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Tristin Green

Professor, and Dean's Circle Scholar

Professor Green specializes in laws affecting inequality, especially employment discrimination law.  She brings to her teaching and her scholarship a background in journalism and sociology, and an interest in human relations and in the ways in which laws and contexts shape those relations.   She often draws on the social sciences in her work to better understand how discrimination operates and how laws can be better framed and implemented to reduce discrimination.  Professor Green is the author of numerous articles and essays.  Recent select publications include “Racial Emotion in the Workplace” (University of Southern California Law Review, 2013), “It’s Not You, It’s Me: Assessing an Emerging Relationship Between Law and Social Science” (Connecticut Law Review, 2013), “The Future of Systemic Disparate Treatment Law” (Berkeley Journal of Employment and Labor Law, 2011), “Race and Sex in Organizing Work: ‘Diversity,’ Discrimination, and Integration” (Emory Law Journal, 2010), “Insular Individualism: Employment Discrimination Law after Ledbetter v. Goodyear” (Harvard Civil Rights - Civil Liberties Law Review, 2008), and “Discrimination-Reducing Measures at the Relational Level” (Hastings Law Journal, 2008), with Alexandra Kalev.  She is also co-author with Herma Hill Kay of a casebook, Sex-Based Discrimination: Text, Cases, and Materials (2011).

Education
  • BS, UC Los Angeles
  • MSJ, Medill School of Journalism, Northwestern University
  • JD, UC Berkeley
Prior Experience
  • Professor, Seton Hall Law School
  • Visiting Professor, UC Berkeley School of Law
  • Law Clerk, Hon. Dolores K. Sloviter, U.S. Court of Appeals, Third Circuit
  • Law Clerk, Hon. Garland E. Burrell Jr., U.S. District Court, Eastern District of California
    TitleOutletsDate
    "Rescuing Disparate Treatment Law"Workplace Prof Blog03/25/11
    Books
    • Sex-Based Discrimination: Text, Cases, and Materials (West, Seventh Edition 2011). (Co-authored with Herma Hill Kay.)
    Law Review and Journal Articles
    • "Civil Rights Lemonade: Title VII, Gender, and Working Options for Working Families," 10 Stanford Journal of Civil Rights and Civil Liberties (2014). SSRN
    • "Racial Emotion in the Workplace,"  86 Southern California Law Review 959 (2013). Read More
    • "'It's Not You, It's Me': Assessing a Relationship Between Law and Social Science," 46 Connecticut Law Review 287 (2013). SSRN
    • "Racial Emotion in the Workplace," 86 Southern California Law Review (2013). SSRN
    • "The Future of Systemic Disparate Treatment Law," 32 Berkeley Journal of Employment and Labor Law 395 (2011). SSRN
    • "Race and Sex in Organizing Work: 'Diversity,' Discrimination, and Integration," 59 Emory Law Review 585 (2010). SSRN
    • "Discomfort at Work: Workplace Assimilation Demands and the Contact Hypothesis," 86 North Carolina Law Review 379 (2008). SSRN
    • "Discrimination-Reducing Measures at the Relational Level," 59 Hastings Law Journal 1435 (2008). (Co-authored with Alexandra Kalev.) SSRN
    • "Insular Individualism: Employment Discrimination Law After Ledbetter v. Goodyear," 43 Harvard Civil Rights – Civil Liberties Law Review 353 (2008). SSRN
    • "A Structural Approach as Antidiscrimination Mandate: Locating Employer Wrong," 60 Vanderbilt Law Review 849 (2007). SSRN
    • "Work Culture and Discrimination," 93 California Law Review 623 (2005). SSRN
    • "Discrimination in Workplace Dynamics: Toward a Structural Account of Disparate Treatment Theory," 38 Harvard Civil Rights – Civil Liberties Law Review 91 (2003). SSRN
    • "Targeting Workplace Context: Title VII as a Tool for Institutional Reform," 72 Fordham Law Review 659 (2003). SSRN
    Book Contributions
      Opinion Pieces and Blog Posts
        Other Publications
        • Book review of Critical Race Realism: Intersections of Psychology, Race, and Law (edited by Gregory S. Parks et al., 2008), 44:1 Law and Society Review 187 (2010).
        • Sidebar, "On Macaws and Employer Liability: A Response to Professor Zatz," 109 Columbia Law Review 107 (2009).
        • Comment, "Making Sense of the McDonnell Douglas Framework: Circumstantial Evidence and Proof of Disparate Treatment under Title VII," 86 California Law Review 983 (1999).
        • Comment, "Complete Preemption: Removing the Mystery from Removal," 86 California Law Review 363 (1998).
        Briefs
          Court Citation of Research
            Presentations
            • Presenter, "America is From Venus, France is From Mars:  A Transnational Perspective on Harassment Law," "AALS Workshop on Transnational Perspectives for Equality Law," Washington D.C. (June 2014).
            • Presenter, "Discrimination Laundering: The Rise of Organizational Innocence and the Future of Equal Opportunity Law," Seattle University School of Law, Seattle, Wash. (March 2014).
            • Panelist, "It’s Me, Not You: Assessing an Emerging Relationship Between Systemic Employment Discrimination Law and Social Science," The Association of American Law Schools 2013 Annual Meeting, "Global Education and the Legal Academy," New Orleans, La. (January 2013).
            • Presenter, "Racial Emotion in the Workplace," Thomas Jefferson School of Law Faculty Colloquium Series, San Diego, Calif. (February 2012).
            • Presenter, "Where Do 'We' Go from Here? The Implications of Wal-Mart v. Dukes," University of San Francisco School of Law (October 2011).
            • Panelist, "Racial Emotion in the Workplace," Sixth Annual Labor and Employment Colloquium, Los Angeles, Calif. (September 2011). (The event was co-sponsored by Loyola Law School, Southwestern Law School, and UCLA School of Law.)
            • Presenter, "The Future of Systemic Disparate Treatment Law: Dukes v. Wal-Mart and Views of Entity Responsibility," Association of American Law Schools "2011 Workshop on Women Rethinking Equality," Washington, D.C. (June 2011).
            • Presenter, "The Future of Systemic Disparate Treatment Law: Implications of Wal-Mart v. Dukes," University of San Francisco School of Law Justice Forum, (April 2011).
            • Workshop leader, "Working Group on the Future of Systematic Disparate Treatment Law," San Francisco, Calif. (March 2011). (Co-hosted with Noah Zatz.)
            • Presenter, "The Future of Systemic Disparate Treatment Law," University of North Carolina Faculty Workshop Series, Chapel Hill, N.C. (January 2011).
            • Moderator, "Does Race-Consciousness Advance Diversity?" Employment Discrimination Section Panel, Association of American Law Schools Annual Meeting, San Francisco, Calif. (January 2011). (Green also organized the panel.)
            • Commentator, "Seton Hall Employment and Labor Law Scholars' Forum," Newark, N.J. (January 2011).
            • Presenter, "Discrimination, Asbestos, and Guns," Loyola Law School Faculty Workshop, Los Angeles, Calif. (February 2010).
            • Presenter, "Discrimination, Asbestos, and Guns," Seton Hall Law School Fourth Annual Labor and Employment Law Scholars’ Colloquium, Newark, N.J. (September 2009).
            • Presenter, "Bringing the Relational into Anti-Discrimination Research and Theory Interdisciplinary Panel," Annual Law and Society Conference, Denver, Colo. (May 2009). (Co-organized with Alexandra Kalev.)
            • Presenter, "Organizational Structures and Relational Discrimination," UC Berkeley School of Law Conference on Building Theory through Empirical Legal Studies, Berkeley, Calif. (April 2009). (Co-presented with Alexandra Kalev.)
            • Presenter, "Race and Sex in Organizing Work," 2009 UCLA Critical Race Studies Symposium "Race in Colorblind Spaces," Los Angeles, Calif. (March 2009).
            • Presenter, "Race and Sex in Organizing Work," Northwestern University Law School Employment Law Colloquium, Chicago, Ill. (January 2009).
            • Presenter, Annual Seton Hall Law School Labor and Employment Law Scholars’ Forum, Newark, N.J. (October 2006, October 2007, October 2008).
            • Presenter, "Race and Sex in Organizing Work," University of San Diego Law School Third Annual Labor and Employment Law Scholars’ Colloquium, San Diego, Calif. (October 2008).
            • Presenter, "What Can Employers Do?" UC Hastings College of the Law, Hastings Law Journal and Center for WorkLife Law Symposium, San Francisco, Calif. (February 2008).
            • Presenter, "What Can Employers Do?" Association of American Law Schools Annual Meeting, Employment Discrimination and Remedies Joint Panel, New York, N.Y. (January 2008).
            • Presenter, "Discomfort at Work," University of San Francisco School of Law Faculty Workshop, (March 2007).
            • Presenter, "Discomfort at Work," Duke University School of Law Conference on Makeup, Grooming, Performance, and Discrimination, Durham, N.C. (October 2006).
            • Presenter, "A Structural Approach as Anti-Discrimination Mandate," Hofstra University School of Law Faculty Workshop, Hempstead, N.Y. (March 2006).
            • Presenter, "Gender Myths and Working Realities," Law and Society Association Annual Meeting, Las Vegas, Nev. (June 2005).
            • Presenter, "Work Culture and Discrimination," University of Connecticut Law School Faculty Workshop, Hartford, Conn. (March 2005).
            • Presenter, "Work Culture and Discrimination," Rutgers-Camden Law School Faculty Workshop, Camden, N.J. (October 2004).
            • Presenter, "Work Culture and Discrimination," Law and Society Association Annual Meeting, Chicago, Ill. (June 2004).
            • Presenter, "Targeting Workplace Context," Stanford University Law School and Yale University Law School Junior Faculty Forum, Palo Alto, Calif. (June 2003).
            Testimony and Hearings
              Written Testimony and Commentary
                Advisor or Consultant
                  Counsel
                    Symposia Organization
                    • Co-organizer, University of San Francisco School of Law Conference "Moving Equality Forward: A Conversation on Present and Future Directions of Lawyering for Equality" (March 2010)
                    • Co-organizer, University of San Francisco School of Law Jack Pemberton Lecture on Workplace Justice (March 2010)
                    • Co-organizer, Annual Seton Hall Law School Labor and Employment Law Scholars' Forum (October 2006, October 2007, October 2008)
                    Professional Membership
                    • Member, Order of the Coif
                    • Member, Law and Society Association
                    • Chair, Executive Committee of the Association of American Law Schools (AALS) Section on Employment Discrimination (2010)
                    • Chair-Elect, Executive Committee of the AALS Section on Employment Discrimination (2009)
                    • Secretary, Executive Committee of the AALS Section on Employment Discrimination (2008)
                    Fellowships
                      Other Service
                      • Co-organizer, University of San Francisco School of Law Annual Jack Pemberton Lecture on Workplace Justice, San Francisco, Calif. (March 2012).
                      • Co-organizer, The Future of Systemic Disparate Treatment Law Working Group (first meeting at the USF School of Law in March 2011). (The working group includes Richard Ford, Stanford University Law School; Melissa Hart, University of Colorado Law School; Michael Selmi, George Washington University Law School; and Noah Zatz, UC Los Angeles School of Law.)