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University of Tennessee College of Law

Scholarly Works

2011

Discrimination

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Employment Retaliation And The Accident Of Text, Alex B. Long Jan 2011

Employment Retaliation And The Accident Of Text, Alex B. Long

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This Article explores the current and future landscape of employment retaliation law following the Supreme Court’s decisions in Thompson v. North American Stainless, LP and Kasten v. Saint-Gobain Performance Plastics Corp. As the law currently exists, statutory retaliation plaintiffs win or lose largely due to the accident of statutory text rather than the fact that the law is operating as Congress envisioned or as part of a coherent scheme of regulation. In short, the federal approach to workplace retaliation is inefficient, unnecessarily complex, and in need of major reform. Contrary to popular thinking, the article concludes that the text of …


Defamation Of Religion: Rumors Of Its Death Are Greatly Exaggerated, Robert C. Blitt Jan 2011

Defamation Of Religion: Rumors Of Its Death Are Greatly Exaggerated, Robert C. Blitt

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This Article explores the recent decisions by the United Nations (“UN”) Human Rights Council and General Assembly to adopt consensus resolutions aimed at “combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief.” These resolutions represent an effort to move past a decade’s worth of contentious roll call votes in favor of prohibiting defamation of religion within the international human rights framework. Although labeled “historic” resolutions, this Article argues that the UN’s new compromise approach endorsed in 2011 — and motivated in part by the desire to end years …