Tristin Green

Tristin Green, Associate Dean for Research, Professor of Law, William M. Rains Fellow

• Employment Discrimination
• Trusts & Wills
• Civil Procedure
• Property
• Torts
• Work, Gender, and the Law

Links

• CV
• SSRN
• Racial Emotion at Work

Education 

• BS, University of California, Los Angeles
• MSJ, Medill School of Journalism, Northwestern University
• JD, University of California, Berkeley

Background

Tristin 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. Her research and teaching interests include feminist legal theory, employment discrimination, race, gender and queer theory, status identity and emotions, torts, and administrative structures, including wealth transfer systems and civil procedure. 

Green 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 and enhance equality. Her recent book, Racial Emotion at Work: Dismantling Discrimination and Building Racial Justice in the Workplace, was released by the University of California Press in October 2023. The book spotlights the role of our racial emotions in interracial interactions and calls for sweeping changes in how the law and organizations treat and shape racial emotions at work. She has authored more than twenty chapters, articles, and essays, which have appeared in the Southern California Law Review, Yale Law Journal Forum, Harvard Civil Rights and Civil Liberties Law Review, and California Law Review, among others. Her book, Discrimination Laundering: The Rise of Organizational Innocence and the Crisis of Equal Opportunity Law, was published by Cambridge University Press in 2017. 

Green clerked for Judge Garland E. Burrell in the Eastern District of California and Judge Dolores K. Sloviter on the Third Circuit Court of Appeals.  She has been a visiting professor at Berkeley Law and taught at Seton Hall Law before joining the University of San Francisco Law School, where she was co-director of the Work Law and Justice program and served as Associate Dean for Faculty Scholarship and Associate Dean for Academic Affairs. In summer 2023, she was in residence at the Equality and Social Justice Residence at King’s College in London.

Green co-organizes (with Angela Onwuachi-Willig, Boston University Law, and Leticia Saucedo, UC Davis Law) the annual Equality Law Scholars’ Forum, designed to mentor junior faculty across areas of equality law, broadly conceived, and to generate conversation among scholars on current issues in the field. Call for Proposals (Fall 2024)

Selected Books and Book Chapters

Racial Emotion at Work: Dismantling Discrimination and Building Racial Justice in the Workplace, (University of California Press 2023).  SSRN

Discrimination Laundering: The Rise of Organizational Innocence and The Crisis of Equal Opportunity Law, (Cambridge University Press 2017).  SSRN

Sex-Based Discrimination: Text, Cases and Materials, 7^th Edition (Thomson West 2011), with Herma Hill Kay.

Love Match or Compatible in Theory? Charting the Relationship Between Critical Race Theory and Queer Theory in Legal Scholarship, in Oxford Handbook of Race and the Law (Khiara Bridges, Devon Carbado, Emily Houh, eds.) (Oxford University Press, forthcoming 2023), with Camille Gear Rich.

Antiracist Admissions in the Second Wave of Colorblindness, in Admissions and Financial Aid, Volume 3, in Building an Anti-Racist Law School, Legal Academy, and Legal Profession Book Series (Jay Austin, ed., Reaffirming Individuals Supporting Education (Rise) Alliance, LSAC) (University of California Press, forthcoming 2023), with Camille Gear Rich.

Feminism and #MeToo: The Power of the Collective, in Oxford Handbook of Feminism and the Law in the United States (Deborah L. Brake, Martha Chamallas, & Verna L. Williams eds.) (Oxford University Press 2021).  SSRN

Wal-Mart v. Dukes Rewritten, in Feminist Judgments: Employment Discrimination Opinions Rewritten (Ann C. McGinley & Nicole B. Porter, eds.) (Cambridge University Press 2021).

Selected Law Review and Journal Articles

I’ll See You at Work: Spatial Features and Discrimination, 55 UC Davis Law Review 141 (2021). SSRN

Rethinking Racial Entitlements: From Epithet to Theory, 93 Southern California Law Review 217 (2020).  SSRN

The Juxtaposition Turn: Watson v. Fort Worth Bank & Trust, 50 Seton Hall Law Review 1445 (2020) (symposium honoring the work of Charles Sullivan).

Was Sexual Harassment Law a Mistake? The Stories We Tell, 128 Yale Law Journal Forum 152 (2018). SSRN

Social Closure Discrimination, 39 Berkeley Journal of Employment and Labor Law 1 (2018) with Catherine Albiston (law and sociology).

America is from Venus, France is from Mars: Pinups, Policing, and Gender Equality, 20 Employee Rights and Employment Policy Journal (2016). 

On Employment Discrimination and Police Misconduct: Title VII and the Mirage of the “Monell Analogue”, 95 Boston University Law Review 1077 (2015).

Civil Rights Lemonade:  Title VII, Gender and Working Options for Working Families, 10 Stanford Journal of Civil Rights & Civil Liberties (2014).

Racial Emotion in the Workplace, 86 Southern California Law Review 959 (2013).

“It’s Not You; It’s Me”: Assessing an Emerging Relationship Between Law and Social Science, 46 Connecticut Law Review 287 (2013).

The Future of Systemic Disparate Treatment Law, 32 Berkeley Journal of Employment and Labor Law 397 (2011).

Race and Sex in Organizing Work: “Diversity,” Discrimination, and Integration, 59 Emory Law Journal 585 (2010).  SSRN

Discrimination-Reducing Measures at the Relational Level, 59 Hastings Law Journal 1435 (2008), with Alexandra Kalev (sociology).

Insular Individualism:  Employment Discrimination Law After Ledbetter v. Goodyear, 43 Harvard Civil Rights – Civil Liberties Law Review 353 (2008).

Discomfort at Work: Workplace Assimilation Demands and the Contact Hypothesis, 86 North Carolina Law Review 379 (2008).

A Structural Approach as Antidiscrimination Mandate: Locating Employer Wrong, 60 Vanderbilt Law Review 849 (2007).

Work Culture and Discrimination, 93 California Law Review 623 (2005).

Targeting Workplace Context: Title VII as a Tool for Institutional Reform, 72 Fordham Law Review 659 (2003).

Discrimination in Workplace Dynamics: Toward a Structural Account of Disparate Treatment Theory, 38 Harvard Civil Rights – Civil Liberties Law Review 91 (2003).