George Rutherglen
Distinguished Professor of Law
Justice Thurgood Marshall Distinguished Professor of 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)
Works in Progress
Categorical Common Law: An Essay on Erie, Virginia Law Review (2025).
Books
After Affirmative Action: The Future of the Past in Employment Discrimination Law, Foundation Press (1 ed. 2024).
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 (with Michael G. Collins & Joachim Zekoll), West Academic (2 ed. 2023).
Civil Rights Actions: Enforcing the Constitution (with John C. Jeffries Jr., Pamela S. Karlan & Peter W. Low), Foundation Press (5 ed. 2022).
Transnational Civil Litigation: Principles and Prospects, Foundation Press (2 ed. 2022).
Employment Discrimination Law: Visions of Equality in Theory and Doctrine, Foundation Press (5 ed. 2021).
Civil Rights Actions: Enforcing the Constitution (with John C. Jeffries Jr., Pamela S. Karlan & Peter W. Low), Foundation Press (4 ed. 2018).
Employment Discrimination: Law and Theory (with John J., Donohue), Foundation Press (4 ed. 2018).
Employment Discrimination Law: Visions of Equality in Theory and Doctrine, Foundation Press (4 ed. 2017).
Transnational Civil Litigation: Principles and Prospects, Foundation (2016).
Civil Rights Actions: Enforcing the Constitution (with John C. Jeffries Jr., Pamela S. Karlan & Peter W. Low), Foundation Press (3 ed. 2013).
Transnational Civil Litigation (with Michael G. Collins & Joachim Zekoll), Foundation (1 ed. 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: Visions of Equality in Theory and Doctrine, Foundation Press (3 ed. 2010).
Employment Discrimination: Law and Theory (with John J., Donohue), Foundation Press (2 ed. 2009).
Civil Rights Actions: Enforcing the Constitution (with John C. Jeffries Jr., Pamela S. Karlan & Peter W. Low), Foundation Press (2 ed. 2007).
Employment Discrimination Law: Visions of Equality in Theory and Doctrine, Foundation Press (2 ed. 2007).
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).
Employment Discrimination Law: Visions of Equality in Theory and Doctrine, Foundation Press (1 ed. 2001).
Civil Rights Actions: Enforcing the Constitution (with John C. Jeffries Jr., Pamela S. Karlan & Peter W. Low), Foundation Press (1 ed. 2000).
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
Territoriality and Admiralty, 65 Virginia Journal of International Law 1 (2024).
A Choice by Any Other Name: Ad Hoc Substitutes for Choice of Law, 63 Virginia Journal of International Law Online 1–18 (2022).
Admiralty, Human Rights, and International Law, 62 Virginia Journal of International Law 181–202 (2021).
Universal Injunctions: Why Not Follow the Rule?, 107 Virginia Law Review Online 300–316 (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 (February, 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 (August, 1989).
Affirmative Action: Confusion, Compromise, or Consensus? (with Daniel R. Ortiz), Virginia Law School Report 17–21 (November, 1987).
Current Courses
All Courses
Admiralty
Employment Discrimination
Institute for Practical Ethics Co-Sponsored Seminars
Professional Responsibility
Sex Discrimination
Seminar in Ethical Values
In the Media
(Information Charlottesville)
(The Washington Post)
(The Associated Press)
Education
J.D.
,
University of California at Berkeley School of Law
,
1974
A.B.
,
University of California at Berkeley
,
1971
Expertise
- Employment discrimination
- Admiralty law
- Civil procedure
- Conflict of laws
- Federal courts
- Legal philosophy
- Professional responsibility
- Affirmative action
- Sexual harassment
- Sexual discrimination
Featured Scholarship
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This book responds to a sea change in federal civil rights law. Its focus is on the recent decisions on affirmative action, almost entirely rejecting...
The concept of territoriality does not appear to fit very well with the limits on state power in admiralty. Territoriality refers to land while...