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Bfoq Revisited: Johnson Controls Halts The Expansion Of The Defense To Intentional Sex Discrimination, Stephen F. Befort
Bfoq Revisited: Johnson Controls Halts The Expansion Of The Defense To Intentional Sex Discrimination, Stephen F. Befort
Articles
The bona fide occupational qualification (BFOQ) is a statutory defense to intentional discrimination under Title VII. 1 The BFOQ defense permits an employer to adopt an otherwise facially discriminatory employment practice if "reasonably necessary to the normal operation of that particular business. . . ." 2 Both the courts and the Equal Employment Opportunity Commission (EEOC) have traditionally interpreted this defense very narrowly. A gender-based employment classification, for example, qualifies as a BFOQ only if the failure to adopt a single-sex policy undermines the employer's ability to accomplish its essential business mission. 3
Envirotech Corp. V. Westech Engineering, Inc.: The On-Sale Bar To Patentability And Executory Sales Offers, Stephen R. Schaefer
Envirotech Corp. V. Westech Engineering, Inc.: The On-Sale Bar To Patentability And Executory Sales Offers, Stephen R. Schaefer
Minnesota Law Review
No abstract provided.
Speaking Of Virtue: A Republican Approach To University Regulation Of Hate Speech, Suzanna Sherry
Speaking Of Virtue: A Republican Approach To University Regulation Of Hate Speech, Suzanna Sherry
Minnesota Law Review
No abstract provided.
The Applicability Of Rule 11 Sanctions Upon Removal From State To Federal Court: Imposing A Continuing Obligation, Theodore C. Cadwell Jr.
The Applicability Of Rule 11 Sanctions Upon Removal From State To Federal Court: Imposing A Continuing Obligation, Theodore C. Cadwell Jr.
Minnesota Law Review
No abstract provided.
Aliens' Alienation From Justice: The Equal Access To Justice Act Should Apply To Deportation Proceedings, Thomas W. Holm
Aliens' Alienation From Justice: The Equal Access To Justice Act Should Apply To Deportation Proceedings, Thomas W. Holm
Minnesota Law Review
No abstract provided.
Beyond Per Se, Rule Of Reason Or Merger Analysis: A New Antitrust Standard For Joint Ventures, Thomas A. Piraino Jr.
Beyond Per Se, Rule Of Reason Or Merger Analysis: A New Antitrust Standard For Joint Ventures, Thomas A. Piraino Jr.
Minnesota Law Review
No abstract provided.
Limiting Lender Liability: The Trend Toward Written Credit Agreement Statutes, Todd C. Pearson
Limiting Lender Liability: The Trend Toward Written Credit Agreement Statutes, Todd C. Pearson
Minnesota Law Review
No abstract provided.
The Public Sector Compensatory Time Exception To The Fair Labor Standards Act: Trying To Compensate For Congress's Lack Of Clarity, Todd D. Steenson
The Public Sector Compensatory Time Exception To The Fair Labor Standards Act: Trying To Compensate For Congress's Lack Of Clarity, Todd D. Steenson
Minnesota Law Review
No abstract provided.
Viewing Rule 11 As A Tool To Improve Professional Responsibility, Victor H. Kramer
Viewing Rule 11 As A Tool To Improve Professional Responsibility, Victor H. Kramer
Minnesota Law Review
No abstract provided.
The 42nd Session Of The Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Reed Brody, Maureen Convery, David Weissbrodt
The 42nd Session Of The Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Reed Brody, Maureen Convery, David Weissbrodt
Articles
The UN Sub-Commission on Prevention of Discrimination and Protection of Minorities began its forty-second session' on 6 August 1990 under unusual pressure; meeting four days after Iraq's invasion of Kuwait, it faced a tense world situation with an overcrowded agenda of studies and human rights violations in particular count
Major Developments At The Un Commission On Human Rights In 1991, Penny Parker, David Weissbrodt
Major Developments At The Un Commission On Human Rights In 1991, Penny Parker, David Weissbrodt
Articles
The forty-seventh session of the United Nations Commission on Human Rights met from 28 January to 8 March 1991. The session, overshadowed by the then ongoing Persian Gulf War, was the last before Commission membership was raised from forty-three to fifty-three to remedy the under-representation of developing countries. Discussions about a restructured agenda, as well as the possible need for additional meetings and more financial resources, were held in connection with this future enlargement of the Commission. The Commission adopted eighty-two resolutions and ten decisions, of which sixty-six resolutions and nine decisions were by consensus.(1) Among the most significant were …
Shareholder Rights And Legislative Wrongs: Toward Balanced Takeover Legislation, John H. Matheson, Brent A. Olson
Shareholder Rights And Legislative Wrongs: Toward Balanced Takeover Legislation, John H. Matheson, Brent A. Olson
Articles
In recent years, there has been a significant increase in the number of hostile share acquisitions of American businesses. The authors examine the validity of the various defensive measures employed by target companies to defeat or deter a hostile takeover bid. They argue that antitakeover activity should not be viewed as a separate subset of legal analysis; rather, it should be analyzed according to four traditional principles of corporate governance: (1) the discretion afforded corporate management by the business judgment rule; (2) the prohibition against discriminating between members of the same class of shareholders; (3) the prohibition against shifting control …
The Future Of Legal Education, Robert Stein
The Future Of Legal Education, Robert Stein
Articles
The subject of this Essay is the future of legal education. The essay is an adaptation of my inaugural lecture as William S. Pattee Professor of Law,' a professorship named after an ex- traordinary man who served as the first Dean of the University of Minnesota Law School.2
Public Prosecution And Hydro-Engineering, Michael Tonry
Public Prosecution And Hydro-Engineering, Michael Tonry
Articles
There are inherent tensions between conceptions of public prosecutors as elected officials who respond to public intolerance of crime and criminals and as officers of the court who answer to normative injunctions of fairness and dispassion. Discussion of prosecutors' roles has progressed little beyond recognition of inherent tensions. There is no literature on prosecutorial strategies. The empirical literature on prosecutorial operations is scant.
A Reminiscence About The Uniform Marriage And Divorce Act - Some Reflections About Its Critics And Its Policies, Robert Levy
A Reminiscence About The Uniform Marriage And Divorce Act - Some Reflections About Its Critics And Its Policies, Robert Levy
Articles
No abstract provided.
Mandatory Minimum Penalties And The U.S. Sentencing Commission's "Mandatory Guidelines", Michael Tonry
Mandatory Minimum Penalties And The U.S. Sentencing Commission's "Mandatory Guidelines", Michael Tonry
Articles
No abstract provided.
Defendant Amenability To Treatment Or Probation As A Basis For Departure Under The Minnesota And Federal Sentencing Guidelines, Richard Frase
Defendant Amenability To Treatment Or Probation As A Basis For Departure Under The Minnesota And Federal Sentencing Guidelines, Richard Frase
Articles
No abstract provided.
Sentencing Reform In Minnesota, Ten Years After: Reflections On Dale G. Parent's Structuring Criminal Sentences: The Evolution Of Minnesota's Sentencing Guidelines, Richard Frase
Articles
No abstract provided.
Legal Education: An Illusion, Judith T. Younger
Rethinking The Relationship Between Antidumping And Antitrust Laws, Daniel Gifford
Rethinking The Relationship Between Antidumping And Antitrust Laws, Daniel Gifford
Articles
No abstract provided.
Amgen, Inc. V. United States International Trade Commission: Designer Genes Don't Fit, Ann Sturtz Viksnins
Amgen, Inc. V. United States International Trade Commission: Designer Genes Don't Fit, Ann Sturtz Viksnins
Minnesota Law Review
No abstract provided.
The Transformation Of The Juvenile Court, Barry C. Feld
The Transformation Of The Juvenile Court, Barry C. Feld
Minnesota Law Review
No abstract provided.
Constructing Justice: Theories Of The Subject In Law And Literature, Betsy B. Baker
Constructing Justice: Theories Of The Subject In Law And Literature, Betsy B. Baker
Minnesota Law Review
No abstract provided.
Guilty Of The Crime Of Trust: Nonstranger Rape, Beverly Balos, Mary Louise Fellows
Guilty Of The Crime Of Trust: Nonstranger Rape, Beverly Balos, Mary Louise Fellows
Minnesota Law Review
No abstract provided.
Some Notes On Reliance, C.Robert Morris
A Revival Of Some Ancient Learning: A Critique Of Eisenberg's The Nature Of The Common Law, Carl A. Auerbach
A Revival Of Some Ancient Learning: A Critique Of Eisenberg's The Nature Of The Common Law, Carl A. Auerbach
Minnesota Law Review
No abstract provided.
Of Spoil Pits And Swimming Pools: Reconsidering The Measure Of Damages For Construction Contracts, Carol Chomsky
Of Spoil Pits And Swimming Pools: Reconsidering The Measure Of Damages For Construction Contracts, Carol Chomsky
Minnesota Law Review
No abstract provided.
The Constitutional Case Against Intracircuit Nonacquiescence, Dan T. Coenen
The Constitutional Case Against Intracircuit Nonacquiescence, Dan T. Coenen
Minnesota Law Review
No abstract provided.
The Interplay Of Product Definition, Design And Trade Dress, Daniel J. Gifford
The Interplay Of Product Definition, Design And Trade Dress, Daniel J. Gifford
Minnesota Law Review
No abstract provided.
Larson V. Dunn: Toward A Reasoned Response To Parental Kidnapping, Daniel Oberdorfer
Larson V. Dunn: Toward A Reasoned Response To Parental Kidnapping, Daniel Oberdorfer
Minnesota Law Review
No abstract provided.