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The Development, Interpretation And Scope Of The Word "Sex" Within Title Vii: With Particular Reference To "Sexual Orientation.", Abbas Kazerounian
The Development, Interpretation And Scope Of The Word "Sex" Within Title Vii: With Particular Reference To "Sexual Orientation.", Abbas Kazerounian
ExpressO
This is a paper demonstrating the shortcomings of the current jurisprudence in the U.S. with regards to the readings of Title VII's construction of the word "sex." Currently sexual minorities are not considered within Title VII and therefore sexual minorities are not offered the same protections under this Congressional Act. This paper shows how this is a misreading of the statute and how it should include protection for sexual minorities.
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Caregivers In The Courtroom: The Growing Trend Of Family Responsibilities Discrimination, Joan C. Williams, Stephanie Bornstein
Caregivers In The Courtroom: The Growing Trend Of Family Responsibilities Discrimination, Joan C. Williams, Stephanie Bornstein
UF Law Faculty Publications
When people think of sex discrimination, they tend to think of glass-ceiling discrimination and sexual harassment. This article describes and documents a rapidly expanding area of employment discrimination law: family responsibilities discrimination, or "FRD." FRD is employment discrimination against people based on their caregiving responsibilities, whether for children, elderly parents, or ill partners. FRD includes both "maternal wall" discrimination -- the equivalent of the glass ceiling for mothers -- and discrimination against men who participate in childcare or provide care for other family members.
Form And Substance: Standards For Promotion And Retention Of Legal Writing Faculty On Clinical Tenure Track, Melissa H. Weresh
Form And Substance: Standards For Promotion And Retention Of Legal Writing Faculty On Clinical Tenure Track, Melissa H. Weresh
ExpressO
This article compares standards for promotion and retention of legal writing faculty on a clinical tenure track. The article provides a brief history of legal writing professionals and examines specific employment criteria such as teaching, service, and scholarship. The article makes recommendations regarding those criteria based upon an assessment of institutional realities and the historical development of the profession.
Paid Family Leave In American Law Schools: Findings And Open Questions, Laura T. Kessler
Paid Family Leave In American Law Schools: Findings And Open Questions, Laura T. Kessler
ExpressO
There exists a substantial literature on the status of women in the legal profession, including studies on women students’ experiences in law schools, gender bias on law school faculties, and family leave policies and practices among legal employers. However, no recent study examines the family leave policies and practices in American law schools. This study seeks to fill that gap. Its findings are threefold. First, almost three quarters of law schools provide wage replacement during a family leave that is more generous than required by federal law. Second, there is a positive relationship between teaching at top-tier and private law …
Pregnancy In Pieces: The Potential Gap In State And Federal Provided Pregnancy Leave, Sarah Stewart Holland
Pregnancy In Pieces: The Potential Gap In State And Federal Provided Pregnancy Leave, Sarah Stewart Holland
ExpressO
This Comment describes a New Jersey Supreme Court in detail, along with the current state of both federal and state leave laws and federal and state pregnancy discrimination laws. Next, this Comment argues that it is the interaction of federal and state leave laws that most often creates a gap in leave and that this gap produces a disparate impact on pregnant employees, which violates the Pregnancy Discrimination Act. It also examines the most common misinterpretations courts make when examining pregnant employees’ requests for recovery under anti-discrimination laws. In conclusion, this Comment advocates for the treatment of pregnancy as one …
Weighty Speech: Addressing Body Size In The Classroom, Yofi Tirosh
Weighty Speech: Addressing Body Size In The Classroom, Yofi Tirosh
Yofi Tirosh
The politics of body size has been the topic of intriguing feminist work. Although in my view this issue is still undertheorized, I have long sought for a way to bring what does exist in the literature into my academic activities. The opportunity arose when, as a graduate student at the University of Michigan in 2001, I taught an undergraduate mini-course in the women's studies program, which I named Weight as a Cultural Question.
This essay discusses two pedagogical challenges I faced while teaching a class. Both questions deal with the extent to which it is productive to talk about …
Harassment Of Sex(Y) Workers: Applying Title Vii To Sexualized Industries, Ann C. Mcginley
Harassment Of Sex(Y) Workers: Applying Title Vii To Sexualized Industries, Ann C. Mcginley
Scholarly Works
Like the women blackjack dealers at the Hard Rock, cocktail servers, exotic dancers, and prostitutes in legal brothels are vulnerable to sexual harassment by customers. The content of the four jobs reveals the fallacy of the "good girl"/"bad girl" dichotomy, because all four jobs require behavior that falls into both categories if we expand the definition of good and bad girls to include gendered behavior as well as sexual behavior. Once the defense applies to discrimination in sexualized environments, it could logically apply to sexual or racial harassment cases in companies that permit their employees to harbor and act upon …
Acknowledging Informal Power Dynamics In The Workplace: A Proposal For Further Development Of The Vicarious Liability Doctrine In Hostile Environment Sexual Harassment Cases, Susan Carle
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Freeing Racial Harassment From The Sexual Harassment Model, Pat K. Chew
Freeing Racial Harassment From The Sexual Harassment Model, Pat K. Chew
Articles
Judges, academics, and lawyers alike base their legal analyses of workplace racial harassment on the sexual harassment model. Legal principles derived from sexual harassment jurisprudence are presumed to be equally appropriate for racial harassment cases. The implicit assumption is that the social harms and public policy goals of racial harassment and sexual harassment are sufficiently similar to justify analogous scrutiny and remedies. Parties to racial harassment cases cite the reasoning and elements of sexual harassment cases without hesitation, as if racial harassment and sexual harassment are behaviorally and legally indistinguishable.
This Article, however, questions the assumption that there should be …