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The Prima Facie Case Of Age Discrimination In Reduction-In-Force Cases, Jessica Lind

Michigan Law Review

This Note proposes that courts require the plaintiff in a RIF case to show, as part of her prima facie burden, that the employer reassigned at least part of her job responsibilities to a younger individual of equal or lesser qualifications. Part I describes the analytical framework applied to most intentional discrimination cases the McDonnell Douglas framework. Part II explains that the RIF plaintiff cannot meet the specific requirements of the prima facie case as articulated in McDonnell Douglas because her firing occurs in conjunction with the elimination of her position. This Part then examines two approaches taken by the …

Vol. 46, No. 5, November 6, 1995, University Of Michigan Law School

Res Gestae

•Dicta Accepting Submissions •$5 Billion in Punitive Damages •Workshops Offer Job Search Strategies for 1L's •So You Want to be a Politician? •Commercial Outlines Strike a Nerve •Everyone Out by Midnight •Here's This Week's Sports Update •The Essential Beers •Dr. G Enjoys a Good Cry •News of the Weird

Back To The Briarpatch: An Argument In Favor Of Constitutional Meta-Analysis In State Action Determinations, Ronald J. Krotoszynski Jr.

Michigan Law Review

Brer Rabbit, after claiming repeatedly that he would prefer almost anything to being thrown into the briarpatch, expressed glee once tossed there. In fact, Brer Rabbit wanted to be in the briarpatch because, like most rabbits, he could navigate the briarpatch with relative ease: the briarpatch was home.

Over the course of a century, the Supreme Court has developed a great degree of familiarity with the state action doctrine, a doctrinal briar patch. Like Brer Rabbit, the Court has disclaimed repeatedly any interest in being there.

In this article, I argue that the existing tests for establishing the presence of …

Homologizing Pregnancy And Motherhood: A Consideration Of Abortion, Julia E. Hanigsberg

Michigan Law Review

In this essay I reconsider abortion in order to bridge what initially seem to be two opposing frameworks: first, the conception of abortion as an issue of women's bodily integrity and liberty, and second, the acknowledgement of the existence and meaning of intrauterine life. The abortion choice is indeed deeply and necessarily tied to women's bodily integrity. I will discuss how taking away women's ability to control their decision not to become mothers can be severely damaging to their very sense of self, for this denial of decisionmaking divides women from their wombs and uses their wombs for a purpose …

True Lies: The Role Of Pretext Evidence Under Batson V. Kentucky In The Wake Of St. Mary's Honor Center V. Hicks, David A. Sutphen

Michigan Law Review

In the process of determining whether a peremptory strike is valid, lower courts rely on the TI.tie VII burden-shifting framework originally laid out by the Supreme Court in McDonnell Douglas Corp. v. Green As a result, the order and presentation of proof in Batson cases deliberately parallels the order and presentation of proof in TI.tie VII intentional discrimination suits. In light of this similarity, the Supreme Court's recent TI.tie VII ruling in St. Mary's Honor Center v. Hicks - that proof of pretext under the McDonnell Douglas framework is not the legal equivalent to proof of intentional discrimination - raises …

Vol. 46, No. 4, October 23, 1995, University Of Michigan Law School

Res Gestae

•Minority Leader Gephardt Addresses Law School •Civil Rights Symposium •Doo Doo Dooo Doo Doo, You Say It's Your Birthday… •An Open Letter to Richard Gephardt •Letters to the Editor •Marc & Mindy's Fun Page •Side Bar •Ménage A Trois •The Metaphysical Dr. G

Alumni, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Graduates who are training the next generation elsewhere; Weiner achieves Royally; Alums on top at WTO; Back-to-back alums at CIA; Class Notes.

Further Evidence Of Discrimination In New Car Negotiations And Estimates Of Its Cause, Ian Ayres

Michigan Law Review

A 1991 test of new car dealerships in Chicago indicated that dealerships offered significantly lower prices to white male testers than to similarly situated black and-or female testers: white female testers were asked to pay 40% higher markups than white male testers; black male testers were asked to pay more than twice the markup of white male testers; and black female testers were asked to pay more than three times the markup of white male testers. This article extends the results of this initial test by presenting not only more authoritative evidence of discrimination but also a new quantitative method …

The Impact Of The Americans With Disabilities Act On State Bar Examiner's Inquiries Into The Psychological History Of Bar Applicants, Carol J. Banta

Michigan Law Review

This Note argues that the use of any questions based upon an applicant's psychological history in the state bar application process violates the Americans with Disabilities Act. Part I demonstrates that Title II of the ADA applies to state boards of bar examiners, and that the ADA definition of a person with a disability includes a person who has sought or received psychological counseling. Part II applies the ADA and accompanying regulations to the psychological history inquiries currently used by state bar examiners and argues that such inquiries violate the ADA because they inquire specifically about disabled status. Part III …

Religion-Based Peremptory Challenges After Batson V. Kentucky And J.E.B. V. Alabama: An Equal Protection And First Amendment Analysis, Benjamin Hoorn Barton

Michigan Law Review

This Note argues that under Batson, J.E.B., the First Amendment, and the Equal Protection Clause, religion-based peremptory challenges are unconstitutional. This Note asserts that the analysis of governmental religious discrimination, such as a peremptory challenge, is the same under either the First Amendment or the Equal Protection Clause because both apply strict scrutiny to purposeful government discrimination.

Part I examines Batson and J.E.B. in greater detail and states a model for analyzing discriminatory peremptory challenges in which such challenges are treated as intentional governmental discrimination subject to heightened scrutiny. Part II argues that under the First Amendment, intentional governmental …

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews.

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews.

Faculty, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Two join faculty; faculty achievements; Seligman, Field depart; Pildes visits Israel and St. Antoine visits Cambridge; Vining's new book; and a new poverty research program.

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Senior Day and one extraordinary graduate; legal skill drills; a new legal writing program; "Breaking the Mold" conference on sports careers; Cooley lecturer Michael McConnell; a new director for the Office of Public Service; scholarships to attract the best students; and a host of distinguished visitors and noteworthy events

Alumni, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Myra Selby named to Indiana Supreme Court; Barrie Loeks' crazy career; Larry Dubin analyzes the O.j. trial; Lewises honored; and class notes and deaths.

Are Twelve Heads Better Than One?, Phoebe Ellsworth

Law Quadrangle (formerly Law Quad Notes)

An analysis of mock jury deliberations indicated that juries could competently evaluate facts, weed out errors, and focus on important issues. However the jurors' understanding of the law and how to apply it was substantially inferior to their understanding of the facts and issues.

This article has been condensed with permission from one originally published in Law and Contemporary Problems, Vol. 52, No. 4. Most reference citations have been deleted. For a fully-footnoted copy of the original article, please contact the LQN editor.

Few advocates of the jury system would argue that the average juror as competent a tribunal as …

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by the Michigan Law Review

Front Matter, Journal Of Law Reform

University of Michigan Journal of Law Reform

Front matter for Volume 28, Issue 3 of the University of Michigan Journal of Law Reform.

Constitutional Misconceptions, Radhika Rao

Michigan Law Review

A Review of Children of Choice: Freedom and the New Reproductive Technologies by John A. Robertson

Revolution In The Balance: Law And Society In Contemporary Cuba, Eugene Whitlock

Michigan Law Review

A Review of Revolution in the Balance: Law and Society in Contemporary Cuba by Debra Evenson

The Jury: Trial And Error In The American Courtroom, John C. Blattner

Michigan Law Review

A Review of The Jury: Trial and Error in the American Courtroom by Stephen J. Adler

Justice Lewis F. Powell And The Jurisprudence Of Centrism, Mark Tushnet

Michigan Law Review

A Review of Justice Lewis F. Powell, Jr by John C. Jeffries, Jr.

Denaturalizing The Lawyer-Statesman, Anthony V. Alfieri

Michigan Law Review

A Review of The Lost Lawyer: Failing Ideals of the Legal Profession by Anthony T. Kronman.

The Countermajoritarian Paradox, Neal Davis

Michigan Law Review

A Review of Liberty and Sexuality: The Right to Privacy and the Making of Roe v. Wade. by David J. Garrow

Stark Karst, Richard Delgado

Michigan Law Review

A Review of Law's Promise, Law's Expression: Visions of Power in the Politics of Race, Gender, and Religion by Kenneth L. Karst

Fictionalizing Harassment—Disclosing The Truth, Maria L. Ontiveros

Michigan Law Review

A Review of Disclosure by Michael Crichton, and Bearing Witness: Sexual Harassment and Beyond—Everywoman's Story by Celia Morris

Rearranging Deck Chairs On The Titanic: The Inadequacy Of Modest Proposals To Reform Labor Law, Charles B. Craver

Michigan Law Review

A Review of Agenda for Reform: The Future of Employment Relationships and the Law by William B. Gould IV

Pragmatism, Feminism, And The Problem Of Bad Coherence, Catharine Pierce Wells

Michigan Law Review

A Review of Reinterpreting Property by Margaret Jane Radin

Putting Women First, Mary Coombs

Michigan Law Review

A Review of Gender, Crime, and Punishment by Kathleen Daly

Faculty, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

A day in the life of Alex Aleinikoff; a new associate dean; a grant for a new Child Welfare Program; a quartet of new clinical faculty; and an overview of professors' publications.