Wal-Mart v. Dukes symposium at Point of Law

by Walter Olson on April 14, 2011

The distinguished panel includes Lester Brickman and Myriam Gilles (Cardozo), Richard Epstein (NYU), Jim Copland and Ted Frank (Manhattan Institute), R. Matthew Cairns (Gallagher, Callahan & Gartrell and the 2011 president of the Defense Research Institute), Russell Jackson (Skadden), and Andrew Trask (McGuire Woods). You can follow the discussion here.

{ 1 comment }

1 William Nuesslein 04.18.11 at 9:53 am

As I understand it, Wal-Mart as a company discriminated by enforcing its non-discrimination policy with inadequate gusto. Why shouldn’t that logic apply to the EEOC?

Sadly we have too many, especially Associate Justice Ginsberg, who do not understand that a free market automatically polices against prejudicial discrimination. If the market pays 59 cents to women for every dollar paid to men, then a greedy capitalist will hire talented women for 65 cents or so. Discrimination policy forces people to meet political tests against economic tests. The argument for discrimination in pay rates was debunked more than twenty years ago.

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