Abstract: On June 1, 2011, the U.S. Court of Appeals for the Eighth Circuit, in Torgerson v. City of Rochester, granted summary judgment for the employer, the City of Rochester, by holding that the plaintiffs had failed to produce sufficient direct or indirect evidence of discrimination. On appeal, the en banc Eighth Circuit categorized plaintiffs’ evidence and asked whether each piece, on its own, created a genuine issue of material fact. This Comment argues that the court’s preoccupation with categorizing evidence distracted it from determining whether discrimination occurred. Therefore, courts should adopt the dissent’s totality of the evidence approach, in which all of the evidence is considered in context when making a summary judgment determination.
BCLR Moves to # 25 in Law Journal Rankings
The Boston College Law Review has moved from #26 to #25 in the annual Washington and Lee University School of Law Law […]
Alumni-Student Happy Hour, February 19
Dear BCLR Alumni, I am pleased to announce that the Boston College Law Review will be hosting its Alumni-Student Happy […]
2014 E. Supp. Now Available
We have begun posting case comments from recent federal appellate decisions to our 2014 E. Supp., which can be found […]