Paul L. Caron

Tuesday, July 15, 2014

8th Circuit Orders New Trial in Unsuccessful Republican Faculty Candidate's Discrimination Suit Against Iowa Law School

Wagner 2Following up on my previous posts (links below) about Teresa Wagner's federal lawsuit claiming she was denied a faculty position because of her conservative views:  the Eighth Circuit today reversed and ordered a new trial.  Wagner v. Jones, No. 13- 1650 (8th Cir. July 15, 2014).

Prior TaxProf Blog coverage:

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I seem to recall a certain someone who was editor of the Harvard Law Review without publishing an article, lectured on Con Law at Chicago without publishing anything of note (anything at all?) and even made it all the way to President of the United States.

But I guess Ms. Wagner is white and conservative, instead of black and progressive.

Posted by: Todd | Jul 17, 2014 6:28:03 PM

Anon, Plenty of legal writing profs have no scholarly publications. The hurdle is usually much, much lower than for doctrinal profs. Also, she is the editor of three books, which is a strong sign and not an accomplishment of many legal writing profs.

Posted by: AnotherProf | Jul 16, 2014 2:07:32 PM

I can't see it now since my comment hasn't posted yet, but I may have provided the wrong link. Try this one >>>

Posted by: Woody | Jul 16, 2014 10:07:20 AM

Anon, you keep repeating the same unsupported justification for discrimination and ignore what a jury determined, as both revealed from this link to a former post >>>

A federal jury believed the University of Iowa’s law school illegally denied a promotion to a conservative Republican because of her politics, former jurors told The Des Moines Register. However, jurors said they felt conflicted about holding a former dean personally responsible for the bias. They wanted to hold the school itself accountable, but federal law does not recognize political discrimination by institutions. “I will say that everyone in that jury room believed that she had been discriminated against,” said Davenport resident Carol Tracy, the jury forewoman.

Posted by: Woody | Jul 16, 2014 10:05:02 AM

It's worth noting the sua sponte comments on the jury instruction regarding the burden shifting. The jury can start out inferring that discrimination happened once there is a prima facie case, and the defendants have to prove that it didn't.

Posted by: Phelps | Jul 16, 2014 9:20:38 AM

Look at Ms. Wagner’s publication record. Not a single scholarly article to her name—only a propaganda pamphlet put out by an ideologically motivated think tank.

The simple fact of the matter is, she is not qualified for the job for which she applied.

If she would spend time producing serious scholarship instead of litigating frivolous claims over imagined slights, perhaps she could one day become qualified.

The conservative movement is parodying itself, insisting on affirmative action to benefit it’s unqualified members so that they can get jobs other than on the merits.

And it would be funny, if it weren’t so cynical and self interested.

Posted by: Anon | Jul 16, 2014 8:12:04 AM

I've always thought she had a good case, and it won't be the last one.

Posted by: michael livingston | Jul 16, 2014 5:47:41 AM

It's baby steps, but conservatives may ultimately gain justice on left-wing campuses. Also see: Adams v. The Trustees of the University of North Carolina–Wilmington

Posted by: Woody | Jul 15, 2014 7:00:11 PM