
*RESTATEMENT OF EMPLOYMENT LAW § 1.03 TENTATIVE DRAFT NO. 1 (Apr. 7, 2008) –
Owners as Principals Rather Than Employees. – Reporters’ Notes (citing Functionality
or Formalism?).
28
Citations Added by Westlaw/Lexis editors to Uniform Laws, Statutes, and Regulations
as Annotations – 8 separate publications:
1. UNIFORM LAW COMMISSIONERS’ MODEL EMPLOYMENT TERMINATION ACT 1991-- § 3.
Prohibited Terminations. Westlaw editors added citation to Rethinking civil rights and
employment at will among the relevant “Law Review and Journal Commentaries” for this
section.
2. FLA. STAT. §§ 760.10, 27.182, 27.5302, 28.34, 112.66, 175.333, 185.341, 255.101, 287.042,
287.057, 420.516, 641.406, 760.02, 760.23 & 760.60 -- Lexis Florida Annotated Statutes added
annotations under each statute to Revision 9: Protecting Basic Rights of Citizens.
3. UNITED STATES CODE ANNOTATED (WESTLAW):
-42 U.S.C.A. Ch. 21, Subch. VI, Refs & Annotations:
Creating masculine identities
Functionality or formalism?
-29 U.S.C.A. Ch. 14, Refs & Annotations:
Credulous courts
-5 U.S.C.A. § 1501
Reinventing reality
-42 U.S.C.A. §2000e.
Condescending contradictions
Reinventing reality
-42 U.S.C.A. §2000e-2
Reinventing reality
-42 U.S.C.A. §2000e-3
Reinventing reality
-42 U.S.C.A. §2000e-5
Reinventing reality
Rethinking civil rights and employment at will
-42 U.S.C.A. §12202
Rethinking civil rights and employment at will
-42 U.S.C.A. § 12111
Rethinking civil rights and employment at will
-42 U.S.C.A. § 12101
Rethinking civil rights and employment at will
-42 U.S.C.A. § 1988
Reinventing reality
-42 U.S.C.A. § 1981
Reinventing reality
-42 U.S.C.A. § 623
Rethinking civil rights and employment at will
-29 U.S.C.A. § 151
Reinventing reality
-29 U.S.C.A. § 158
Reinventing reality
-9 U.S.C.A. § 10
Rethinking civil rights and employment at will
29
4. FEDERAL RULES OF CIVIL PROCEDURE (WESTLAW)
-Rule 26
Reinventing reality
-Rule 56
Reinventing reality
5. FEDERAL RULES OF CRIMINAL PROCEDURE (WESTLAW)
-Rule 11
Reinventing reality
6. KENTUCKY REVISED STATUTES ANNOTATED (WESTLAW)
-KRS § 344.070
Rethinking Civil Rights and Employment at Will
-KRS §344.040
Rethinking Civil Rights and Employment at William S. Boyd School of Law
7. OHIO REVISED CODE ANNOTATED (WESTLAW)
-R.C. § 4141.29
Rethinking Civil Rights and Employment at Will
-R.C. §4112.02
Rethinking Civil Rights and Employment at Will
8. CODE OF FEDERAL REGULATIONS (WESTLAW):
-29 C.F.R. § 1630.2
Functionality or formalism?
-29 C.F.R. § 1604.2
Babes and beefcake
Masculinities at work (article)
Trouble in sin city
-29 C.F.R. § 1604.11
Creating masculine identities
Discrimination in our midst
Harassing “girls” at the hard rock
Harassment of sex(y) workers
Masculinities at work (article)
-29 C.F.R. § 1607.4
Cognitive illiberalism
Discrimination in our midst
Law Related Activities, National, University, and Law School Service
Advisory Council, Regional Policy Disability Research Initiative (2015-present).
Consultant to the United States Equal Employment Opportunity Commission, 2006-2011.
(Monitored for compliance with consent decrees and created policies and practices for
employers and trained management and employees).
30
Judge, “We the People” Regional and State Competitions, (2012-2013).
Consultant to Kathleen J. England, Esq., Las Vegas, NV (2012-present).
Expert Witness, Clark County Public Defender’s Office, State v. Hampton (September
2010).
Chair, Labor Relations and Employment Law Section, American Association of Law
Schools (2011-2012).
Chair-Elect, Labor Relations and Employment Law Section, American Association of
Law Schools (2010-2011).
Secretary, Labor Relations and Employment Law Section, American Association of Law
Schools (2009-2010).
Executive Committee, Labor Relations and Employment Law Section, American
Association of Law Schools (2008-2009).
Executive Committee, Employment Discrimination Law Section, American Association
of Law Schools (2008-2009; 2009-2010; 2010-2011).
Executive Committee, Women and the Law Section, American Association of Law
Schools (2008-2009).
Delegate, People to People Ambassador Program, Delegation of Employment Lawyers,
to China (October 2004).
Consultant, National Judicial College, Reno, Nevada, Creating a Skills Training Program
for Judges (June 2000).
Special Consultant, State of Florida Constitution Revision Commission, Committee on
Individual Rights (1997-1998).
Member, Planning Committee, AALS Women and the Law Workshop, 2008 AALS
Annual Meeting, New York, NY (January 2008).
Group Leader, AALS Workshop on Women in Legal Academia, New York, NY,
(October 1999).
University Teaching
Lecturer, Executive MBA Program, University of Nevada, Las Vegas.
31
Lecturer, UNLV Engineering and Ethics class, “Employment Law,” Las Vegas, NV
(2006, 2007, 2008).
Lecturer, UNLV School of Dentistry, “Informed Consent,” Las Vegas, NV (2007, 2008,
2009, 2010, 2011, 2012).
Member of Graduate Committee for Crystal Jackson, Dept. of Sociology, UNLV, MS
degree (May 2006-Spring 2007).
University Service
Member, The Women’s Council, University of Nevada, Las Vegas (2011-2016).
Steering Committee Member, Women’s Studies Department/Program/Gender and
Sexuality Studies Program, University of Nevada, Las Vegas (2010-present).
Member, Women’s Studies Department Personnel Committee, University of Nevada, Las
Vegas (Promotion and Tenure Committee) (2010-2012).
Affiliate, Women’s Research Institute of Nevada (Summer 2000-present).
Associate, Women’s Study Department, University of Nevada, Las Vegas (1999-2010).
Member, University Promotion and Tenure Committee, University of Nevada, Las Vegas
(2011-2012)
Member, University Sabbatical Leave Committee, University of Nevada, Las Vegas
(2007-2008).
Member, University-Wide Committee on the Status of Women, University of Nevada,
Las Vegas, (2001-2003).
Member, University Appeals Committee, University of Nevada, Las Vegas, (Spring
2002).
Member, University Committee to Reform University of Nevada, Las Vegas Bylaws,
(2000-2001).
32
Law School Service
Chair, Ad Hoc Standards Committee on Faculty Long-Term Contracts (2010-2012).
Chair, Reappointment, Promotion & Tenure Committee, William S. Boyd School of Law,
University of Nevada, Las Vegas, (2004-2007, 2009-2010, Spring, Summer, 2013, 2014-
2015; co-chair, 2015-2016); Member, Reappointment, Promotion & Tenure Committee
(1999-2003, 2010-2011; Fall 2013-2014).
Faculty, UNLV Boyd School of Law Program on Health Law, Bioethics and Human
Rights (Fall 2014-present).
Chair, Visiting Professor Appointments Committee, William S. Boyd School of Law,
University of Nevada, Las Vegas (2007-2008).
Chair, Faculty Academic Enrichment Committee, William S. Boyd School of Law,
University of Nevada, Las Vegas (2007-2008).
Chair, Faculty Workload Policy Committee, William S. Boyd School of Law, University
of Nevada, Las Vegas (2004-2005).
Chair, Committee for Diversity Hiring, William S. Boyd School of Law, University of
Nevada, Las Vegas (Spring 2001).
Chair, Subcommittee on Appointment of Library Director, William S. Boyd School of
Law, University of Nevada, Las Vegas (2001).
Co-Chair, Library Director Appointments Committee, William S. Boyd School of Law,
University of Nevada, Las Vegas (December 2007-May 2008).
Vice Chair, Dean Search Committee, William S. Boyd School of Law, University of
Nevada, Las Vegas (2006-2007).
Member, Technology Working Group, William S. Boyd School of Law, University of
Nevada, Las Vegas (2007-2008).
Chair, Dean’s Advisory Committee (2012-2013); Member, Dean’s Advisory Committee,
William S. Boyd School of Law, University of Nevada, Las Vegas (1999-2000; 2002-
2007; 2015-2016).
Speaker, UNLV Boyd School of Law Class of 2004 Reunion (Fall 2009; Fall 2014).
Member, Adjunct Faculty Committee (2014).
Member, Curriculum Committee, William S. Boyd School of Law, University of Nevada,
Las Vegas (2006-2007).
33
Member, Planning Committee for Symposium on Civil Rights and the West, William S.
Boyd School of Law, University of Nevada, Las Vegas (2002-2003).
Member, Appointments Committee, William S. Boyd School of Law, University of
Nevada, Las Vegas (1999-2001).
Member, Clinic Committee, William S. Boyd School of Law, University of Nevada, Las
Vegas (1999-2001).
Member, Subcommittee on Institute For Children and Families, William S. Boyd School
of Law, University of Nevada, Las Vegas (1999).
Member, Academic Support Committee, William S. Boyd School of Law, University of
Nevada, Las Vegas (1999-2000).
Lecturer, William S. Boyd School of Law, Externship Program (2001-2007).
Member, Curriculum Committee, Florida State University College of Law (1995-1996;
1997-1998).
Member, Admissions Committee, Florida State University College of Law (1995-1999).
Chair, Edward V. Sparer Public Interest Symposium (co-sponsored by the Brooklyn Law
Review) - “Ensuring (E)qual(ity) Health Care for Poor Americans.” (December 3 & 4,
1993).
Participant, the Aspen Institute Justice and Society Seminar (July 1993).
Member, Florida State University Law and Sociology Forum (1998-1999).
Affiliate, The Pepper Institute on Aging and Public Policy, Florida State University,
College of Social Sciences (1998-1999).
Administrative Responsibilities
Associate Dean for Research, William S. Boyd School of Law, University of Nevada,
Las Vegas (2008-2009).
Faculty Advisor, Society of Advocates, William S. Boyd School of Law, University of
Nevada, Las Vegas (2004-2005).
Faculty Coach, National Appellate Advocacy Competition (2004-2005; 2002-2003).
Director, Externship Program, William S. Boyd School of Law, University of Nevada
Las Vegas (Summer 2001).
34
Director of Skills Training, Florida State University College of Law (1995-1999).
Coordinator, Florida State University College of Law JD/MSW Joint Degree Program
(1997-1999).
Reviewer/Judge
Reviewer, Oxford University Press, Book (2016); New York University Press, Book
Proposals, Book Chapters and Books (2015, 2014, 2012, 2010, 2009, 2008, 2005, 2004,
2003).
Judge, Jameson Crane III Disability and the Law Writing Competition, Thomas Jefferson
University Law School (2015, 2016).
Reviewer, Equality, diversity and inclusion: An international journal (2011).
Outside Reviewer for Tenure Candidates’ Scholarship (2016, 2014, 2012, 2011, 2010,
2009, 2004, 2003, 2002).
Peer Reviewer, Potchefstroom Electronic Law Journal, North-West University, South
Africa (2015).
Bar Memberships
Member, Bars of Pennsylvania (1983); New Jersey (1987); and Minnesota (1984).
Publications - Ann C. McGinley
Books
Ann C. McGinley, Masculinity at Work: Employment Discrimination Through a Different Lens (New York University Press 2016).
Ann C. McGinley, Masculinities and the Law: A Multidimensional Approach (Frank Rudy Cooper & Ann C. McGinley eds., New York University Press 2012).
Laura C. Rothstein & Ann C. McGinley, Disability Law: Cases, Materials, Problems (LexisNexis 5th ed. 2010 & Supps. 2011-2016) (Carolina Acad. Press 6th ed. forthcoming 2017).
Laura C. Rothstein & Ann C. McGinley, Disability Law: Statutory Appendix: Federal Statutes and Regulations (LexisNexis 5th ed. 2013).
Laura Rothstein & Ann C. McGinley, Teachers' Manual for Disability Law: Cases, Materials, Problems (LexisNexis 5th ed. 2010) (Carolina Acad. Press 6th ed. forthcoming 2017).
Book Contributions
Ann C. McGinley & David McClure, We Are All Contingent: Fighting Vulnerability in the U.S. Workforce, in Vulnerability and Work (Martha Fineman & Jonathan Fineman eds., Ashgate forthcoming 2017).
Ann C. McGinley, Tendencias actuales en el derecho de daños estadounidense (Contemporary Trends in U.S. Tort Law) (Lefebvre-El Derecho, Madrid, Spain 2016).
Ann C. McGinley, Oncale v. Sundowner, in Feminist Judgments: Rewritten Opinions of the United States Supreme Court (Kathryn Stanchi, Linda Berger & Bridget Crawford eds., Cambridge University Press 2016).
Ann C. McGinley, Masculinities and Disparate Impacts, in Exploring Masculinities: Feminist Legal Theory Reflections 201 (Martha Albertson Fineman & Michael Thomson eds., Ashgate 2013).
Ann C. McGinley, Hillary Clinton, Sarah Palin, and Michelle Obama: Performing Gender, Race, and Class on the Campaign Trail, in The Gendered Society (Michael Kimmel, ed., Oxford University Press 5th ed. 2013).
Ann C. McGinley, Work, Caregiving and Masculinities, in Gender and Equality Law 299 (Julie Goldscheid ed., Ashgate 2013).
Frank Rudy Cooper & Ann C. McGinley, Masculinities, Multidimensionality, and Law: Why They Need One Another, in Masculinities and the Law: A Multidimensional Approach (Frank Rudy Cooper & Ann C. McGinley eds., New York University Press 2012).
Nancy E. Dowd et al., Feminist Legal Theory Meets Masculinities Theory, in Masculinities and the Law: A Multidimensional Approach (Frank Rudy Cooper & Ann C. McGinley eds., New York University Press 2012).
Ann C. McGinley, Meritor Savings Bank v. Vinson, in Linda H. Edwards, Readings in Persuasion: Briefs that Changed the World (Wolters Kluwer Law & Business 2012).
Ann C. McGinley, Hillary Clinton, Sarah Palin, and Michelle Obama: Performing Gender, Race, and Class on the Campaign Trail, in Women and the Law 821 (Jane C. Moriarty ed., Thomson Reuters/West 2009).
Ann C. McGinley, Harassment of Sex(y) Workers: Applying Title VII to Sexualized Industries, in Women and the Law 203 (Jane C. Moriarty ed., Thomson Reuters/West 2009).
Articles
Ann C. McGinley & Nicole Porter, Public Policy and Workers’ Rights: Wrongful Discharge Discipline Actions and Reasonable Good Faith Beliefs, __ Em. Rts. & Emp. Pol'y J. __ (forthcoming 2017).
Ann C. McGinley, Employment Law Considerations for Law Schools Hiring Legal Writing Professors, 66 J. Legal Educ. 585 (2017).
Ann C. McGinley, Comparative Labor Law Dossier: Equality, Non-Discrimination and Work-Life Balance in the United States, 2 IUSLabor 168 (2016).
Ann C. McGinley, Policing and the Clash of Masculinities, 39 Tel Aviv Univ. L. Rev. 497 (2016) (in Hebrew).
Ann C. McGinley, Subsidized Egg Freezing in Employment: Autonomy, Coercion, or Discrimination?, 20 Em. Rts. & Emp. Pol'y J. 331 (2016).
Ann C. McGinley, Policing and the Clash of Masculinities, 59 How. L.J. 221 (2015).
Ann C. McGinley, Reconsidering Legal Regulation of Race, Sex, and Sexual Orientation, 50 Tulsa L. Rev. 341 (2015).
Ann C. McGinley, Title VII at Fifty Years: A Symposium, 14 Nev. L. J. 661 (2014).
Ann C. McGinley & Frank Rudy Cooper, How Masculinities Distribute Power: The Influence of Ann Scales, 91 Denv. U. L. Rev. 187 (2014).
Ann C. McGinley, Masculinity, Labor and Sexual Power, 93 B.U. L. Rev. 795 (2013).
Ann C. McGinley, Masculine Law Firms, 8 FIU L. Rev. 423 (2013).
Ann C. McGinley & Frank Rudy Cooper, Identities Cubed: Perspectives on Multidimensional Masculinities Theory, 13 Nev. L.J. 326 (2013).
Ann C. McGinley, Introduction: Men, Masculinities, and Law: A Symposium on Multidimensional Masculinities Theory, 13 Nev. L.J. 315 (2013).
Ann C. McGinley, Cognitive Illiberalism, Summary Judgment, and Title VII: An Examination of Ricci v. Distefano, 57 N.Y.L. Sch. L. Rev. 865 (2012-2013).
Ann C. McGinley & Kenneth G. Dau-Schmidt, Guaranteeing the Rights of Public Employees, 16 Employee Rights & Emp. Pol'y J. 523 (2012).
Ann C. McGinley & Ryan McGinley-Stempel, Beyond the Water Cooler: Speech and the Workplace in an Era of Social Media, 30 Hofstra Lab. & Emp. L.J. 75 (2012).
Ann C. McGinley, Reasonable Men, 45 U. Conn. L. Rev. 1 (2012).
Ann C. McGinley, Trouble in Sin City: Protecting Sexy Workers’ Civil Rights, 23 Stan. L. & Pol'y Rev. 253 (2012).
Ann C. McGinley, Ricci v. DeStefano: Diluting Disparate Impact and Redefining Disparate Treatment, 12 Nev. L.J. 626 (2012).
Ann C. McGinley, Work, Caregiving, and Masculinities, 34 Seattle U. L. Rev. 703 (2011), reprinted in Gender and Equality Law 299 (Julie Goldscheid ed., Ashgate 2013).
Tracey E. George et al., The New Old Legal Realism, 105 Nw. U. L. Rev. 689 (2011).
Ann C. McGinley, Ricci v. DeStefano: A Masculinities Theory Analysis, 33 Harv. J.L. & Gender 581 (2010).
Ann C. McGinley, Discrimination Redefined, 75 Mo. L. Rev. 443 (2010).
Ann C. McGinley, Erasing Boundaries: Masculinities, Sexual Minorities, and Employment Discrimination, 43 U. Mich. J.L. Reform 713 (2010).
Ann C. McGinley, Reproducing Gender on Law School Faculties, 2009 BYU L. Rev. 99.
Ann C. McGinley, Hillary Clinton, Sarah Palin, and Michelle Obama: Performing Gender, Race, and Class on the Campaign Trail, 86 Denv. U. L. Rev. 709 (2009), reprinted in Women And The Law 821 (Jane C. Moriarty ed., ThomsonReuters/West 2009); The Gendered Society (Michael Kimmel ed., Oxford University Press 5th ed. 2013).
Ann C. McGinley, Creating Masculine Identities: Bullying and Harassment "Because of Sex," 79 U. Colo. L. Rev. 1151 (2008).
Ann C. McGinley, Harassing "Girls" at the Hard Rock: Masculinities in Sexualized Environments, 2007 U. Ill L. Rev. 1229.
Ann C. McGinley, Babes and Beefcake: Exclusive Hiring Arrangements and Sexy Dress Codes, 14 Duke J. Gender, L. & Pol'y 257 (2007).
Ann C. McGinley, Harassment of Sex(y) Workers: Applying Title VII to Sexualized Industries, 18 Yale J.L. &. Feminism 65 (2006), reprinted in Women And The Law 203 (Jane C. Moriarty ed., ThomsonReuters/West 2009).
Ann C. McGinley, Discrimination in Our Midst: Law Schools' Potential Liability for Employment Practices, 14 UCLA Women's L.J. 1 (2005).
Ann C. McGinley, Masculinities at Work, 83 Or. L. Rev. 359 (2004).
Ann C. McGinley, Functionality or Formalism? Partners and Shareholders as "Employees" Under the Anti-Discrimination Laws, 57 Smu L. Rev. 3 (2004).
Ann C. McGinley, Symposium, Justice and Democracy Forum: The Law and Politics of Tort Reform, 4 Nev. L.J. 377 (2003).
Ann C. McGinley, Casey at the Tee: Increased ADA Protections for Workers?, Emp. Rts. Q., Winter 2002, at 47.
Ann C. McGinley, ¡Viva la Evolución!: Recognizing Unconscious Motive in Title VII, 9 Cornell J.L. & Pub. Pol'y 415 (2000).
Ann C. McGinley, Affirmative Action Awash in Confusion: Backward-Looking-Future-Oriented Justifications for Race-Conscious Measures, 4 Roger Williams U. L. Rev. 209 (1998).
Ann C. McGinley & Michael J. Yelnosky, Board of Education v. Taxman: The Unpublished Opinions, 4 Roger Williams U. L. Rev. 205 (1998).
Ann C. McGinley, The Emerging Cronyism Defense and Affirmative Action: A Critical Perspective on the Distinction Between Colorblind and Race-Conscious Decision Making Under Title VII, 39 Ariz. L. Rev. 1003 (1997), reprinted in 14 Civil Rights Litigation And Attorney's Fees Annual Handbook, Ch. 12 (Steven Saltzman ed., Clark Boardman Co. Ltd. 1999).
Ann C. McGinley, Rethinking Civil Rights and Employment at Will: Toward a Coherent National Discharge Policy, 57 Ohio St. L.J. 1443 (1996).
Ann C. McGinley & Jeffrey W. Stempel, Condescending Contradictions: Richard Posner's Pragmatism and Pregnancy Discrimination, 46 Fla. L. Rev. 193 (1994).
Ann C. McGinley, Aspirations and Reality in the Law and Politics of Health Care Reform: Examining a Symposium on (E)qual(ity) Care for the Poor, 60 Brook L. Rev. 7 (1994).
Ann C. McGinley, Reinventing Reality: The Impermissible Intrusion of After-Acquired Evidence in Title VII Litigation, 26 Conn. L. Rev. 145 (1993).
Ann C. McGinley, Credulous Courts and the Tortured Trilogy: The Improper Use of Summary Judgment in Title VII and ADEA Cases, 34 B.C. L. Rev. 203 (1993), reprinted in Nat'l Emp't Lawyers Ass'n, Selected Issues In Plaintiff's Employment Law: Alternative Dispute Resolution & Summary Judgment In Employment Cases (1996).
Practice Oriented Publications
Ann C. McGinley, Disability Discrimination Law in Employment, Nev. Law., Nov. 2016, at 8.
Ellen Catsman Freidin & Ann C. McGinley, Protecting Basic Rights of Citizens, Fla. B. J., Oct. 1998, at 48.
Ann C. McGinley, Reinforcing the Merit Principle in Employment Discrimination Litigation, FSU Law, Summer 1998, at 21.
Ann C. McGinley, Civil Rights and Employment at Will: Time for a Federal Statute, FSU Law, Winter 1997, at 31.
Ann C. McGinley on the Scholarly Commons
Ann McGinley
William S. Boyd Professor of Law at UNLV, Boyd School of Law
UNLV University of Pennsylvania Law School
Las Vegas, Nevada Area 150 150 connections
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UNLV
William S. Boyd Professor of Law
Company NameUNLV
Dates EmployedAug 1999 – Present Employment Duration18 yrs 1 mo
I am a law professor, teaching Employment Law, Employment Discrimination, Disabilities Law and Torts. I do research and publish in the area of employment discrimination and gender issues.
UNLV, Boyd School of Law
William S. Boyd Professor of Law
Company NameUNLV, Boyd School of Law
Dates EmployedJul 1999 – Present Employment Duration18 yrs 2 mos
I am a law professor and I teach Torts, Employment Law, Employment Discrimination and Disability Discrimination Law. I am an author of over 25 books and articles on employment discrimination.
William S. Boyd School of Law, University of Nevada, Las Vegas
William S. Boyd Professor of Law
Company NameWilliam S. Boyd School of Law, University of Nevada, Las Vegas
Dates Employed1999 – Present Employment Duration18 yrs
Quoted in Sidelights: “I wrote this book to explain how masculinity defeats equal rights for both men and women in the workplace, and to encourage the public, lawyers, and the courts to do something about it.”
Ann C. McGinley, Masculinity at Work: Employment Discrimination through a Different Lens
Posted onJune 6, 2016AuthorAnn McGinley
I wrote this book to explain how masculinity defeats equal rights for both men and women in the workplace, and to encourage the public, lawyers, and the courts to do something about it. Although Title VII of the Civil Rights Act of 1964 protects both men and women from sex discrimination at work, the courts do not always know illegal discrimination when they see it. In fact, because it is considered normal, masculinity is often invisible to the naked eye.mascatwork
Research on masculinity explains that boys and men are raised in this culture to adopt a particular form of masculinity. They need to differentiate themselves from women, girls, and gay men (don’t be a “pussy”), and to prove that they are masculine to other men.
Work is a competitive environment where men earn their identities; through work they prove their masculinity to themselves and other men by aggregating power, making good salaries, and, for blue-collar workers, engaging in tough physical work. But when women and non-masculine men take jobs historically occupied exclusively by men, their presence threatens the male workers’ sense of masculine identity. Sometimes male workers react to the invasion of their workspaces by engaging in harassing behaviors against the outsiders.
When faced with gender harassment cases, the courts don’t always get it right. When women suffer the group’s harassing behavior, some courts impose a higher standard to prove sexual harassment of women occurring in predominately-male, blue-collar workplaces. When men endure very similar behaviors, most courts excuse the behavior as “horseplay” or “hazing.” These catchall words mean that the court finds that the behavior either did not occur because of the male victim’s sex or that the behavior was not sufficiently serious to punish. In other words, there was no proof of a Title VII violation.
Let’s be clear. Much of this behavior is egregious, and much is related to the victim’s gender. When courts do recognize the seriousness of the behavior, they state frequently that they are not “super personnel departments” and that incivility is not illegal. In other words, they often don’t recognize the gendered nature of the treatment, especially when men are its victims. An understanding of masculinity theory can help courts, lawyers, academics, and the public bridge this understanding gap.
The book explains how masculine practices harm both men and women in workplaces, and how masculinities theory can illuminate interpretations of Title VII law that protect both men and women from sex discrimination at work.
The book begins with the example of Jonathan Martin, the Miami Dolphins’ football player who was harassed mercilessly by his teammates. As a result, Martin checked himself into a mental institution. Even though the public and the media were aware that severe harassment had occurred in the Dolphins’ workplace, no one noticed the gendered nature of the behavior. Martin’s teammates harassed him, in large part, to “toughen him up,” because he did not present himself as sufficiently masculine. And, he was certainly not masculine enough for a black male football player.
But the book goes beyond egregious forms of verbal and physical harassment to more subtle forms of discrimination that masculinities theory can explain – behaviors demonstrating the presence of implicit bias and entrenched stereotypes. It also evaluates these forms of discrimination in white-collar and blue-collar contexts, and explains the importance of multiple identities, such as race, national origin, and sexual orientation in interpreting behaviors at work.
I wrote this book to introduce lawyers and judges, academics, and the public to theories of masculinity that explain behaviors in the workplace. My analysis of these theories demonstrates how lawyers representing clients who bring Title VII sex discrimination claims can argue for new, better interpretations of the law. It demonstrates to courts how adopting masculinities theory to interpret Title VII would result in specific and concrete changes in the ways they decide Title VII sex discrimination cases. And it provides to academics the basis for a new theory of sex discrimination law. Most important, I wrote this book hoping that through understanding of masculinities theory by the public, academics, lawyers, clients and judges, the law will better promote gender equality in the workplace.
Quoted in Sidelights: extensive analysis of how
gender functions in different job environments and application of the theory to actual court cases
highly recommended
Print Marked Items
McGinley, Ann C. Masculinity at work:
employment discrimination through a different
lens
C.L. Lalonde
CHOICE: Current Reviews for Academic Libraries.
54.2 (Oct. 2016): p255.
COPYRIGHT 2016 American Library Association CHOICE
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Full Text:
McGinley, Ann C. Masculinity at work: employment discrimination through a different lens. New York University,
2016. 256p bibl index ISBN 9780814796139 cloth, $49.00; ISBN 9780814764329 ebook, contact publisher for price
54-0770
KF3464
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McGinley (Univ. of Nevada) examines employment discrimination cases from a social science perspective,
specifically multidimensional masculinities theory. She illustrates how the use of this complex approach to encompass
multiple aspects of identity could allow courts to investigate cases "because of sex," according to Title VII law.
Multiple relevant court cases are evaluated to reflect how courts struggle with issues such as establishing "disparate
treatment" versus "disparate impact" of discrimination experienced by plaintiffs. Through extensive analysis of how
gender functions in different job environments and application of the theory to actual court cases, McGinley calls for
the use of social scientists' expert testimony (whether "pure" or "applied") to help judges and juries question "common
sense" approaches to gender discrimination in the workplace. This book could be incorporated into upper-level
undergraduate and graduate courses in criminal justice, sociology, womens studies, and psychology. It could also
contribute to research and faculty collections. Because of Race (CH, Mar'09, 46-3975) would pair well with this book
to offer another perspective of how school-based discrimination cases have been negotiated in the US Department of
Education's Office of Civil Rights. Summing Up: *** Highly recommended. Upper-division undergraduates through
faculty.--C. L. Lalonde, D'Youville College
Lalonde, C.L.
Source Citation (MLA 8
th Edition)
Lalonde, C.L. "McGinley, Ann C. Masculinity at work: employment discrimination through a different lens."
CHOICE: Current Reviews for Academic Libraries, Oct. 2016, p. 255. General OneFile,
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Gale Document Number: GALE|A479868990
Quoted in Sidelights: “a theoretical disposition and a practical guide for legal counsel and judges” “presents new ways of looking at employment law.”
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“Masculinity at Work: Employment Discrimination through a Different Lens” by Ann C. McGinley— Looking Through the Lens of Masculinity
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masculinity at woekMcGinley, Ann C. “Masculinity at Work: Employment Discrimination through a Different Lens”, NYU Press, 2016.
Looking Through the Lens of Masculinity
Amos Lassen
Ann McGinley analyzes Title VII of the Civil Rights Act of 1964 through the lens of masculinities theory. She uses the case of Jonathan Martin and others to do so. If you remember, in 2013, Martin was a player for the Miami Dolphins who walked out his team and checked himself into a mental health institution. This implied that Martin could not take the professional pressure but within a few days, the entire story changed and news sources reported that Martin’s teammates had repeatedly bullied him and as a result, he suffered serious depression. The response to this was skeptical, and many felt that the harassment was just locker room talk that happens all of the time and that all players have to deal with occasionally. What McGinley shows here is how harassment and discrimination can come about because of sex even if the gendered nature of the behavior remains unseen to onlookers.
What we learn from reading this book is that there is an invisibility of masculine structures and practices, how society constructs concepts of masculinity, and how men perform masculinity in different ways because of their identities and situational contexts.
Masculine theory can provide significant insights into the behaviors and motivations of employers, as well as workplace structures that can disadvantage both men and women who do not conform to gender stereotypes. This book is therefore a theoretical disposition and a practical guide for legal counsel and judges regarding the interpretation of sex and race discrimination cases. It explains how this theory can be used to interpret Title VII in new, liberating ways. It is important to understand that to reach conclusions, legal, gender, and social science analyses are necessary. McGinley presents new ways of looking at employment law from the gendered dimensions of that law. She describes the law at the same time developing ways that theories of masculinities can be used to make antidiscrimination law move toward its goal of ending and eliminating discrimination. Here is something of a plan that will take us see how the courts see masculinities by examining race and sex cases with male plaintiffs. These, in turn, will change the way academics and practitioners think about Title VII.
Quoted in Sidelights: This book represents the capstone for Ann McGinley’s career developing new and important insights into how discrimination occurs in the workplace, how the law deals with it and, especially, how the law can be developed to better protect the victims of employment discrimination.
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MASCULINITIES THEORY HELPS UNDERSTAND EMPLOYMENT DISCRIMINATION AND COULD HELP REDUCE IT
Oct 21, 2015 Michael J. Zimmer1 comment
Ann C. McGinley, Through a Different Lens: Perspectives on Masculinity and Employment Discrimination Law (Forthcoming 2016, NYU Press)
Michael J. Zimmer
Michael J. Zimmer
Ann McGinley has made significant contributions to the legal literature concerning employment discrimination in general and to the social science concerning “masculinities” in particular. In many ways, this book is a culmination of a significant number of articles and a prior book of edited essays on the topic of masculinities and the law. With the new focus on issues of masculinity highlighted in the case of Miami Dolphin football player, Jonathan Martin, who quit the team because of harassment by several of his teammates, there is beginning to be greater general awareness of the multifaceted way in which various masculinity behaviors are used to harass and discriminate against women, people of color, and people perceived as failing to behave in appropriate gender roles.
More recently, there is a focus on the role of stereotypes and masculinity games that have been barriers to women becoming Hollywood directors.1 So, this forthcoming book is quite timely. It should have a significant impact on how we discuss and resolve questions arising from the role of masculinity games in employment.
The Introduction and first chapter set the background for how masculinities theory works in the context of the workplace. The role of masculinity in employment is very contextual, depending on a variety of situations where masculinity “games” are played. At bottom, despite very different social situations, these games are all about supporting the masculine feelings of the perpetrators while subordinating the victims as weak and incapable. Those contexts in which masculinities play out based on sex, of course, but also race, class and organizational hierarchies can be implicated. Chapter 1 develops in general how employment discrimination law has dealt with, and failed to deal with, the variety of contexts in which masculinity games operate to harm its victims.
Chapters 2 to 4 work out how, at a more detailed level, the law dealing with gender and sex-based harassment has dealt with the masculinities phenomenon. The author traces the strengths and weaknesses of the law in dealing with the issues raised by the social science studies of masculinities. These chapters will be of immediate interest to lawyers and judges in dealing with the issues that masculinity theory present in cases now to be resolved.
Chapters 5 to 8 put the light of careful analysis dealing with masculinities theory on the larger context of the general theories of employment discrimination law. These materials offer a significant critique of these theories in light of the findings of the social sciences, including the implicit bias studies. These studies describe the reality of how employment discrimination operates in the workplace today. The author lays out ways in which employment discrimination law can be developed in light of the social science to the end that the incidence of discrimination could be substantially reduced. Masculinities theory is illuminating as to the shortfalls of conventional employment discrimination law but also as to the potential reforms that are evidence-based and could make a real difference in how protective that law can become.
Chapter 9 returns to the practical aspect of how the social sciences, including masculinities theory, can be utilized to educate judges and juries to better achieve just results in employment discrimination litigation. It also ties back into the more theoretical chapters because it shows how well planned litigation strategies can stretch the present law to better take account of the insights offered by the masculinities social science and, perhaps, develop new ways to protect the victims of employment discrimination.
This book represents the capstone for Ann McGinley’s career developing new and important insights into how discrimination occurs in the workplace, how the law deals with it and, especially, how the law can be developed to better protect the victims of employment discrimination. We should all be eagerly awaiting its publication.
It is with great sadness that Jotwell notes the passing of Worklaw co-editor Michael J. Zimmer.
See, Cara Buckley, ACLU Pushes for Inquiry Into Bias Against Female Directors, New York Times, Wednesday, May 13, 2015, C 1. [↩]
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Cite as: Michael J. Zimmer, Masculinities Theory Helps Understand Employment Discrimination and Could Help Reduce It, JOTWELL (October 21, 2015) (reviewing Ann C. McGinley, Through a Different Lens: Perspectives on Masculinity and Employment Discrimination Law (Forthcoming 2016, NYU Press)), http://worklaw.jotwell.com/masculinities-theory-helps-understand-employment-discrimination-and-could-help-reduce-it/.