Digital Commons Network^™

Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman

Eileen Kaufman

In the Supreme Court's 1997 Term, the Supreme Court had decided a record number of statutory discrimination cases. However, that record was exceeded in the Supreme Court's 1998 Term with the Court addressing issues arising under Title VII, which covers discrimination in employment; Title IX, which covers discrimination in schools; and most significantly, the Americans with Disabilities Act, which prohibits discrimination based on disability. Overall, the term scored significant victories for employers who were given considerable latitude to set their own physical characteristic standards and who were, to a large extent, immunized from liability for punitive damages. There was an …

Correcting A Fatal Lottery: A Proposal To Apply The Civil Discrimination Standards To The Death Penalty, Joseph Thomas

Joseph Thomas

Claims of discrimination are treated differently in the death penalty context. Discrimination in employment, housing, civil rights and jury venire all use a burden-shifting framework with the preponderance of the evidence as the standard. Discrimination that occurs in death penalty proceedings is the exception to the rule -- the framework offers less protections; there is only one phase of argumentation, with a heightened evidentiary standard of “exceptionally clear proof.” With disparate levels of protections against discrimination, the standard and framework for adjudicating claims of discrimination in the death penalty is unconstitutional.

Death is different as a punishment. But does discrimination …

Correcting A Fatal Lottery: A Proposal To Apply The Civil Discrimination Standards To The Death Penalty, Joseph Thomas

Joseph Thomas

Claims of discrimination are treated differently in the death penalty context. Discrimination in employment, housing, civil rights and jury venire all use a burden-shifting framework with the preponderance of the evidence as the standard. Discrimination that occurs in death penalty proceedings is the exception to the rule -- the framework offers less protections; there is only one phase of argumentation, with a heightened evidentiary standard of “exceptionally clear proof.” With disparate levels of protections against discrimination, the standard and framework for adjudicating claims of discrimination in the death penalty is unconstitutional.

Death is different as a punishment. But does discrimination …

Diversity Case Study, Salma A. Hadeed

salma a hadeed

Diversity brings new talent and creativity in an organization with ideas and beliefs from different backgrounds. Diversity includes race, culture, age, disabilities, ethnicity, socioeconomic backgrounds, gender and sexual orientation. Imagine the workplace as a melting pot that includes all of these diverse affiliations. One would think that where diversity exists, there would be an amicable relationship amongst employees; a creation of colorful ideas being thrown together, however this is not always the case. Even though diversity is looked at as a broad spectrum, this case study would be focusing on only one: sexual orientation in the workplace.

Normative Canons In The Review Of Administrative Policymaking, Kenneth A. Bamberger

Kenneth A. Bamberger

Who should ensure that statutes are interpreted to reflect background norms left unaddressed by Congress-- norms like respect for the rights of regulated parties, protection of the interests of states and Native American tribes, avoidance of government bias, and the separation of powers? On the one hand, courts have traditionally sought to protect these constitutionally inspired values by applying "normative" canons of construction. On the other hand, after the Supreme Court's Chevron decision, authority to interpret unclear regulatory statutes generally belongs not to judges, but to agencies. This question has polarized courts and commentators. A majority, including the Supreme Court, …

Marriage Vows And Economic Discrimination: The Married Teacher Problem, Sabrina Thomas

Sabrina Thomas

This study analyzes the rapid increase of economic discrimination against married women teachers in the early twentieth century, particularly during the Depression. It challenges the notion that economic discrimination against married women teachers was simple, easy, and largely was unchallenged. I argue that the creation and proliferation of marriage bars in the early twentieth century involved a compounded and multifaceted set of economic and social concerns. Support for this argument is accomplished by examination of the national debate on marriage bars as well as careful investigation of the local debate illustrated in Huntington, West Virginia.

Building On Our Strengths: A Framework To Reduce Racial Discrimination And Promote Diversity In Victoria, Y Paradies, L Chandrakumar, Natascha Klocker, M Frere, K Webster, G Berman, Peter Mclean

Natascha Klocker

Building on our strengths: a framework to reduce race-based discrimination and support diversity in Victoria has been developed through a partnership between the Victorian Health Promotion Foundation (VicHealth), the Victorian Equal Opportunity and Human Rights Commission, the McCaughey Centre: VicHealth Centre for the Promotion of Mental Health and Community Wellbeing and the Onemda VicHealth Koori Health Unit. The McCaughey Centre and Onemda are both in the School of Population Health at the University of Melbourne.

Drawing on the best available evidence in Australia and internationally, this report outlines themes, strategies and priority settings for the development and implementation of activity …

The Australian Corporate Closet, Why It's Still So Full: A Review Of Incidence Rates For Sexual Orientation Discrimination Gender Identity Discrimination In The Workplace, Ian Smith, Lindsay G. Oades, Grace Mccarthy

Grace McCarthy

The paper reviews the extant Australian literature on sexual orientation (SO) discrimination within the Australian workplace. In the research, there is variation in organisational workplace and a bias towards health and educational sectors as a research setting, which raises some methodological considerations such as poor generalisability to other organisational contexts. The small body of Australian research into SO discrimination encompasses; (i) varied methodological and theoretical approaches, (ii) disparate authors selecting a varied range of aspects of discrimination thus absenting a unifying framework to guide research and lacking as yet seminal authorship providing focus, iii) limited sampling of participants making comparisons …

Civil Rights Litigation From The October 2007 Term, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.

Section 51 Actions Against Private Racial Profiling, Peter Zablotsky, Sa'id Vakili

Peter Zablotsky

No abstract provided.

Perceptions Of Discrimination Among Persons With Serious Mental Illness, Patrick Corrigan, Vetta Thompson, David Lambert Phd, Yvette Sangster, Jeffrey G. Noel, Jean Campbell

David Lambert

Objectives: The authors sought to gain further perspective on discrimination experienced by persons with mental illness by comparing self-reports of discrimination due to mental illness to self-reports of discrimination due to other group characteristics, such as race, gender, and sexual orientation. Methods: A total of 1,824 persons with serious mental illness who participated in a baseline interview for a multistate study on consumer-operated services completed a two-part discrimination questionnaire. The first part of the questionnaire assessed participants' perceptions about discrimination due to mental illness as well as more than half a dozen other group characteristics. The second part of the …

Dealing With The Realities Of Race And Ethnicity: A Bioethics-Centered Argument In Favor Of Race-Based Genetics Research, Michael J. Malinowski

Michael J. Malinowski

No abstract provided.

Religious Freedom In The Jurisprudence Of The Egyptian And European Court Of Human Rights, Saba Mahmood, Peter G. Danchin

Peter G. Danchin

No abstract provided.

Mobility Allowance And The Law, Mel Cousins

Mel Cousins

The Irish government has recently announced the abolition of the mobility allowance and motorised transport grant. It appears that this decision was heavily influenced by the Government’s view that ‘the schemes are illegal in the context of the Equal Status Acts’. Although the reform options considered and legal advice received have not been specified, the impression has been created that reform would be very complex and that it would be impossible to reform the existing scheme to make it legally compliant without a major increase in its budget. This note discuses the legal issues concerning the operation of the mobility …

Equal Treatment And Objective Justification In Social Security Cases Under The European Convention On Human Rights, Mel Cousins

Mel Cousins

This article discusses recent UK case law on equal treatment and social security with particular reference on objective justification in two important recent decisions: the Supreme Court decision in Humphreys and the Court of Appeal’s judgement in Burnip. There has been a marked and progressive improvement in the analysis of equal treatment issues under the ECHR by the UK courts. Decisions of European Court have helped to clarify that Article 14 is not narrowly confined to the grounds set out in Article 14 and that a broader range of statuses are also covered. The more flexible approach to comparators has …

Complex Claimants And Reductive Moral Judgments: New Patterns In The Search For Equality, Kathryn Abrams

Kathryn Abrams

No abstract provided.

Critical Strategy And The Judicial Evasion Of Difference, Kathryn Abrams

Kathryn Abrams

No abstract provided.

Workers’ Compensation And The Right To Interstate Travel – Schatz V Interfaith Care Centre, Mel Cousins

Mel Cousins

In Schatz, the Minnesota supreme court considered the interesting question of the right to interstate travel as it affects workers’ compensation. While we know that durational residence requirements for welfare benefits and medical care are likely to be found to be unconstitutional, the US courts have to date not greatly explored where other conditions of social security, workers compensation or welfare schemes may impinge on the right to interstate travel. In order to set the groundwork, Part 1 of this note sets out the Supreme Court’s decisions concerning benefits and the right to travel, focusing on the aspects of most …

Economic And Statistical Analysis Of Discrimination In Hiring, Ronald G. Ehrenberg, Robert Smith

Ronald G. Ehrenberg

Legal and administrative determinations of employers' compliance with "equal employment opportunity" (EEO) requirements often hinge on the Issue of the availability of protected class members to employers. That is, courts and affirmative action review agencies compare the hire rates of protected class members (the ratio of the number of protected class members hired to the number who applied or who were potentially available) to the comparable ratio for other applicants, in assessing whether an employer's hiring policies meet the standards required of them by equal opportunity regulations. The purpose of this paper is to review what economic theory suggests affects …

The Geography Of Racial Stereotyping: Evidence And Implications For Vra Preclearance After Shelby County, Christopher Elmendorf, Douglas Spencer

Christopher S. Elmendorf

The Supreme Court in Shelby County v. Holder (2013) effectively enjoined the preclearance regime of the Voting Rights Act. The Court deemed the coverage formula, which determines the jurisdictions subject to preclearance, insufficiently grounded in current conditions. This paper proposes a new, legally defensible approach to coverage based on between-state differences in the proportion of voting age citizens who subscribe to negative stereotypes about racial minorities and vote accordingly. The new coverage formula could also account for racially polarized voting and minority population size, but, for constitutional reasons, subjective discrimination by voters is the essential criterion. We demonstrate that the …

The Rights Of Disabled Students, Derek W. Black, Robert A. Garda Jr., John E. Taylor, Emily Gold Waldman

Robert A. Garda

Education Law: Equality, Fairness, and Reform situates case law in the broader education world by including edited versions of federal policy guidance, seminal law review articles, social science studies, and policy reports. It offers comprehensive coverage of education law while also focusing specifically on equality and civil rights issues. It includes individual chapters on each major area of inequality: race, poverty, gender, disability, homelessness, and language status. Those chapters are followed by a structured approach to the complex first amendment questions, dividing the first amendment into three different chapters and addressing, in order, freedom of expression and thought, religion in …

Introduction: Presumed Incompetent: Continuing The Conversation (Part Ii), Carmen G. Gonzalez, Angela P. Harris

Carmen G. Gonzalez

On March 8, 2013, the Berkeley Journal of Gender, Law & Justice hosted an all-day symposium featuring more than forty speakers at the University of California, Berkeley School of Law to celebrate and invite responses to the book entitled, Presumed Incompetent: The Intersections of Race and Class for Women in Academia (Gabriella Gutiérrez y Muhs, Yolanda Flores Niemann, Carmen G. González & Angela P. Harris eds., 2012). Presumed Incompetent presents gripping first-hand accounts of the obstacles encountered by female faculty of color in the academic workplace, and provides specific recommendations to women of color, allies, and academic leaders on ways …

A Case Of Premature Litigation: Surrogacy, Equal Protection And Social Welfare Benefits, Mel Cousins

Mel Cousins

The issue of surrogacy in Irish law has received considerable (if somewhat belated) attention following the decision of the High Court to recognise a surrogate mother as the child’s mother for the purposes of birth certification. The Equality Tribunal has also referred to the European Court of Justice a complaint in which it has been argued that the failure to provide leave to a surrogate mother was in breach of EU and international law. A claim has also been brought under the Equal Status Acts (ESA) arguing that the failure of the Department of Social Protection (DSP) to provide a …

Rational Basis With Bite In Minnesota: Unemployment Benefits And Personal-Care Assistants, Mel Cousins

Mel Cousins

The Minnesota court of appeals has recently come to an interesting decision on equal protection and insurability of workers, ruling – in Weir v ACCRA Care - that the exclusion of certain personal care assistants (PCA) from the unemployment insurance scheme was in breach of the Minnesota equal protection guarantee. This note examines this recent decision, contrasting it with the approach under the federal equal protection clause. The case is one of a number in different jurisdictions in which less favorable treatment of ‘family member’ carers has been struck down under equal protection and human rights law.