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Constitutive Law And Environmental Policy, Holly Doremus
Constitutive Law And Environmental Policy, Holly Doremus
Holly Doremus
No abstract provided.
Sciene Plays Defense: Natural Resource Management In The Bush Administration, Holly Doremus
Sciene Plays Defense: Natural Resource Management In The Bush Administration, Holly Doremus
Holly Doremus
The George W. Bush Administration has been criticized by scientists for its use of science in the policy arena generally, and for politicizing science. However, the problem is more one of the scientizing of politics, as the administration has shown that the rhetoric of science can be used defensively, as a barrier to regulation. Key methods used by the administration to pursue its strategy of defensive science in natural resource management are detailed. A more normatively defensible, and a more politically effective, strategy for conservationists would emphasize the need to bring transparency and a commitment to updating into the regulatory …
Disparate Impact Under The Age Discrimination In Employment Act Of 1967, Michael Evan Gold
Disparate Impact Under The Age Discrimination In Employment Act Of 1967, Michael Evan Gold
Michael Evan Gold
No abstract provided.
Griggs' Folly: An Essay On The Theory, Problems, And Origin Of The Adverse Impact Definition Of Employment Discrimination And A Recommendation For Reform, Michael Evan Gold
Griggs' Folly: An Essay On The Theory, Problems, And Origin Of The Adverse Impact Definition Of Employment Discrimination And A Recommendation For Reform, Michael Evan Gold
Michael Evan Gold
This Article examines the adverse impact theory of employment discrimination under Title VII. The author begins by discussing the development of adverse impact in the case law, and by scrutinizing its theoretical underpinnings. He demonstrates that Congress did not intend to mandate adoption of adverse impact theory when it established Title VII. The author then argues that the Courts have exceeded their authority under Title VII by embracing the theory of adverse impact. He concludes that the courts should therefore return to a narrower theory of employment discrimination, namely, a theory based on the legal concept of “intent.”