The Philadelphia Bar Association has announced that Mark Franek
'13 has won the Ruth Bader Ginsburg "In Pursuit of Justice" writing
competition with his essay, "Bending Toward Justice: Why Plaintiffs
Deserve a Mixed-Motives Cause of Action for Retaliation under Title
VII." In the essay, Mark makes the case for Congressional
expansion of the mixed-motives framework to explicitly cover
retaliation and to arm the framework with some form of required
economic recovery for plaintiffs and for plaintiff's counsel, once
liability is established.
Mark, who is currently a member of the Temple Law Review,
explains that the impetus for the paper actually predates his
admission to law school: "When I was thinking about applying to law
school, several years ago, I watched my wife argue a pre-trial
motion [in a mixed-motives case] before a federal judge and I was
blown away by the whole experience…. There I was, an educator, with
over 15 years of experience in some of Philly's best independent
high schools and universities, and I was completely in the dark
about the whole conversation."
Now in his final year of law school, Mark has gone from being in
the dark to "knowing more about the mixed-motives framework than
the lawyers who were in the courtroom that day." He credits
the faculty at TempleLaw with not just helping him to explore the
law but with holding him "accountable to the highest standards" in
his research and writing.
The Ruth Bader Ginsburg writing competition is open to 2L and 3L
students at six Philadelphia-area law schools: Drexel University,
University of Pennsylvania, Rutgers University, Temple University,
Villanova University, and Widener University. Temple Law students
have won the competition for the past six years and for eight of
the past ten.