George Rutherglen

  • Distinguished Professor of Law
  • Earle K. Shawe Professor of Employment Law

George Rutherglen joined Virginia's law faculty in 1976. He teaches admiralty, civil procedure, employment discrimination and professional responsibility.

While he was a student at law school, Rutherglen was articles editor of the California Law Review and a member of the Order of the Coif. After graduation, he clerked for Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit in San Diego, and Justices William O. Douglas and John Paul Stevens of the U.S. Supreme Court.

Rutherglen has chaired the advisory committee on Fourth Circuit Rules and served as director of the Graduate Program for Judges at the Law School. He has written widely on employment discrimination, civil rights and admiralty.

Scholarship Profile: Connecting Civil Rights and Civil Procedure (Virginia Journal 2006)

Education

  • J.D.
    University of California at Berkeley School of Law
    1974
  • A.B.
    University of California at Berkeley
    1971

Works in Progress

The Contentious Past and the Uncertain Future of Employment Discrimination Law (2023).

Books

Civil Rights in the Shadow of Slavery: The Constitution, Common Law, and the Civil Rights Act of 1866, Oxford University Press (2013).
The United States Courts of Appeals: Reexamining Structure and Process after a Century of Growth, American Bar Association Standing Committee on Federal Judicial Improvements (1989).

Textbooks

Transnational Civil Litigation: Principles and Prospects, Foundation Press (2 ed. 2022).
Employment Discrimination Law: Visions of Equality in Theory and Doctrine, Foundation Press (1–5 ed. 2001–2021).
Civil Rights Actions: Enforcing the Constitution (with John C. Jeffries Jr., Pamela S. Karlan & Peter W. Low), Foundation Press (1–4 ed. 2000–2018).
Employment Discrimination: Law and Theory (with John J., Donohue), Foundation Press (4 ed. 2018).
Transnational Civil Litigation: Principles and Prospects, Foundation (2016).
Transnational Civil Litigation (with Michael G. Collins & Joachim Zekoll), Foundation (2013).
Employment Discrimination: Law and Theory (with John J., Donohue), Foundation Press (3 ed. 2012).
Major Issues in the Federal Law of Employment Discrimination (with Kris Markarian), Federal Judicial Center (5 ed. 2012).
Civil Rights Actions: Enforcing the Constitution 2011 Supplement (with John C. Jeffries Jr., Pamela S. Karlan & Peter W. Low), Foundation Press (2011).
Employment Discrimination: Law and Theory, 2011 Supplement (with John J., Donohue), Foundation Press (2011).
Employment Discrimination: Law and Theory (with John J., Donohue), Foundation Press (2 ed. 2009).
Employment Discrimination: Law and Theory (with John J., Donohue), Foundation Press (1 ed. 2005).
Major Issues in the Federal Law of Employment Discrimination, Federal Judicial Center (4 ed. 2004).
Major Issues in the Federal Law of Employment Discrimination, Federal Judicial Center (3 ed. 1996).
Major Issues in the Federal Law of Employment Discrimination, Federal Judicial Center (2 ed. 1988).
Major Issues in the Federal Law of Employment Discrimination, Federal Judicial Center (1 ed. 1983).

Book Chapters

Territoriality and Its Troubles, in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law, Oxford University Press, 371–390 (2020).
The Origins of Arguments over Reverse Discrimination: Lessons from the Civil Rights Act of 1866, in The Greatest and the Grandest Act: The Civil Rights Act of 1866 from Reconstruction to Today, Southern Illinois University Press, 209–233 (2018).
Civil Rights Act, in The American Middle Class: An Economic Encyclopedia of Progress and Poverty, Grenwood, 369–372 (2017).
Thirteenth Amendment, in American Governance, Macmillan Reference USA, 189–193 (2016).
“The Great Task Remaining Before Us”:  Lincoln and Reconstruction, in The Gettysburg Address: Perspectives on Lincoln's Greatest Speech, Oxford University Press, 191–210 (2015).
Sovereignty, Territoriality, and the Enforcement of Foreign Judgments (with James Y. Stern), in Foreign Court Judgments and the United States Legal System, Brill Nijhoff, 13–24 (2014).
Concrete or Abstract Conceptions of Discrimination, in Philosophical Foundations of Discrimination Law, Oxford University Press, 115–137 (2013).
The Badges and Incidents of Slavery and the Power of Congress to Enforce the Thirteenth Amendment, in The Promises of Liberty: The History and Contemporary Relevance of the Thirteenth Amendment, Columbia University Press, 163–181 (2010).
Civil Rights in Private Schools: The Surprising Story of Runyon v. McCrary, in Civil Rights Stories, Foundation Press, 111–130 (2008).
Sovereign Immunity, in Benedict on Admiralty, Matthew Bender, 4–1 to 4 (2004).
Affirmative Action in Faculty Appointments: A Guide for the Perplexed, in Diversity and Community in the Academy: Affirmative Action in Faculty Appointments, Rowman and Littlefield, 181–204 (1997).
Claims of Employment Discrimination under Title VII of the Civil Rights Act of 1964, in Statistical Methods in Discrimination Litigation, Marcel Dekker, 33–54 (1986).

Articles & Reviews

A Choice by Any Other Name: Ad Hoc Substitutes for Choice of Law, 63 Virginia Journal of International Law Online 1–18 (2022).
Universal Injunctions: Why Not Follow the Rule?, 107 Virginia Law Review Online 300–316 (2021).
Admiralty, Human Rights, and International Law, 62 Virginia Journal of International Law 181–202 (2021).
Disaggregated Discrimination and the Rise of Identity Politics, 26 William & Mary Journal of Race, Gender, and Social Justice 391–423 (2020).
Reconstruction in Legal Theory, 105 Minnesota Law Review Headnotes 95–110 (2020).
Self-Portrait in a Complex Mirror: Reflections on The Making of a Justice: Reflections on My First 94 Years by John Paul Stevens, 106 Virginia Law Review Online 28–46 (2020).
Statutes of Limitations: Claims Forgotten, Forgiven, or Foregone?, 72 Rutgers University Law Review 1–37 (2019).
The Problem with Procedure: Some Inconvenient Truths about Aspirational Goals, 56 San Diego Law Review 1–30 (2019).
The Thirteenth Amendment in Legal Theory, 104 Cornell Law Review Online 160–172 (2019).
In What Sense a Coup? A Review of The Framers’ Coup: The Making of the United States Constitution by Michael J. Klarman (reviewing Michael J. Klarman, The Framers’ Coup: The Making of the United States Constitution) 34 Journal of Law & Politics 117–130 (2018).
The Rights of Aliens under the United States Constitution: At the Border and Beyond, 57 Virginia Journal of International Law 707–734 (2018).
The Rule of Recognition in Reconstruction: A Review of Secession on Trial: The Treason Prosecution of Jefferson Davis, by Cynthia Nicoletti, 103 Virginia Law Review 72–94 (2017).
What Happened to the Framers of the Federal Rules? Generational Change and the Transformation of the Rulemaking Process, 42 Journal of Supreme Court History 193–201 (2017).
Fisher II: Whose Burden, What Proof?, 20 The Green Bag Second Series 19–32 (2016).
Personal Jurisdiction and Political Authority, 32 Journal of Law & Politics 1–42 (2016).
The Constitution and Slavery Overseas, 39 Seattle University Law Review 695–725 (2016).
Private Rights and Private Actions: The Legacy of Civil Rights in the Enforcement of Title VII, 95 Boston University Law Review 733–757 (2015).
Title VII as Precedent: Past and Prologue for Future Legislation, 10 Stanford Journal of Civil Rights & Civil Liberties 159–189 (2014).
Constitutionalizing Employees’ Rights: Lessons from the History of the Thirteenth Amendment, 27 Wisconsin Journal of Law, Gender, & Society 162–175 (2012).
The Thirteenth Amendment, the Power of Congress, and the Shifting Sources of Civil Rights Law, 112 Columbia Law Review 1551–1584 (2012).
The Way Forward After Wal-Mart, 88 Notre Dame Law Review 871–898 (2012).
Wal-Mart, AT&T Mobility, and the Decline of the Deterrent Class Action, 98 Virginia Law Review in Brief 24–31 (2012).
Review of Tsesis, We Shall Overcome: A History of Civil Rights and the Law (reviewing Alexander Tsesis, We Shall Overcome: A History of Civil Rights and the Law) 28 Law & History Review 887–889 (2010).
Ricci v DeStefano: Affirmative Action and the Lessons of Adversity, 2009 Supreme Court Review 83–114 (2009).
Textual Corruption in the Civil Rights Cases, 34 Journal of Supreme Court History 164–169 (2009).
Public Employee Speech in Remedial Perspective, 24 Journal of Law & Politics 129–168 (2008).
State Action, Private Action, and the Thirteenth Amendment, 94 Virginia Law Review 1367–1406 (2008).
Structural Reform Revisited (with John C. Jeffries Jr.), 95 California Law Review 1387–1422 (2007).
Deforming the Federal Rules: An Essay on What’s Wrong with the Recent Erie Decisions (with Earl C. Dudley Jr.), 92 Virginia Law Review 707–748 (2006).
Disparate Impact, Discrimination, and the Essentially Contested Concept of Equality, 74 Fordham Law Review 2313–2338 (2006).
Lawyer for the Organization: An Essay on Legal Ethics, 1 Virginia Law & Business Review 141–164 (2006).
Private Law and Public Reason, 92 Virginia Law Review 1503–1515 (2006).
Controversy, Consensus, and the Concept of Discrimination, 49 St. Louis University Law Journal 1021–1028 (2005).
Distributing Justice: The September 11th Victim Compensation Fund and the Legacy of the Dalkon Shield Claimants Trust, 12 Virginia Journal of Social Policy & the Law 673–713 (2005).
Custom and Usage as Action under Color of State Law: An Essay on the Forgotten Terms of Section 1983, 89 Virginia Law Review 923–977 (2003).
Teaching Procedure: Past and Prologue, 47 St. Louis University Law Journal 13–20 (2003).
The Improbable History of Section 1981: Clio Still Bemused and Confused, 2003 Supreme Court Review 303–355 (2003).
Future Claims in Mass Tort Cases: Deterrence, Compensation, and Necessity, 88 Virginia Law Review 1989–2007 (2002).
Structural Uncertainty over Habeas Corpus & the Jurisdiction of Military Tribunals, 5 The Green Bag Second Series 397–406 (2002).
International Shoe and the Legacy of Legal Realism, 2001 Supreme Court Review 347–374 (2001).
Sovereign Immunity, 31 Journal of Maritime Law & Commerce 317–334 (2000).
Dead Ships, 30 Journal of Maritime Law & Commerce 677–690 (1999).
Ironies, Inconsistencies, and Intercollegiate Athletics: Title IX, Title VII, and Statistical Evidence on Discrimination (with Earl C. Dudley Jr.), 1 Virginia Journal of Sports & Law 177–233 (1999).
A Farewell to Tournaments?: The Need for an Alternative Explanation of Law Firm Structure and Growth (with Kevin A. Kordana), 84 Virginia Law Review 1695–1705 (1998).
Pleasure Boating and Admiralty: Increasing Conformity and Decreasing Significance, 29 Journal of Maritime Law & Commerce 305–316 (1998).
The Influence of Feminism on American Law: The Case of Employment Discrimination, America Ho, Japanese Journal of American Law (1998).
Better Late than Never: Notice and Opt Out at the Settlement Stage of Class Actions, 71 NYU Law Review 258–295 (1996).
Disabilities, Discrimination, and Reasonable Accommodation (with Pamela S. Karlan), 46 Duke Law Journal 1–41 (1996).
The Federal Rules for Admiralty and Maritime Cases: A Verdict of Quiescent Years, 27 Journal of Maritime Law & Commerce 581–607 (1996).
Discrimination and Its Discontents, 81 Virginia Law Review 117–147 (1995).
From Race to Age: The Expanding Scope of Employment Discrimination Law, 24 Journal of Legal Studies 491–521 (1995).
Sexual Harassment: Ideology or Law?, 18 Harvard Journal of Law & Public Policy 487–499 (1995).
Not with a Bang but with a Whimper: Collisions, Comparative Fault, and the Rule of The Pennsylvania, 67 Tulane Law Review 733–748 (1993).
Reconsidering Burdens of Proof: Ideology, Evidence, and Intent in Individual Claims of Employment Discrimination, 1 Virginia Journal of Social Policy & the Law 43–85 (1993).
Reconstructing Erie: A Comment on the Perils of Legal Positivism, 10 Constitutional Commentary 285–296 (1993).
The Theory of Comparable Worth as a Remedy for Discrimination, 82 Georgetown Law Journal 135–146 (1993).
Abolition in a Different Voice, 78 Virginia Law Review 1463–1480 (1992).
After Affirmative Action: Conditions and Consequences of Ending Preferences in Employment, 1992 University of Illinois Law Review 339–366 (1992).
Dilemmas and Disclosures: A Comment on Client Perjury, 18 American Journal of Criminal Law 267–278 (1992).
Admiralty and Bankruptcy Revisited: Effects of the Bankruptcy Reform Act of 1978, 65 Tulane Law Review 503–534 (1991).
Legal Theory and the Common Law (reviewing Melvin Aron Eisenberg, The Nature of the Common Law) 76 Virginia Law Review 1441–1447 (1990).
The Contemporary Justification for Maritime Arrest and Attachment, 30 William & Mary Law Review 541–579 (1989).
Affirmative Action under the Constitution and Title VII: from Confusion to Convergence (with Daniel R. Ortiz), 35 UCLA Law Review 467–518 (1988).
Disparate Impact under Title VII: An Objective Theory of Discrimination, 73 Virginia Law Review 1297–1345 (1987).
Theories of Free Speech (reviewing Eric Barendt, Freedom of Speech) 7 Oxford Journal of Legal Studies 115–124 (1987).
Procedures and Preferences: Remedies for Employment Discrimination, 5 Review of Litigation 73–122 (1986).
Notice, Scope, and Preclusion in Title VII Class Actions, 69 Virginia Law Review 11–84 (1983).
Conflicts of Law and Morality—The Relevance of Moral Reasoning, 67 Virginia Law Review 237–248 (1981).
Title VII Class Actions, 47 University of Chicago Law Review 688–741 (1980).
Sexual Equality in Fringe-Benefit Plans, 65 Virginia Law Review 199–256 (1979).

Op-Eds, Blogs, Shorter Works

From the Sword of Damocles to Acupuncture Needles – A Commentary on Pressure Point: The ICC’s Impact on National Justice, Justice in Conflict (December 7, 2018).
The Voting Rights Act of 1965 in Historical Perspective, UVA Lawyer 90 (2015).
The Legacy of a Moderate, SCOTUSblog (May 26, 2010).
A Tribute to Earl C. Dudley, 94 Virginia Law Review 1283–1287 (2008).
John McCoid: Colleague and Friend, 80 Virginia Law Review 1203–1206 (1994).
Friendly Adversaries, Judicature 49–50 (July, 1993).
Legal Issues Raised by Policy (with Earl C. Dudley Jr.), University Journal 3 (February 18, 1991).
Tribute: Retirement of Sanford Kadish, 79 California Law Review 1413–1414 (1991).
Legal Education: The Artificial Reason of the Law, Virginia Law School Report 11–12 (1989).
Affirmative Action: Confusion, Compromise, or Consensus? (with Daniel R. Ortiz), Virginia Law School Report 17–21 (1987).

Current Courses

Civil Procedure
Employment Discrimination

All Courses

Admiralty
Employment Discrimination
Institute for Practical Ethics Co-Sponsored Seminars
Professional Responsibility
Sex Discrimination
Seminar in Ethical Values

IN THE NEWS

04/27/2023
Port of Entry (Virginia Business)
01/26/2023
Brackney Attorney Faces Steep Climb If He Appeals, Lawyers Say (The Daily Progress)
01/24/2023
Judge Dismisses Former Charlottesville Police Chief Brackney’s Racial Discrimination Suit (Charlottesville Tomorrow)
10/31/2022
Anti-Slavery Measures Stir Debate On Prisoners’ Wage Rights (Law360)
10/17/2022
Charlottesville City Council Gets New Personnel Policies in Wake of Employee Attending Jan. 6 Capitol Invasion (The Daily Progress)
11/09/2021
Former Police Chief Brackney Demands $3 Million From City, Alleges Wrongful Termination (Charlottesville Tomorrow)
10/25/2021
The Charlottesville Rally Civil Trial, Explained (The New York Times)
08/17/2020
Can Bitcoin Be Sued? (Forbes)
06/15/2020
High Court Rules Civil Rights Law Protects LGBT Workers (Courthouse News Service)
06/09/2020
US Challenges Planned Expedition To Retrieve Titanic’s Radio (The Associated Press)
03/08/2019
Plaintiffs File Motion To Dismiss Lawsuit Alleging Hostile Work Environment at County DSS (Danville Register & Bee)
11/20/2018
Deadly Disease Goes Untreated in State Prisons (WVTF Radio)
09/17/2018
Thousands of Virginia Inmates Are Believed To Have Hepatitis C and Can’t Access the Cure (The Virginia Mercury)
09/17/2018
Hepatitis C Ruling in VA Could Impact Prisons Across Country (Public News Service)
07/08/2018
Supreme Court Vacancy: Prepare For a Game-Changer, Experts say (The News Gazette)
07/06/2018
George Mason University Foundation Is Not Subject to Public Records Laws, Judge Rules (The Washington Post)
06/20/2018
Johnson, ABC Reach $250K Settlement Over 2015 Arrest (The Daily Progress)
04/14/2017
The Debate Over Hep-C Treatments for Inmates (WVTF Radio IQ)
04/10/2017
UVa Professor Sees Work for Inmate With Untreated Hepatitis C as 'Tip of a Very Big Iceberg' (The Daily Progress)
04/03/2017
Law Professor Sues to Secure Medical Treatment for Inmate (The Cavalier Daily)
03/28/2017
UVA Law Professor Representing Buckingham Inmate in Federal Suit (NBC29 News)
02/26/2017
Judge Nixes Attempt by VEDP to Change Lawyers (The Roanoke Times)
01/03/2017
Law Profs Examine 8 Legal Landmarks of 2016, and What They May Mean in 2017 (UVA Today)
10/21/2016
Spotsylvania Policy No Longer Explicitly Bars Discrimination Against Gay Employees (The Free Lance-Star)
08/02/2016
The New Thorn in the Side of Big Banks (The Wall Street Journal)
08/02/2016
The New Thorn in the Side of Big Banks (The Wall Street Journal)
03/17/2016
Racial and Ethnic Discrimination Charges Fly in TV Distribution Fights (Variety)
03/06/2016
Legal Experts: Saying Erin Andrews Benefited from Peephole Video is a Bad Defense (The Washington Post)
12/26/2015
Henderson's Amendment Still Striking Chords (Hannibal Courier-Post)
06/04/2015
Rapper Pusha T Denied Entry to Virginia Nightclub, Claims Racism; Club Attorney Denies Claims (StarTribune)
01/27/2015
Recruit Me With A Manicure (Bloomberg Businessweek)
01/20/2015
Texas Housing Case Tests Civil-Rights Doctrine (The Wall Street Journal)
07/16/2014
The Government Tells Employers to Stop Illegally Firing Expectant Parents (Vox)
07/02/2014
Monumental 1964 Civil Rights Act Has 19th Century Roots (Christian Post)
04/25/2013
Virginia Supplies Strong Influence on Supreme Court (Region's Business)
10/11/2012
Supreme Court Considers Constitutionality of Affirmative Action (The Cavalier Daily)
08/17/2012
Is Facebook Free Speech? UVA Law Profs Weigh In On Hampton Firings (The Daily Progress)
11/08/2010
Federal Judges in Norfolk Wrestle Over Definition of Piracy (Virginian-Pilot)
05/26/2010
The Legacy of a Moderate (SCOTUS Blog)
05/18/2010
Elena Kagan Law Articles Not So Easy to Count (PolitiFact)
02/23/2010
Gay Community Upset with McDonnell's Executive Order (The Collegiate Times)
10/01/2009
Chester to Return to Court (The News Virginian)
06/29/2009
Court Topples Sotomayor Ruling In Firefighter Case (NPR)
03/19/2008
Verizon not upfront on Contract Terms (Los Angeles Times)
10/17/2007
Entities Notified of Potential Shooting Suits / Twenty-Five Victims or Their Families Have Filed, and One Notice Warned of a Possible Class-Action Suit (Roanoke Times)
09/08/2006
Hampton, Wallace May Try to Settle Suits (Newport News Daily Press)
01/28/2006
College Survey/Viewpoints Vary Widely on Sexual Harassment (The Richmond Times-Dispatch)
01/25/2006
One-Quarter of College Students Cite Unwanted Sexual Contact (The New York Times)
11/24/2005
University Fires Charter Critic (Charlottesville Daily Progress)
03/05/2005
Federal Case Continues for Giles School Workers/Two Women Who Worked as Janitors Say They Faced Retaliation and Continued Abuse After Complaining About a Supervisor's Alleged Sexual Harassment (Roanoke Times)
12/14/2004
Lawyer Files GOP Ethics Complaint (The Daily Progress)
03/09/2004
Judge Violated Rules of Conduct, Experts Say/ 'You're Not Supposed to Do Anything That Calls into Question the Public Trust' (Richmond Times-Dispatch)
10/20/2003
Do Outside Ties Influence Choices in Chesapeake (The Virginian-Pilot)
09/01/2003
Supreme Court Wrap-Up: Part 1 (Virginia Employment Law Letter)
02/02/2003
Goodlatte's Resume Goes Beyond Her Name (Roanoke Times & World News)
12/09/2002
Elections WIll Let Bush's Conservatism Outlive Him (Connecticut Law Tribune)
10/27/2002
Justice Stevens Still a 'Wild Card' (AP/Washington Post)

AT UVA LAW

The Affirmative Action Cases at the Supreme Court
Sizing Up the Supreme Court Term
Faculty Focus: Civil Litigation and Democratic Process
The Continuing Relevance of Admiralty Law
Discrimination in the Workplace: Title VII, Sexual Orientation and Gender Identity
Former Clerk George Rutherglen Remembers Justice John Paul Stevens
The Fourth Restatement’s Ambitions
Professor Wins Medical Treatment for Prisoner With Hepatitis C
From "He Said, She Said" to "Me, Too": Successes and Shortcomings in the Law of Sexual Harassment
Professor Represents Inmate Fighting to Receive Lifesaving Treatment for Hepatitis C
Fisher v. University of Texas and the Future of Affirmative Action
The Legal Landmarks of 2016
Food for Thought: Incubator Lunches Allow Professors to Audition Ideas for Scholarship
Sizing Up the Supreme Court
Professor George Rutherglen's New Book Provides Structure to Concepts in International Civil Litigation
UVA Law Faculty Comment on Key Supreme Court Decisions
Media Tip Sheet: UVA Law Experts Available for Comment on Supreme Court Decisions
UVA Law Professor's Book Explores Untold Story of Impact of 1866 Civil Rights Act
UVA Law Professors: Supreme Court Overturning Voting Rights Act Could Make for 'Rocky Ride'
UVA Law Professors Preview Supreme Court Case Involving Affirmative Action in College Admissions
Are Facebook 'Likes' Protected by the First Amendment?
Rutherglen on Employees' Rights and Lessons from the History of the 13th Amendment
"Wal-Mart v. Dukes: Curbing Class Action Abuse or Slashing Workers' Rights?"
2011 Supreme Court Roundup, with Professors A. E. Dick Howard, Leslie Kendrick, Toby Heytens, David Martin and George Rutherglen
Expert Panel: High Executive Pay Ethically Problematic in Poor Economy
Expert Panel: High Executive Pay Ethically Problematic in Poor Economy
Rutherglen Awarded Traynor Prize
Sizing Up the Supreme Court Term
The Affirmative Action Cases at the Supreme Court

Featured Scholarship