Emory Law Journal

Volume 59Issue 3

Race and Sex in Organizing Work: “Diversity,” Discrimination, and Integration

Tristin K. Green | 59 Emory L.J. 585 (2010)

This Article provides the first extended analysis of the conscious consideration of race and sex in organizing work. It draws on research and literature in the fields of sociology, social psychology, and organizational theory to expose the risks and possibilities of permitting race- and sex-based decisions organizing work for workplace equality. Based on this empirical foundation and on established Supreme Court case law setting limits and conditions on the use of race and sex in employment decisions under Title VII, the Article presents an argument that is equally normative and doctrinal.

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Contracts and Friendship

Ethan J. Leib | 59 Emory L.J. 649 (2010)

This Article aims to give the relational theory of contract new life, sharpening some of its claims against its competitors by refracting its theory of relational contracts through an analogy to friendship. In drawing the analogy between friendships and relational contracts and revealing their morphological similarities, this Article offers a provocative window into friendship’s contractual structure—and into relational contracts’ approximation of friendships. The analogy developed here is poised to replace the “relational contract as marriage” model prevalent among relationalists. This new model is more honest to relational contract theory and to marriage—and helps relational contract theory produce some new insights, support old ones, and revise some of its normative agenda.

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