Procedural Predictability and the Employer as Litigator: The Supreme Court’s 2012-2013 Term

Authors

Scott R. Bauries, University of Kentucky College of LawFollow

Abstract

In this contribution to the University of Louisville Law Review’s Annual Carl A. Warns Labor and Employment Institute issue, I examine the Supreme Court’s labor and employment-related decisions from the October Term 2012 (OT 2012). I argue that the Court’s decisions assisted employers as litigators—as repeat players in the employment dispute resolution system—in two ways. First, the Court established simple contract drafting strategies that employers may use to limit their exposure to employment claims. Second, the Court adopted bright-line interpretations of employment statutes. Both forms of assistance served a formalist interest in what I term “procedural predictability”—enhanced employer predictability and control of both the duration and costs of resolving employment disputes.

Document Type

Article

Publication Date

2014

1-6-2015

Notes/Citation Information

University of Louisville Law Review, Vol. 52, No. 3 (2014), pp. 497-527

Repository Citation

Scott R. Bauries, Procedural Predictability and the Employer as Litigator: The Supreme Court’s 2012-2013 Term, 52 U. Louisville L. Rev. 497 (2014).