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The Role Of Fault And Motive In Defining Discrimination: The Seniority Question Under Title Vii, Mark S. Brodin
The Role Of Fault And Motive In Defining Discrimination: The Seniority Question Under Title Vii, Mark S. Brodin
Mark S. Brodin
Seniority systems play an important role in American industry, often governing rights to promotion, pay scales, layoff, and relative entitlement to ancillary benefits. Seniority based decision making protects employees from arbitrary employer action, yet seniority's same protective feature often may frustrate minorities' efforts to achieve actual equal employment opportunity Relying on Title Vii's section 703(h), the Supreme Court has held that seniority systems are immune from attack unless discriminatory intent is shown. In this Article, Professor Brodin reviews the evolution of the intent standard now governing seniority system challenges. He contrasts the Supreme Court's restrictive definition of intent in the …
Discrimination Cases In The 2001 Term Of The Supreme Court (Symposium: The Fourteenth Annual Supreme Court Review), Eileen Kaufman
Discrimination Cases In The 2001 Term Of The Supreme Court (Symposium: The Fourteenth Annual Supreme Court Review), Eileen Kaufman
Eileen Kaufman
No abstract provided.
Discrimination Cases (The Supreme Court And Local Government Law: The 1995-1996 Term), Eileen Kaufman
Discrimination Cases (The Supreme Court And Local Government Law: The 1995-1996 Term), Eileen Kaufman
Eileen Kaufman
No abstract provided.
Discrimination Cases In The 2000 Term, Eileen Kaufman
Discrimination Cases In The 2000 Term, Eileen Kaufman
Eileen Kaufman
No abstract provided.
The Japanese Constitution As Law And The Legitimacy Of The Supreme Court’S Constitutional Decisions: A Response To Matsui, Craig Martin
The Japanese Constitution As Law And The Legitimacy Of The Supreme Court’S Constitutional Decisions: A Response To Matsui, Craig Martin
Craig Martin
This article, from a conference at Washington University School of Law on the Supreme Court of Japan, responds to an article by Shigenori Matsui, “Why is the Japanese Supreme Court is so conservative?” Professor Matsui’s article makes the argument that a significant factor is the extent to which the judges fail to view the Constitution as positive law requiring judicial enforcement. It is novel in its emphasis on an explanation grounded in law, and the decision-making process, rather than the political, institutional, and cultural explanations that are so often offered. In this article, Borrowing from Kermit Roosevelt’s arguments on judicial …