On June 27, 1997 the United States Supreme Court granted certiorari in Board of Education v. Taxman to review a judgment of the United States Court of Appeals for the Third Circuit. That court had ruled, en banc, that the school board in Piscataway, New Jersey violated Title VII when it chose to lay off Sharon Taxman, a teacher at Piscataway High School, rather than Debra Williams, her colleague. Taxman quickly became the most anticipated decision of the Term. However, the case settled in November 1997 before argument, so the issues it raised are unresolved. Taxman quickly became the most anticipated decision of the Term. However, the case settled in November 1997 before argument, so the issues it raised are unresolved. This article is an introduction to two mock opinions. The first represents Professor McGinley’s best estimate, having read the briefs and the record, of what the Court would have said had it reversed the Third Circuit. The second is Professor Yelnosky’s best estimate of what the Court would have said had it affirmed. Each opinion is preceded by a foreword in which the author discusses the issues confronted and the decisions made in “resolving” the case.
4 Roger Williams U. L. Rev. 205 (1998).
McGinley, Ann C. and Yelnosky, Michael J., "Board of Education v. Taxman: The Unpublished Opinions" (1998). Scholarly Works. Paper 161.