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Articles 1 - 30 of 43
Full-Text Articles in Entire DC Network
Constitutional Law—State Employees Have Private Cause Of Action Against Employers Under Family And Medical Leave Act—Nevada Department Of Human Resources V. Hibbs, 538 U.S. 721 (2003)., Gabriel H. Teninbaum
Constitutional Law—State Employees Have Private Cause Of Action Against Employers Under Family And Medical Leave Act—Nevada Department Of Human Resources V. Hibbs, 538 U.S. 721 (2003)., Gabriel H. Teninbaum
ExpressO
The Eleventh Amendment of the United States Constitution provides that non-consenting states are not subject to suit in federal court. Congress may, however, abrogate the states’ sovereign immunity by enacting legislation to enforce the provisions of the Fourteenth Amendment. In Nevada Department of Human Resources v. Hibbs, the Supreme Court of the United States considered whether Congress acted within its constitutional authority by abrogating sovereign immunity under the Family and Medical Leave Act (FMLA), which allows private causes of action against state employers to enforce the FMLA’s family-leave provision. The Court held abrogation was proper under the FMLA and state …
Comparing Remedies For School Desegregation And Employment Discrimination: Can Employees Now Help Schools?, Candace Saari Kovacic-Fleishcer
Comparing Remedies For School Desegregation And Employment Discrimination: Can Employees Now Help Schools?, Candace Saari Kovacic-Fleishcer
San Diego Law Review
This Article compares and contrasts the lack of success in desegregating the schools with the greater success in eliminating discrimination from the workplace and suggests that the workplace and schoolhouse can act together for the benefit of both. Part II theorizes that Brown might, in hindsight, have been more successfully implemented and demonstrates why what might have been done earlier probably would not work today. Part III compares the plight of students who have not been helped by Brown with the plight of working parents whose family demands have kept them from sharing fully in the promise of Title VII. …
Bilingualism And Equality: Title Vii Claims For Language Discrimination In The Workplace, James Leonard
Bilingualism And Equality: Title Vii Claims For Language Discrimination In The Workplace, James Leonard
University of Michigan Journal of Law Reform
Linguistic diversity is a fact of contemporary American life. Nearly one in five Americans speak a language other than English in the home, and influxes of immigrants have been a constant feature of American history. The multiplicity of languages in American society has touched nearly all aspects of American culture, and specifically has added new and important challenges to the American workplace. Chief among these new concerns are the growing number of legal claims centered around language discrimination in the workplace. The common vehicle for these claims has been Title VII, and there is considerable support in the academic literature …
Should Noncommercial Associations Have An Absolute Right To Discriminate?, Andrew Koppelman
Should Noncommercial Associations Have An Absolute Right To Discriminate?, Andrew Koppelman
Law and Contemporary Problems
An association is more likely to win immunity from an antidiscrimination law, the more clearly its message is a discriminatory one. Boy Scouts of America v. Dale is in some tension with this rule, but the opinion is so muddled that it establishes no new rule to displace the old one.
I Do' Kiss And Tell: The Subversive Potential Of Non-Normative Socialsexual Expression From Within Cultural Paradigms, Elaine Craig
I Do' Kiss And Tell: The Subversive Potential Of Non-Normative Socialsexual Expression From Within Cultural Paradigms, Elaine Craig
Dalhousie Law Journal
Using a comparative analysis of the equality movements of sexual minorities in Canada and India the author identifies a symbiosis between the subversive benefits of a deconstructionist approach to equality and the practical achievements to be gained by a rights-based model of social justice. The analysis is conducted through an examination of the role that the expression of same-sex desire plays in the legal and social positions of sexual minorities in Canada and India The author argues that the acquisition of rights can provide sexual minorities with greater access to dominant cultural rituals and that such access provides opportunities to …
Sandra Day O'Connor's Position On Discrimination, Stephen E. Gottlieb
Sandra Day O'Connor's Position On Discrimination, Stephen E. Gottlieb
Women, Leadership & Equality
No abstract provided.
Discrimination In Sentencing On The Basis Of Afro-Centric Features, William T. Pizzi, Irene V. Blair, Charles M. Judd
Discrimination In Sentencing On The Basis Of Afro-Centric Features, William T. Pizzi, Irene V. Blair, Charles M. Judd
ExpressO
For a long time, social scientists have worried about possible racial discrimination in sentencing in the United States. With a prison population that exceeds two million inmates of whom approximately 48% are African American, the worry over the fairness of the sentencing process is understandable. This article is not about discrimination between racial categories as such, but about a related form of discrimination, namely, discrimination on the basis of a person’s Afro-centric features. Section I of the article describes a line of social science research that shows that a person’s Afro-centric features have a strong biasing effect on judgment such …
Making Up Women: Casinos, Cosmetics, And Title Vii, David B. Cruz
Making Up Women: Casinos, Cosmetics, And Title Vii, David B. Cruz
Nevada Law Journal
No abstract provided.
The Permissibility Of Non-Remedial Justifications For Racial Preferences In Public Contracting, Michael K. Fridkin
The Permissibility Of Non-Remedial Justifications For Racial Preferences In Public Contracting, Michael K. Fridkin
Northern Illinois University Law Review
Under Richmond v. J.A. Croson, if a government agency has participated in the systemic exclusion of contractors on the basis of race, the agency has a compelling interest in remedying that discrimination by favoring contractors whose owners belong to the previously excluded race. This remedial defense of racial preferences is the standard notion of affirmative action in public contracting. Of great interest to the government institutions employing racial preferences, however, is whether any non-remedial objectives--separate and distinct from remedying discrimination--may be relied upon to justify the use racial classifications in public contracting and what goals in particular are compelling enough …
The Logic And Experience Of Law: Lawrence V. Texas And The Politics Of Privacy, Danaya C. Wright
The Logic And Experience Of Law: Lawrence V. Texas And The Politics Of Privacy, Danaya C. Wright
UF Law Faculty Publications
The U.S. Supreme Court's June 2003 decision in Lawrence v. Texas may prove to be one of the most important civil rights cases of the twenty-first century. It may do for gay and lesbian people what Brown v. Board of Education did for African-Americans and Roe v. Wade did for women. While I certainly hope so, my enthusiasm is tempered by the fact that discrimination on the basis of race or gender has not disappeared. Will Lawrence signal meaningful change, or will its revolutionary possibilities be stifled by endless cycles of excuse and redefinition? The case is important, but I …
Sexual Orientation And The Paradox Of Heightened Scrutiny, Nan D. Hunter
Sexual Orientation And The Paradox Of Heightened Scrutiny, Nan D. Hunter
Michigan Law Review
In Lawrence v. Texas, the Supreme Court performed a double move, creating a dramatic discursive moment: it both decriminalized consensual homosexual relations between adults, and, simultaneously, authorized a new regime of heightened regulation of homosexuality. How that happened and what we can expect next are the subjects of this essay. The obvious point of departure for an analysis of Lawrence is its decriminalization of much sexual conduct. Justice Scalia began this project with his dire warning that "[s]tate laws against bigamy, samesex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity are . . . sustainable only in …
Trait Discrimination As Sex Discrimination: An Argument Against Neutrality, Kim Yuracko
Trait Discrimination As Sex Discrimination: An Argument Against Neutrality, Kim Yuracko
Public Law and Legal Theory Papers
Title VII prohibits discrimination whereby women or men are denied employment opportunities because of their status as such. Much of the employment discrimination taking place today, however, targets not all women or men, but only those with particular traits or characteristics - for example, women who are aggressive or men who are effeminate. This article addresses the question of when, if ever, trait discrimination is actionable sex discrimination under Title VII. The dominant response advocated by scholars has been to require employers to act in a rigid and formalistically sex-neutral manner toward their employees. If an employer allows female employees …
One Of These Things Is Not Like The Other: Analogizing Ageism To Racism In Employment Discrimination Cases, Rhonda M. Reaves
One Of These Things Is Not Like The Other: Analogizing Ageism To Racism In Employment Discrimination Cases, Rhonda M. Reaves
University of Richmond Law Review
No abstract provided.
Under The Influence: Adolescent Girls' Compliance In Competitive Softball., Cory Lewis
Under The Influence: Adolescent Girls' Compliance In Competitive Softball., Cory Lewis
Electronic Theses and Dissertations
This thesis examines how and why young female athletes participate in the competitive organized sport of softball. Based on participant observation and interviews with coaches and players of Team Z, this study examines how parents and coaches influence females to participate in athletics through incentives and punishments. This thesis also examines the cultural assumptions about work that organized sports introduce to female athletes. Furthermore, the study discusses how parents and competitive sports organizations perpetuate the existence of male domination in sports and in society more generally.
Generalizing Disability, Michael Ashley Stein
Generalizing Disability, Michael Ashley Stein
Michigan Law Review
Published in 1949, Joseph Tussman and Jacobus tenBroek's article The Equal Protection of the Laws has exerted longstanding influence on subsequent Fourteenth Amendment scholarship. Insightfully, Tussman and tenBroek identified a paradox: although the very notion of equality jurisprudence is a "pledge of the protection of equal laws," laws themselves frequently classify individuals, and "the very idea of classification is that of inequality." Notably, classification raises two sometimes concurrent varieties of inequality: over-inclusiveness and under-inclusiveness. Of these, over-inclusiveness is a more egregious equal protection violation due to its ability to "reach out to the innocent bystander, the hapless victim of circumstance …
Bench Versus Trench: A Judge And An Academic Debate The Affirmative Action Cases, Timothy Goldsmith, Morris B. Hoffman
Bench Versus Trench: A Judge And An Academic Debate The Affirmative Action Cases, Timothy Goldsmith, Morris B. Hoffman
The Gruter Institute Working Papers on Law, Economics, and Evolutionary Biology
The following dialog on the proper roles of government and universities in meeting a vexing social challenge grew out of an evening of wine and cordial disagreement between two friends with different backgrounds and perspectives. The problem: How does the nation provide equal educational opportunity in an ethnically diverse democracy with both a troubled history of racial injustice and a constitutional commitment to individual freedom. Readers are invited to decide for themselves how justice can be found.
Same-Sex Partners And Family Class Immigration: Still Not Equal With Opposite-Sex Partners, Donald G. Caswell
Same-Sex Partners And Family Class Immigration: Still Not Equal With Opposite-Sex Partners, Donald G. Caswell
Dalhousie Law Journal
The Immigration and Refugee Protection Act, which came into force in 2002, and the Regulations under it, expanded family class immigration to include commonlaw partners and conjugal partners in addition to spouses A common-law partner or a conjugal partner may be either an opposite-sex or same-sex partner-as can a spouse, depending upon the currently evolving law with respect to samesex marriage. Under the former Immigration Act, same-sex partners had been admitted pursuant to the discretion to admit immigrants on the basis of compassionate or humanitarian considerations. After examining the admission of same-sex partners under both the former and the current …
Lessons From And For "Disabled" Students, Sharon E. Rush
Lessons From And For "Disabled" Students, Sharon E. Rush
UF Law Faculty Publications
The traditional understanding of "disabled" means to have a physical, mental, or emotional limitation. It is unfortunate that the word has negative connotations because we all have the ability to do some things and not others. An individual's disabilities, traditional or otherwise, do not diminish the person or detract from the universal tenet that all people are inherently equal and entitled to be treated with dignity. Generally, it is unproductive to compare the circumstances of one group with another for the purpose of discerning which group has it better or worse. Struggles by different groups to achieve equality have different …
When Equality Leaves Everyone Worse Off: The Problem Of Leveling Down In Equality Law, Deborah L. Brake
When Equality Leaves Everyone Worse Off: The Problem Of Leveling Down In Equality Law, Deborah L. Brake
ExpressO
Existing case law and legal scholarship assume that inequality may be remedied in one of two ways: improving the lot of the disfavored group to match that of the most favored group, or lowering the level of treatment for the favored group until their members fare as badly as the persons complaining of inequality. The term “leveling down” refers to the latter response. The 1971 case of Palmer v. Thompson provides the classic example of the typical judicial response to leveling down: the Supreme Court accepted the decision of Jackson, Mississippi, to close its swimming pools, rather than operate them …
Panel Ii: Thirty Years Of Title Ix, Linda Wharton, Lawrence Joseph, Donna Lopiano, Alison Marshall
Panel Ii: Thirty Years Of Title Ix, Linda Wharton, Lawrence Joseph, Donna Lopiano, Alison Marshall
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Plight Of "Nappy-Headed" Indians: The Role Of Tribal Sovereignty In The Systematic Discrimination Against Black Freedmen By The Federal Government And Native American Tribes, Terrion L. Williamson
The Plight Of "Nappy-Headed" Indians: The Role Of Tribal Sovereignty In The Systematic Discrimination Against Black Freedmen By The Federal Government And Native American Tribes, Terrion L. Williamson
Michigan Journal of Race and Law
This Note concerns the role the government has played in the exclusion of Black Freedmen from Native American nations through its implementation and interpretation of the doctrine of tribal sovereign immunity ("tribal sovereignty" or "tribal immunity"). Part I discusses the background of the Freedmen within the Five Civilized Tribes and provides an overview of the doctrine of tribal sovereign immunity, including its role in the controversy concerning the status of Black Indians. Part II discusses the interpretations given to the doctrine of tribal sovereign immunity by United States courts and executive agencies and the effects of those interpretations on relations …
[Review Of] John Carter, Ethnicity, Exclusion And The Workplace, Bridget A. Teboh
[Review Of] John Carter, Ethnicity, Exclusion And The Workplace, Bridget A. Teboh
Ethnic Studies Review
This important volume attempts to evaluate and measure the impact of equal opportunities in the National Health Service and in part, on higher education (4) (i.e. the progress of ethnic minorities through their respective career hierarchies). The major dynamics at work are the desire on the part of excluded social groups to try to gain access into other occupational areas and the success of dominant social groups in closing a particular niche. Those of us who are interested in or confronted by ethnicity in our professional spheres should read this book.
A New Image In The Looking Glass: Faculty Mentoring, Invitational Rhetoric, And The Second-Class Status Of Women In U.S. Academia, Carlo A. Pedrioli
A New Image In The Looking Glass: Faculty Mentoring, Invitational Rhetoric, And The Second-Class Status Of Women In U.S. Academia, Carlo A. Pedrioli
Carlo A. Pedrioli
This article maintains that because Title VII alone does not have the ability to further the progress women have made in academic hiring, retention, and promotion, looking to remedies in addition to Title VII will be advantageous in helping to improve the status of women in U.S. academia. The article suggests as an additional remedy the implementation of faculty mentoring opportunities for junior female faculty members. A key way of initiating and furthering such mentoring opportunities is a type of discourse called invitational rhetoric, which is “an invitation to understanding as a means to create...relationship[s] rooted in equality, immanent value, …
Socioeconomic Status, Acculturation, Discrimination, And Health Of Japanese Americans: Generational Differences, T. Asakura, Alice Murata, W. Kawamoto, K. Nakayama, K. Asakura
Socioeconomic Status, Acculturation, Discrimination, And Health Of Japanese Americans: Generational Differences, T. Asakura, Alice Murata, W. Kawamoto, K. Nakayama, K. Asakura
Counselor Education Emeritus Faculty Publications
No abstract provided.
Retooling The Intent Requirement Under The Fourteenth Amendment, Henry L. Chambers, Jr.
Retooling The Intent Requirement Under The Fourteenth Amendment, Henry L. Chambers, Jr.
Law Faculty Publications
Racial classifications carry the largest taint and require the most justification. Strict scrutiny-the level of scrutiny with which the remainder of the article will be concerned-requires that race-based differentiation serve a compelling state interest and be narrowly tailored to serve that interest, guaranteeing that the reason for the differentiation is extremely important and that the link between the means chosen to meet the ends is extremely tight. Though strict scrutiny is difficult to survive, it is triggered only when a state actor engages in intentional or purposeful racial discrimination. Controversy surrounds whether such a trigger is necessary. However, rather than …
The Effect Of Eliminating Distinctions Among Title Vii Disparate Treatment Cases, Henry L. Chambers, Jr.
The Effect Of Eliminating Distinctions Among Title Vii Disparate Treatment Cases, Henry L. Chambers, Jr.
Law Faculty Publications
St. Mary's Honor Center v. Hicks eliminated the effect of the pretext test and the distinction between standard and pretext cases. Desert Palace interpreted the motivating-factor test in a way that eliminates the distinction between mixed-motives and non-mixed-motives cases. The point is not that the Court has decided the cases incorrectly or with an inappropriate bias. Rather, it is that eliminating the distinctions between the different types of cases suggests that all disparate treatment cases should be treated the same. The result of these decisions will likely be a reversion to an older litigation model in which trial judges are …
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.
Fair And Facially Neutral Higher Educational Admissions Through Disparate Impact Analysis, Michael G. Perez
Fair And Facially Neutral Higher Educational Admissions Through Disparate Impact Analysis, Michael G. Perez
Michigan Journal of Race and Law
Part I of this Note proposes both remedial and instrumental justifications for applying disparate impact scrutiny to admissions policies. This Part argues that disparate impact analysis should be applied to higher education as a remedy for the disadvantage minority applicants face as a result of historic and ongoing intentional discrimination and that schools are culpable for unnecessarily utilizing admissions criteria that have this discriminatory effect. The result of applying disparate impact analysis will be admissions policies that produce diverse student bodies while remaining facially neutral with regard to race. Part II proposes that a necessity standard, unique to the higher …
Splitting Hairs: Why Courts Uphold Prison Grooming Policies And Why They Should Not, Mara R. Schneider
Splitting Hairs: Why Courts Uphold Prison Grooming Policies And Why They Should Not, Mara R. Schneider
Michigan Journal of Race and Law
Part I of this Note describes the substance of prison grooming policies and provides a sampling of cases that have challenged these policies under the Equal Protection and Free Exercise Clauses. Part II explores three theories of discrimination that describe certain types of discriminatory conduct that could be prohibited by the Equal Protection and Free Exercise Clauses. These theories inform the definition of "equal protection of the laws" and impact the analysis of equal protection challenges to prison grooming policies. Part III explores the "religious exemptions" doctrine and explains how courts have interpreted the protections offered to religious groups by …
A New Image In The Looking Glass: Faculty Mentoring, Invitational Rhetoric, And The Second-Class Status Of Women In U.S. Academia, Carlo A. Pedrioli
A New Image In The Looking Glass: Faculty Mentoring, Invitational Rhetoric, And The Second-Class Status Of Women In U.S. Academia, Carlo A. Pedrioli
Faculty Scholarship
This article maintains that because Title VII alone does not have the ability to further the progress women have made in academic hiring, retention, and promotion, looking to remedies in addition to Title VII will be advantageous in helping to improve the status of women in U.S. academia. The article suggests as an additional remedy the implementation of faculty mentoring opportunities for junior female faculty members. A key way of initiating and furthering such mentoring opportunities is a type of discourse called invitational rhetoric, which is “an invitation to understanding as a means to create...relationship[s] rooted in equality, immanent value, …