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"First Food" Justice: Racial Disparities In Infant Feeding As Food Oppression, Andrea Freeman
"First Food" Justice: Racial Disparities In Infant Feeding As Food Oppression, Andrea Freeman
Fordham Law Review
Tabitha Walrond gave birth to Tyler Isaac Walrond on June 27, 1997, when Tabitha, a black woman from the Bronx, was nineteen years old. Four months before the birth, Tabitha, who received New York public assistance, attempted to enroll Tyler in her health insurance plan (HIP), but encountered a mountain of bureaucratic red tape and errors. After several trips to three different offices in the city, Tabitha still could not get a Medicaid card for Tyler. Tabitha’s city caseworker informed her that she would have to wait until after Tyler’s social security card and birth certificate arrived to get the …
Race In The Life Sciences: An Empirical Assessment, 1950-2000, Osagie K. Obasogie, Julie N. Harris-Wai, Katherine Darling, Carolyn Keagy
Race In The Life Sciences: An Empirical Assessment, 1950-2000, Osagie K. Obasogie, Julie N. Harris-Wai, Katherine Darling, Carolyn Keagy
Fordham Law Review
The mainstream narrative regarding the evolution of race as an idea in the scientific community is that biological understandings of race dominated throughout the nineteenth and twentieth centuries up until World War II, after which a social constructionist approach is thought to have taken hold. Many believe that the horrific outcomes of the most notorious applications of biological race—eugenics and the Holocaust—moved scientists away from thinking that race reflects inherent differences and toward an understanding that race is a largely social, cultural, and political phenomenon. This understanding of the evolution of race as a scientific idea informed the way that …
A Battle Of The Amendments: Why Ending Discrimination In The Courtroom May Inhibit A Criminal Defendant’S Right To An Impartial Jury, Gina M. Chiappetta
A Battle Of The Amendments: Why Ending Discrimination In The Courtroom May Inhibit A Criminal Defendant’S Right To An Impartial Jury, Gina M. Chiappetta
Fordham Law Review
Since the U.S. Supreme Court began limiting the exercise of peremptory challenges to safeguard potential jurors from discrimination, it has faced a nearly impossible task. The Court has attempted to safeguard a juror’s equal protection rights without eradicating the peremptory challenge’s ability to preserve a criminal defendant’s right to an impartial jury. Under the current legal framework, it is not certain whether either constitutional right is adequately protected. This Note examines the history of the Supreme Court’s limitation on peremptory challenges. It then discusses the current federal circuit split over whether peremptory challenges should be further limited. Finally, this Note …
What’S Hud Got To Do With It?: How Hud’S Disparate Impact Rule May Save The Fair Housing Act’S Disparate Impact Standard, William F. Fuller
What’S Hud Got To Do With It?: How Hud’S Disparate Impact Rule May Save The Fair Housing Act’S Disparate Impact Standard, William F. Fuller
Fordham Law Review
Since 2011, the U.S. Supreme Court has granted certiorari three times on the question of whether disparate impact liability is cognizable under the Fair Housing Act (FHA). The first two times, the parties settled. The question is before the Court once again in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., and this time the parties seem unlikely to settle.
Disparate impact liability in the civil rights context entails liability for actions that have a discriminatory effect, regardless of an actor’s motive. Under the FHA, this can translate into liability for actions that make housing …
Workplace Discrimination As A Public Health Issue: The Necessity Of Title Vii Protections For Volunteers, Elizabeth R. Langton
Workplace Discrimination As A Public Health Issue: The Necessity Of Title Vii Protections For Volunteers, Elizabeth R. Langton
Fordham Law Review
What constitutes an employee is a recurring issue in U.S. employment law, especially with respect to volunteers. Under Title VII, an employee is defined as “an individual employed by an employer.” The U.S. Supreme Court has found that this definition is circular and explains nothing. Given the vague statutory definition of “employee,” circuit courts are split over the correct test to determine employee status for the purposes of Title VII.
Workplace discrimination is especially toxic because the majority of the adult population spends its waking hours at work. Thus far, courts have been focused on the individual nature of workplace …
Fighting Discrimination While Fighting Litigation: A Tale Of Two Supreme Courts, Scott A. Moss
Fighting Discrimination While Fighting Litigation: A Tale Of Two Supreme Courts, Scott A. Moss
Fordham Law Review
The U.S. Supreme Court has issued an odd mix of pro-plaintiff and pro-defendant employment law rulings. It has disallowed harassment lawsuits against employers even with failed antiharassment efforts, construed statutes of limitations narrowly to bar suits about ongoing promotion and pay discrimination, and denied protection to public employee internal complaints. Yet the same Court has issued significant unanimous rulings easing discrimination plaintiffs' burdens of proof. This jurisprudence is often miscast in simple pro-plaintiff or pro-defendant terms. The Court's duality traces to its inconsistent and unaware adoption of competing policy arguments: Policy 1: Employees must try internal dispute resolution before suing--or …
A Duty To Make Reasonable Efforts And A Defense Of The Disparate Impact Doctrine In Employment Discrimination Law, Laya Sleiman
A Duty To Make Reasonable Efforts And A Defense Of The Disparate Impact Doctrine In Employment Discrimination Law, Laya Sleiman
Fordham Law Review
No abstract provided.
The Colorblind Lottery, Pauline T. Kim
Targeting Workplace Context: Title Vii As A Tool For Institutional Reform, Tristin K. Green
Targeting Workplace Context: Title Vii As A Tool For Institutional Reform, Tristin K. Green
Fordham Law Review
No abstract provided.
Painting By Numbers: "And, Um, Let's Have A Black Lawyer Sit At Our Table", J. Cunyon Gordon
Painting By Numbers: "And, Um, Let's Have A Black Lawyer Sit At Our Table", J. Cunyon Gordon
Fordham Law Review
No abstract provided.
Freedom To Exclude After Boy Scouts Of America V. Dale: Do Private Schools Have A Right To Discriminate Against Homosexual Teachers?, Karen Lim
Fordham Law Review
No abstract provided.
Equal Opportunity, Affirmative Action, And The Anti-Discrimination Principle: The Philosophical Basis For The Legal Prohibition Of Discrimination, John Hasnas
Fordham Law Review
No abstract provided.
A Title I Dilemma: May Disabled Former Employees Sue For Discrimination Regarding Post-Employment Benefits, Jason D. Myers
A Title I Dilemma: May Disabled Former Employees Sue For Discrimination Regarding Post-Employment Benefits, Jason D. Myers
Fordham Law Review
No abstract provided.
Color At Century's End: Race In Law, Policy, And Politics, Christopher Edley, Jr.
Color At Century's End: Race In Law, Policy, And Politics, Christopher Edley, Jr.
Fordham Law Review
No abstract provided.
"Who, Me?": A Supervisor's Individual Liability For Discrimination In The Workplace, Christopher Greer
"Who, Me?": A Supervisor's Individual Liability For Discrimination In The Workplace, Christopher Greer
Fordham Law Review
No abstract provided.
Fairness And Finality: Third-Party Challenges To Employment Discrimination Consent Decrees After The 1991 Civil Rights Act , Majorie A. Silver
Fairness And Finality: Third-Party Challenges To Employment Discrimination Consent Decrees After The 1991 Civil Rights Act , Majorie A. Silver
Fordham Law Review
In this Article, Professor Silver examines Section 108 of the Civil Rights Act of 1991, which limits challenges to employment practices taken pursuant to employment discrimination consent decrees. The Article traces the development of the impermissible collateral attack doctrine, that doctrine's demise in Martin v. Wilks, and Congress' response to Martin as embodied in Section 108. Professor Silver also suggests ways in which Section 108 should be administered to comply with the Due Process Clause and argues for specific additional federal legislation to protect non-litigants or potential third-party challengers as well as to foster the utility and finality of legitimate …
Two Faces Of Disparate Impact Discrimination, Pamela L. Perry
Two Faces Of Disparate Impact Discrimination, Pamela L. Perry
Fordham Law Review
No abstract provided.
Undue Hardship: Title I Of The Americans With Disabilities Act, Julie Brandfield
Undue Hardship: Title I Of The Americans With Disabilities Act, Julie Brandfield
Fordham Law Review
No abstract provided.
Friendship, Commerce And Navigation Treaties And United States Discrimination Law: The Right Of Branches Of Foreign Companies To Hire Executives “Of Their Choice”, Gerald D. Silver
Friendship, Commerce And Navigation Treaties And United States Discrimination Law: The Right Of Branches Of Foreign Companies To Hire Executives “Of Their Choice”, Gerald D. Silver
Fordham Law Review
No abstract provided.
Sending Notice To Potential Plaintiffs In Class Actions Under The Age Discrimination In Employment Act: The Trial Court's Role, David Jon Wolfsohn
Sending Notice To Potential Plaintiffs In Class Actions Under The Age Discrimination In Employment Act: The Trial Court's Role, David Jon Wolfsohn
Fordham Law Review
No abstract provided.
The Role Of Unions In The 1980s, Symposium, Women In The Workplace: Comparable Worth, Judith P. Vladeck
The Role Of Unions In The 1980s, Symposium, Women In The Workplace: Comparable Worth, Judith P. Vladeck
Fordham Law Review
No abstract provided.
Discriminatory Discharge In A Sports Context: A Reassessment Of The Burden Of Proof And Remedies Under The National Labor Relations Act, Jeffrey Goore
Discriminatory Discharge In A Sports Context: A Reassessment Of The Burden Of Proof And Remedies Under The National Labor Relations Act, Jeffrey Goore
Fordham Law Review
No abstract provided.
Standing And Adverseness In Challenges Of Tax Exemptions For Discriminatory Private Schools, Thomas Mccoy, Neal Devins
Standing And Adverseness In Challenges Of Tax Exemptions For Discriminatory Private Schools, Thomas Mccoy, Neal Devins
Fordham Law Review
No abstract provided.
The Role Of Unions In The 1980s, Symposium, Women In The Workplace: Comparable Worth, Judith P. Vladeck
The Role Of Unions In The 1980s, Symposium, Women In The Workplace: Comparable Worth, Judith P. Vladeck
Fordham Law Review
No abstract provided.
Pregnancy Discrimination, Equal Compensation And The Ghost Of Gilbert: Medical Insurance Coverage For Spouses Of Employees, Steven Lee Lapidus
Pregnancy Discrimination, Equal Compensation And The Ghost Of Gilbert: Medical Insurance Coverage For Spouses Of Employees, Steven Lee Lapidus
Fordham Law Review
No abstract provided.
Eradicating Racial Discrimination In Voter Registration: Rights And Remedies Under The Voting Rights Act Amendments Of 1982, Steven L. Lapidus
Eradicating Racial Discrimination In Voter Registration: Rights And Remedies Under The Voting Rights Act Amendments Of 1982, Steven L. Lapidus
Fordham Law Review
No abstract provided.
National Origin Discrimination Under Section 1981, Lorilyn Chamberlin
National Origin Discrimination Under Section 1981, Lorilyn Chamberlin
Fordham Law Review
No abstract provided.
Beyond The Fcn Treaty: Japanese Multinationals Under Title Vii, Stacey M. Rosner
Beyond The Fcn Treaty: Japanese Multinationals Under Title Vii, Stacey M. Rosner
Fordham Law Review
No abstract provided.
Tracing An Antitrust Injury In Secondary Line Price Discrimination Cases, Amy A. Marasco
Tracing An Antitrust Injury In Secondary Line Price Discrimination Cases, Amy A. Marasco
Fordham Law Review
No abstract provided.
Disciplinary Exclusion Of Handicapped Students: An Examination Of The Limitations Imposed By The Education For All Handicapped Children Act Of 1975, Erica Bell
Fordham Law Review
No abstract provided.