This program explores how the Supreme Court’s grant/denial of certiorari in Dukes v. Wal-Mart will reshape employment discrimination law, class action practice and complex litigation in general. Wal-Mart’s petition to the Court raises a set of questions that could fundamentally alter the law on issues such as the appropriate class certification criteria, the propriety of using sampling and statistics for calculating back pay, the future of employment suits challenging excessive subjectivity and “glass ceiling” gender discrimination, and the meaning of Due Process for defendants facing class litigation. Whether the Supreme Court grants certiorari or not, Dukes v. Wal-Mart has brought these issues to the fore and the pressure to resolve them – either judicially or through legislative or administrative action – is tremendous. This program considers the directions such resolution might take, either with or without a Supreme Court decision on the merits of the largest gender discrimination class action in history.