Tenured and Tenure-Track Faculty
Melissa Hart

Professor of Law, Director of the Byron R. White Center
Civil Procedure, Employment Discrimination, and Legal Ethics and Professionalism

University of Colorado Law School
425 Wolf Law Building
401 UCB
Boulder, CO  80309-0401
Office: 424
Phone: (303) 735-6344
E-mail: melissa.hart@colorado.edu

Curriculum Vitae:  View (PDF format)

Educational Background:
J.D.   Harvard Law School   1995   magna cum laude
B.A.   Harvard-Radcliffe College   1991   cum laude
Bio:
Melissa Hart devotes her teaching and scholarship to employment discrimination, civil procedure and constitutional law. She has been teaching at the University of Colorado Law School since 2000 and has been the Director of the Byron R. White Center for the Study of American Constitutional Law in 2010. A 1995 graduate of Harvard Law School, Professor Hart clerked for Judge Guido Calabresi of the Second Circuit and for Justice John Paul Stevens on the United States Supreme Court. Professor Hart practiced law for several years in Washington, D.C., including as a Trial Attorney at the U.S. Department of Justice.

Professor Hart runs the Colorado Law School chapter of the Marshall-Brennan Constitutional Literacy Project, a national program that sends law school students into high schools to teach constitutional law. She remains active in the legal community, serving on the Colorado Access to Justice Commission, the Colorado Supreme Court's Judicial Ethics Advisory Committee and Board of Continuing Judicial and Legal Education. She has authored several amicus briefs in employment discrimination cases before the U.S. Supreme Court and in other matters before several courts of appeals. Professor Hart is the 2012 president of the American Association of Law Schools Section on Civil Rights, and was the president of the section on Employment Discrimination in 2008. She is on the editorial board of the peer-reviewed Employee Rights and Employment Policy Journal and is a member of the Executive Committee of the Labor Law Group.

Works In Progress

The Anti-Discrimination Principles of the Affordable Care Act. Arguing that the Affordable Care Act should be understood as a civil rights measure and that the civil rights commitments underlying the law offer additional support for its constitutional legitimacy.
Class, Race and Equal Opportunity(with Matthew Gaertner). Presenting the results of a class-based affirmative action policy employed at a large public university and exploring the legal issues that may arise with admissions policies as the Supreme Court's affirmative action jurisprudence develops.
Learning by Doing? The Effectiveness of Pro Bono Representation as an Educational Tool.
Is Constitutional Literacy a Neutral Concept? (forthcoming University of Denver Law Review 2013).

Published Books

Hart (with Dianne Avery, Maria Ontiveros, Roberto Corrada, and Michael Selmi), Employment Discrimination Law: Cases and Material on Equality in the Workplace, (Thomson/West, 8th ed. 2010).

Articles

Civil Rights and Systemic Wrongs, 32 Berkeley J. Emp. & Lab. L. 455 (2011).
From Wards Cove to Ricci: Struggling Against the "Built-in Headwinds" of a Skeptical Court, 46 Wake Forest L. Rev. 261 (2011).
Business-Like: The Supreme Court's 2009-2010 Labor and Employment Decisions, 14 Emp. Rts. & Emp. Pol'y J. 207 (2010).
Hart (with Paul Secunda), A Matter of Context: Social Framework Evidence in Employment Discrimination Class Actions,, 78 Fordham L. Rev. 37 (2009).
Procedural Extremism: The Supreme Court's 2008-09 Labor and Employment Cases, 13 Emp. Rts. & Emp. Pol'y J. 253 (2009).
Hart (panel discussion with Minna J. Kotkin, Roberto Corrada, and Deborah Widiss), If It Is Broken, Then Fix It: Needed Reforms to Employment Discrimination Law, (2009 Annual Meeting of the Association of American Law Schools Section on Employment Discrimination Law), 13 Emp. Rts. & Emp. Pol'y J. 361 (2009).
Retaliatory Litigation Tactics: The Chilling Effects of "After-Acquired Evidence", 40 Ariz. St. L.J. 401 (2008).
Hart (with Marcia McCormick & Paul Secunda), Chained to Office Politics: Liberty Loses When Companies Herd Workers into 'Captive Meetings', Legal Times, Sept. 9, (2008).
Foreword, 79 U. Colo. L. Rev. unpaged (Second Annual Colloquium on Scholarship in Labor and Employment Law) (2008).
The Possibility of Avoiding Discrimination: Considering Compliance and Liability, 39 Conn. L. Rev. 1623 (2007). abstract
Disparate Impact Discrimination: The Limits of Litigation, The Possibilities for Internal Compliance, 33 J.C. & U.L. 547 (2007).
Public Interest Service at the University of Colorado School of Law, Jan. 2007, Colorado Lawyer at 55 (2007).
Dukes v. Wal-Mart: Size Is Not an Argument Against Class Certification, Class Actions & Derivative Suits (CADS) Report, Spring 2007, at 3 (2007).
Learning From Wal-Mart, 10 Employee Rts & Emp. Pol'y J. 355 (2006). abstract
Skepticism and Expertise: The Supreme Court and the EEOC, 74 Fordham L. Rev. 1947 (2006). abstract
Subjective Decisionmaking and Unconscious Discrimination, 56 Ala. L. Rev. 741 (2005). abstract
Will Employment Discrimination Class Actions Survive?, 37 Akron L. Rev. 813 (2004). abstract
Litigation Narratives: Why Jenson v. Eveleth Didn't Change Sexual Harassment Law, But Still Has a Story Worth Telling (Book Review of Class Action: The Story of Lois Jenson and the Landmark Case That Changed Sexual Harassment Law), 18 Berkeley Women's L. J. 282 (2003).
Conflating Scope of Right with Standard of Review: The Supreme Court's "Strict Scrutiny" of Congressional Efforts to Enforce the Fourteenth Amendment, 46 Villanova L. Rev. 1091 (2001).

Book Chapters

Implicit Bias in Employment Litigation in IMPLICIT RACIAL BIAS ACROSS THE LAW (with U.S. District Judge Nancy Gertner)(Cambridge University Press 2012).
Corning Glass Works v. Brennan, 417 U.S. 188 (1974), Dothard v. Rawlinson, 433 U.S. 321 (1977), Frontiero v. Richardson, 411 U.S. 677 (1973), Harris v. Forklift Systems, 510 U.S. 17 (1993), Kahn v. Shevin, 416 U.S. 351 (1974), and Price Waterhouse v. Hopk, Encyclopedia of the Supreme Court of the United States (David S. Tanenhaus ed., Macmillan Reference USA, 2008).

Press, Media & Publicity

Panel: Watch These Cases | Law Week Colorado | Monday, October 20, 2014
Students Focused On Giving Back | Law Week Colorado | Wednesday, June 11, 2014
US Supreme Court rejects sex bias case against retain giant Walmart | Yahoo News | Monday, June 27, 2011
Hostility toward working Women | New York Times, Room for Debate | Monday, June 27, 2011

Recent Colorado Law News

Apr 14, 2010 Clifford Calhoun Public Interest Award (WATCH VIDEO)

Courses:

Spring 2015 Employment Discrimination LAWS 7541-001
Spring 2015 Access to Justice?: The Provision of Legal Services for Middle- and Low-Income People LAWS 8785-001
Fall 2014 Legal Ethics and Professionalism LAWS 6103-803
Fall 2014 Education and the Constitution LAWS 7285-001
Spring 2014 Legal Ethics and Professionalism: What Kind of Lawyer Do You Want to Be LAWS 5103-001
Spring 2014 Employment Discrimination LAWS 7541-001
Fall 2013 Legal Ethics and Professionalism LAWS 6103-803
Fall 2013 Education and the Constitution LAWS 7285-001
Spring 2013 Legal Ethics and Professionalism: What Kind of Lawyer Do You Want to Be LAWS 5103-801
Spring 2013 Education and the Constitution LAWS 8285-801
Fall 2012 Education and the Constitution LAWS 8285-801