Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 11 of 11
Full-Text Articles in Entire DC Network
Travellers, Equality And School Admission: Christian Brothers High School Clonmel -V- Stokes, Mel Cousins
Travellers, Equality And School Admission: Christian Brothers High School Clonmel -V- Stokes, Mel Cousins
Mel Cousins
This note examines the recent Irish equality officer and Circuit Court decisions in CBS High School Clonmel v Stokes which concerned whether the rules for admission to the school – in particular a rule giving priority to children whose parents had attended the school - were compatible with the Equal Status Acts 2000-2008. The equality officer held that the rule was indirectly discriminatory and in breach of the Act. However, on appeal the Court held that while the rule had a disproportionate impact on Travellers, it was objectively justified.
Disparate Impact Is Not Unconstitutional, Michael Evan Gold
Disparate Impact Is Not Unconstitutional, Michael Evan Gold
Michael Evan Gold
[Excerpt] In Ricci v. DeStefano, the "New Haven Firefighters" case, whitefirefighters and one Hispanic firefighter sued the city of New Haven, Connecticut and city officials under Title VII. The plaintiffs claimed the city had committed intentional discrimination or disparate treatment against them when the city disregarded the results of promotion examinations that had an adverse effect on black and Hispanic applicants. The Supreme Court sustained the claim. In his concurring opinion, Justice Scalia invited attorneys in subsequent cases to consider arguing that the disparate impact theory of employment discrimination is unconstitutional. He reasoned as follows: • The Constitution prohibits the …
Trade Justice And Security, Frank J. Garcia
Trade Justice And Security, Frank J. Garcia
Frank J. Garcia
[Refers to Revised Draft, December 9, 2005] The social psychology literature on justice suggests that the perception of injustice produces the strongest human emotional response. Perceptions of injustice can lead to conflicts over the justice of social outcomes, threatening social cohesion and security. Trade law, and globalization more generally, are increasingly perceived as unjust with respect to the interests of developing countries and of the poor in all countries. To the extent that the various stakeholders in globalization perceive a lack of reciprocity between their investment and their return, they will naturally address their claims of injustice towards the global …
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 …
Outsiders Inside The Beltway: Latcrit Xiv - Critical Outsider Theory And Praxis In The Policymaking Of The New American Regime, Anthony E. Varona
Outsiders Inside The Beltway: Latcrit Xiv - Critical Outsider Theory And Praxis In The Policymaking Of The New American Regime, Anthony E. Varona
Anthony E. Varona
A substantive foreword to the symposium book for the Fourteenth Annual Latino/Latina Critical Legal Theory Scholarship Conference hosted by the American University Washington College of Law. The foreword includes information about the conference theme, its planning and execution, and includes excerpts from the presentations of a number of prominent plenary and keynote speakers, including Congresswoman Linda Sanchez (D-CA), Caroline Fredrickson (the executive director of the American Constitution Society for Law and Policy), Robert Raben (the president of the Raben Group), Jarrett Barrios (the president of the Gay and Lesbian Alliance Against Defamation), Prof. Jenny Rivera (professor of law and director …
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.
After The Fall: The Employer's Duty To Accommodate Employee Religious Practices Under Title Vii After Ansonia Board Of Education V. Philbrook, Peter Zablotsky
After The Fall: The Employer's Duty To Accommodate Employee Religious Practices Under Title Vii After Ansonia Board Of Education V. Philbrook, Peter Zablotsky
Peter Zablotsky
No abstract provided.
Discrimination Cases In The October 2004 Term, Eileen Kaufman
Discrimination Cases In The October 2004 Term, Eileen Kaufman
Eileen Kaufman
No abstract provided.
Discrimination Cases In The Supreme Court's 1997 Term (The Supreme Court And State And Local Government Law: The 1997-1998 Term), Eileen Kaufman
Discrimination Cases In The Supreme Court's 1997 Term (The Supreme Court And State And Local Government Law: The 1997-1998 Term), Eileen Kaufman
Eileen Kaufman
No abstract provided.
The Uses And Abuses Of Informal Procedures In Federal Civil Rights Enforcement, Marjorie A. Silver
The Uses And Abuses Of Informal Procedures In Federal Civil Rights Enforcement, Marjorie A. Silver
Marjorie A. Silver
No abstract provided.