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2012

Discrimination

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Perceived Discrimination In Ancestral Homeland: Filipino Nikkeijins And The Dynamics Of Migrant Resistance, Ron Bridget Vilog Dec 2012

Perceived Discrimination In Ancestral Homeland: Filipino Nikkeijins And The Dynamics Of Migrant Resistance, Ron Bridget Vilog

Asia-Pacific Social Science Review

The Immigration Control Act of 1990 formally allowed the nikkeijins or descendants of Japanese nationals who were born in foreign countries to enter Japan and work without restriction. Following the rapid migration of Latin American nikkeis, thousands of Filipino nikkeijins had taken advantage of their “ethnic right” by working in Japanese factories. In spite of the privileges bestowed upon them, issues about discrimination, prejudice, and even exploitation had been reported in various fora. This paper examines the reconfiguration of ethnic self-identification as Filipino nikkeijins face social discrimination in Japan. The narratives of second and third generation Filipino nikkeijins reveal that …


Chapters Of The Civil Jury, Doug R. Rendleman Dec 2012

Chapters Of The Civil Jury, Doug R. Rendleman

Doug Rendleman

The civil jury, though constitutionally protected by the seventh amendment, has remained a controversial institution throughout much of Anglo-American legal history. Our romantic ideals are questioned by critics who view the civil jury as prejudiced and unpredictable; proponents note the sense of fairness and "earthy wisdom" gained by community participation in the legal process. This debate surfaces in the process of accommodation between certain substantive goals of the law and the pre-verdict and post-verdict procedural devices courts have employed to control the jury. In this article, Professor Rendleman examines this conflict in his three "chapters" involving racially motivated discharges of …


Experiences Of Discrimination Among Arab Americans And Muslim Americans Post-9/11 Attacks, Lenna Jawdat Dec 2012

Experiences Of Discrimination Among Arab Americans And Muslim Americans Post-9/11 Attacks, Lenna Jawdat

Theses, Dissertations, and Projects

This study explored the experiences of discrimination among Arab Americans and Muslim Americans in the United States following the attacks of September 11, 2001. Although previous research has documented discrimination among these groups, many of these are quantitative studies that fail to capture their qualitative experiences. Twenty-eight Arab American and Muslim American adults completed a mixed methods survey which asked respondents how the events of 9/11 impacted their sense of safety and security. Additionally, they were asked to explore their experiences of discrimination since 9/11 and to speak about their experiences of media bias. The findings indicate that many Arab …


Jewish Cultural Aspirations, Ruth Weisberg Dec 2012

Jewish Cultural Aspirations, Ruth Weisberg

The Jewish Role in American Life: An Annual Review

In the late nineteenth century in Europe and to some extent in the United States, the Jewish upper middle class—particularly the more affluent families—began to enter the cultural spheres of public life, especially in major cities such as Vienna, Berlin, Paris, New York, and London. While many aspects of society were closed to them, theater, the visual arts, music, and art publication were far more inviting, especially if they involved challenging aspects of modernity that might be less attractive to Gentile society. Jews had far less to lose in embracing new forms of expression, and they were very attracted to …


Organizationally Mandated Diversity Training: Participants’ Perceptions At A Southeastern State University, Michelle Lynn Hurley Dec 2012

Organizationally Mandated Diversity Training: Participants’ Perceptions At A Southeastern State University, Michelle Lynn Hurley

Electronic Theses and Dissertations

An amplified emphasis on global competency and a projected demographic shift toward an increasingly diverse population necessitates that businesses and organizations prepare adequately to remain competitive and effective. Training to enhance employees' multicultural competence is often used by organizations to address these impending changes; however, there is little research documenting the degree to which these trainings are effective. Using archival training evaluation data, the purpose of this study was to examine participant estimations of the effectiveness of one such training and also to determine if participant demographic variables including gender, age, ethnicity, sexual orientation, and employee classification (faculty or staff) …


Perspective On Diversity, Human Nature, And Social Inclusion, Michael Sherraden Dec 2012

Perspective On Diversity, Human Nature, And Social Inclusion, Michael Sherraden

Center for Social Development Research

Perspective on Diversity, Human Nature, and Social Inclusion


Community Service Component Of An Alternative Bar Exam, Eileen Kaufman Dec 2012

Community Service Component Of An Alternative Bar Exam, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Court Of Appeals Of New York - People V. Luciano, Natasha Shishov Dec 2012

Court Of Appeals Of New York - People V. Luciano, Natasha Shishov

Touro Law Review

No abstract provided.


International Human Rights Are Taking Hold In U.S. States, Cities, And Towns, Human Rights Institute Dec 2012

International Human Rights Are Taking Hold In U.S. States, Cities, And Towns, Human Rights Institute

Human Rights Institute

New York, NY (December 10, 2012) – Incorporating human rights into local policies and decision-making leads to effective, sustainable, and responsive policies, according to a new report released today by Columbia Law School’s Human Rights Institute.


Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli Nov 2012

Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli

Pepperdine Law Review

No abstract provided.


Suturing A Torn System: How To Reduce Discrimination Against Hiv-Positive Medical Care Workers, Scott M. Engstrom Nov 2012

Suturing A Torn System: How To Reduce Discrimination Against Hiv-Positive Medical Care Workers, Scott M. Engstrom

Scott M Engstrom

Although HIV has qualified as a disability under the Americans with Disabilities Act (“ADA”) ever since the Supreme Court’s 1998 decision in Bragdon v. Abbott, the ADA’s “direct threat” defense has been broadly used and interpreted expansively. Although many sub-categories of individuals with HIV have meritorious legal issues that demand analysis, the complexities of the medical profession coupled with HIV’s stigma have rendered confidentiality and disclosure issues ripe in that field. For the purpose of this note I have grouped together all individuals who provide medical services into a class which I call “Medical Care Workers” or “MCWs.” More specifically, …


Milking The New Sacred Cow: The Supreme Court Limits The Peremptory Challenge On Racial Grounds In Powers V. Ohio And Edmonson V. Leesville Concrete Co., Bradley R. Kirk Nov 2012

Milking The New Sacred Cow: The Supreme Court Limits The Peremptory Challenge On Racial Grounds In Powers V. Ohio And Edmonson V. Leesville Concrete Co., Bradley R. Kirk

Pepperdine Law Review

No abstract provided.


Harmless Amusement Or Sexual Harassment: The Reasonableness Of The Reasonable Woman Standard, Penny L. Cigoy Nov 2012

Harmless Amusement Or Sexual Harassment: The Reasonableness Of The Reasonable Woman Standard, Penny L. Cigoy

Pepperdine Law Review

No abstract provided.


When Will Black Women Lawyers Slay The Two-Headed Dragon: Racism And Gender Bias, Wilma Williams Pinder Nov 2012

When Will Black Women Lawyers Slay The Two-Headed Dragon: Racism And Gender Bias, Wilma Williams Pinder

Pepperdine Law Review

No abstract provided.


Academic Achievement And Attitudes Of Arab-American Immigrants, Nour Fakhoury Nov 2012

Academic Achievement And Attitudes Of Arab-American Immigrants, Nour Fakhoury

Master's Theses and Doctoral Dissertations

There is no single predictor of economic success in modern America more than one’s education level. There has been much empirical research examining immigrant students and academic achievement, in order to provide the necessary support to increase the likelihood of academic success. However, there has been little research to investigate the case of Arab-American immigrants. The influx of immigrants from Arab countries that have recently experienced much instability due to war and conflict, and the increased negative visibility of Arabs post-September 11, make it vital to examine the experiences of Arab immigrant students and how their experiences affect their academic …


The Private Club Exemption From Civil Rights Legislation - Sanctioned Discrimination Or Justified Protection Of Right To Associate, Margaret E. Koppen Nov 2012

The Private Club Exemption From Civil Rights Legislation - Sanctioned Discrimination Or Justified Protection Of Right To Associate, Margaret E. Koppen

Pepperdine Law Review

No abstract provided.


Government's Denigration Of Religion: Is God The Victim Of Discrimination In Our Public Schools?, Michael R. O'Neill Nov 2012

Government's Denigration Of Religion: Is God The Victim Of Discrimination In Our Public Schools?, Michael R. O'Neill

Pepperdine Law Review

No abstract provided.


Sexual Harassment Of Employees By Non-Employees: When Does The Employer Become Liable?, Robert J. Aalberts, Lorne H. Seidman Nov 2012

Sexual Harassment Of Employees By Non-Employees: When Does The Employer Become Liable?, Robert J. Aalberts, Lorne H. Seidman

Pepperdine Law Review

No abstract provided.


The Dismantling Of Mcdonnell Douglas V. Green: The High Court Muddies The Evidentiary Waters In Circumstantial Discrimination Cases, Melissa A. Essary Nov 2012

The Dismantling Of Mcdonnell Douglas V. Green: The High Court Muddies The Evidentiary Waters In Circumstantial Discrimination Cases, Melissa A. Essary

Pepperdine Law Review

No abstract provided.


Eradicating Sex Discrimination In Education: Extending Disparate-Impact Analysis To Title Ix Litigation, James S. Wrona Nov 2012

Eradicating Sex Discrimination In Education: Extending Disparate-Impact Analysis To Title Ix Litigation, James S. Wrona

Pepperdine Law Review

No abstract provided.


The Relationship Between Loneliness, Ethnic Identity, And Dimensions Of Membership Across First, Second, And Third Generation Americans, Rajni Sharma Nov 2012

The Relationship Between Loneliness, Ethnic Identity, And Dimensions Of Membership Across First, Second, And Third Generation Americans, Rajni Sharma

Colonial Academic Alliance Undergraduate Research Journal

The current study sought to explore the relationship between loneliness, ethnic identity, and dimensions of membership across generational statuses in the United States. One hundred ninety-four first, second, and third generation Americans participated in an online study which questioned the degree to which they participated in their native culture, their level of loneliness, and their experiences of discrimination, perceived inclusion, and how positively they view their ethnic group. As hypothesized, the more first generations participated in their native culture, the less loneliness they experienced. The more second generation Americans were educated about their native culture from their parents, the less …


Research Report: A Profile Of Racial Vilification Complaints Lodged With The New South Wales Anti-Discrimination Board, Luke Mcnamara Nov 2012

Research Report: A Profile Of Racial Vilification Complaints Lodged With The New South Wales Anti-Discrimination Board, Luke Mcnamara

Luke McNamara

In 1989 New South Wales became the first State in Australia to legislate against racial vilification. The introduction of this legislation, and discussion of similar provisions in other jurisdictions, rekindled debates about the legitimacy of legal limits on hate speech. However, little is known about the practical operation of antivilification laws. This report presents the results of a survey of more than 160 racial vilification complaints handled by the New South Wales Anti-Discrimination Board from 1993 to 1995. The profile of the legislation in practice presented here provides a valuable empirical foundation for critical assessment of anti-vilification provisions and of …


All In The Family: Examining Louisiana’S Faulty Birth Order-Based Discrimination, Taylor Gay Nov 2012

All In The Family: Examining Louisiana’S Faulty Birth Order-Based Discrimination, Taylor Gay

Louisiana Law Review

No abstract provided.


Labor And Employment Law, Vijay K. Mago, Elizabeth E. Clarke, Eric Wallace Nov 2012

Labor And Employment Law, Vijay K. Mago, Elizabeth E. Clarke, Eric Wallace

University of Richmond Law Review

No abstract provided.


Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe Oct 2012

Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe

Pepperdine Law Review

No abstract provided.


Transcript For Panel Three: Privacy: Genetic Profiling And Discrimination , Christopher H. Asplen, F.Samuel Baechtel, Lon A. Berk, Susan D. Carle, Q.Todd Dickinson Oct 2012

Transcript For Panel Three: Privacy: Genetic Profiling And Discrimination , Christopher H. Asplen, F.Samuel Baechtel, Lon A. Berk, Susan D. Carle, Q.Todd Dickinson

Susan D. Carle

No abstract provided.


The Americans With Disabilities Act, Mental Illness,And Medication: A Historical Perspective And Hope For The Future, Jennifer M. Jackson Oct 2012

The Americans With Disabilities Act, Mental Illness,And Medication: A Historical Perspective And Hope For The Future, Jennifer M. Jackson

Marquette Elder's Advisor

No abstract provided.


An Economic Theory Of Discrimination, Nadeem Naqvi Oct 2012

An Economic Theory Of Discrimination, Nadeem Naqvi

Nadeem Naqvi

Discrimination involves rewarding or penalizing persons based on their respective social identities rather than on their merits or qualifications. All explanations of discrimination, including contributions in Becker (1957) and Akerlof and Kranton (2000), ascribe a utility function to each individual. This is deeply problematic, because I prove that assigning to individuals binary preferences or their utility function representations entails the impossibility of interpersonal social-identity diversification, rendering all persons in society indistinguishable by identity. Instead, I identify individuals with non-binary preferences, and prove the existence of endogenous social diversification in a Pareto optimal state that exhibits discrimination.


The When (And How) Of Intergroup Competition And Discrimination: Distinguishing The Contributions Of Competitive Perceptions And Motivations, Matthew A. Maxwell-Smith Oct 2012

The When (And How) Of Intergroup Competition And Discrimination: Distinguishing The Contributions Of Competitive Perceptions And Motivations, Matthew A. Maxwell-Smith

Electronic Thesis and Dissertation Repository

A new framework is proposed to examine the effects of intergroup competition on discrimination by assessing the influence of participants’ subjective construal of potentially competitive events. It posits that competitive intergroup perceptions (CIP; the perception that one’s ingroup and another group(s) are attempting to gain a reward or desired outcome at the expense of each other) and competitive intergroup motivations (CIM; the desire for one’s ingroup to acquire more of a reward than the other group(s)) are related but distinct constructs. This distinction implies that CIP and CIM should be strongly related, but not to the point of suggesting they …


Equality Standards For Health Insurance Coverage: Will The Mental Health Parity And Addiction Equity Act End The Discrimination?, Ellen M. Weber Oct 2012

Equality Standards For Health Insurance Coverage: Will The Mental Health Parity And Addiction Equity Act End The Discrimination?, Ellen M. Weber

Ellen M. Weber

Congress enacted the Mental Health Parity and Addiction Equity Act in 2008 to end discriminatory health insurance coverage for persons with mental health and substance use disorders in large employer health plans. Adopting a comprehensive regulatory approach akin to other civil rights laws, the Parity Act requires “equity” in all plan features, including cost-sharing, durational limits and, most critically, the plan management practices that are used to deny many families medically necessary behavioral health care. Beginning in 2014, all health plans regulated by the Affordable Care Act must also comply with parity standards, effectively ending the second-class insurance status of …