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2017

Discrimination

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The Effect Of Changes In Racial Composition On Housing Prices: A Study Of The Most Diverse Place In The World, Youseph Anwar Dec 2017

The Effect Of Changes In Racial Composition On Housing Prices: A Study Of The Most Diverse Place In The World, Youseph Anwar

Theses and Dissertations

This study attempts to illustrate that increases in minority residents may lead to decreases in housing prices. I observe the effects of changes in racial composition on housing prices in Queens, NY from 2011-2015. The following econometric tools are implemented: a fixed effects model, quantile, hedonic, and OLS regressions.


Pov: Scotus Should Not Permit “Boycott Of Same-Sex Marriage”, Linda C. Mcclain Dec 2017

Pov: Scotus Should Not Permit “Boycott Of Same-Sex Marriage”, Linda C. Mcclain

Faculty Scholarship

On December 5, 2017, the Supreme Court heard oral argument in Masterpiece Cakeshop v. Colorado Civil Rights Commission, in which baker (self-described cake artist) Jack Phillips, owner of Masterpiece Cakeshop, asked the court to decide “whether applying Colorado’s public accommodations law to compel artists to create expression that violates their sincerely held religious beliefs about marriage violates the Free Speech or Free Exercise Clauses of the First Amendment.”


Social Media In The Hiring Process: Uncovering Top Talent Or Lawsuits, Ian U. Anderson Dec 2017

Social Media In The Hiring Process: Uncovering Top Talent Or Lawsuits, Ian U. Anderson

Marriott Student Review

As social media use in the hiring process increases, hiring managers must understand how to use it effectively and legally. Improper use of social media when researching candidates can lead to lawsuits. This article features three key recommendation for effective use of social media in hiring decisions.


Gender Typing In Stereo: The Transgender Dilemma In Employment Discrimination, Richard F. Storrow Dec 2017

Gender Typing In Stereo: The Transgender Dilemma In Employment Discrimination, Richard F. Storrow

Maine Law Review

Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination against men because they are men and against women because they are women. This familiar characterization of the Act has been quoted in dozens of sex discrimination cases to support a narrow view of who is protected against sex discrimination in this country. When transsexuals file suit, “[e]mployment discrimination jurisprudence at both the federal and state levels ... captures transsexuals in a discourse of exclusion from social participation. This wide net, using a remarkably refined system of semantic manipulations, snags all claims launched by transsexuals and reveals …


Hiv And The Ada: What Is A Direct Threat?, Dawn-Marie Harmon Dec 2017

Hiv And The Ada: What Is A Direct Threat?, Dawn-Marie Harmon

Maine Law Review

Anne, a surgical technician at a local hospital, recently learned that she was HIV-positive. She works in the emergency room and, as a part of her job, she hands surgical instruments to doctors performing emergency surgery. It is a fast paced and unpredictable environment. Her hands often come in contact with sharp instruments. Although Anne has never put her hands into a patient's body cavity, there is a remote possibility that she may need to do so in the future. There is always a possibility, however small, that she will cut herself and come into blood-to-blood contact with a doctor …


Revisiting The Gender Wage Gap In Korea: Focusing On Working Hours By Occupation, Nayeon Lim, Minsik Choi Dec 2017

Revisiting The Gender Wage Gap In Korea: Focusing On Working Hours By Occupation, Nayeon Lim, Minsik Choi

PERI Working Papers

This paper explores the relationship between working hours and the residual gender wage gap in Korea. Because the labor practice of working long hours in Korea favors men, who tend to spend little time on domestic labor, long working hours can influence the residual gender wage gap by discriminating against women. We analyze this discrimination empirically using data from the wage structure parts of the Survey on Labor Conditions by Employment Types from 2009 to 2016, and find the following results. First, the returns from working long hours are not high in most occupations in Korea. Thus, long working hours …


Running From The Gender Police: Reconceptualizing Gender To Ensure Protection For Non-Binary People, Katie Reineck Dec 2017

Running From The Gender Police: Reconceptualizing Gender To Ensure Protection For Non-Binary People, Katie Reineck

Michigan Journal of Gender & Law

Non-binary people who are discriminated against at work or school are in a unique and demoralizing position. Not only have some courts expressed reluctance to use existing antidiscrimination law to protect plaintiffs who are discriminated against based on their gender identity and not simply because they are men or women, in most states non-binary genders are not legally recognized. I argue that a fundamental right to self-identification grounded in the Due Process Clause of the Fourteenth Amendment would provide non-binary plaintiffs with the ability to assert their gender in court and have that assertion carry legal weight, regardless of how …


Speaking Our Truth: Gender Minority People's Experiences With Discrimination, Codie L. Stone Dec 2017

Speaking Our Truth: Gender Minority People's Experiences With Discrimination, Codie L. Stone

Dissertations

This research builds on the growing literature on gender minority identities and issues, and aims to bring to light the voices, experiences, and ideas of this marginalized population contributing to our knowledge of the ways that discrimination is experienced by gender minorities. Participants' in this study are adults who identify within a marginalized gender category, mostly transgender and gender non-binary. The purpose of this research is to provide a glimpse into the lives of these participants and showcase the extreme vulnerability and vigilance, as well as resilience, participants navigate and embody. Using an intersectional framework, this research explores the influences …


Intention, Questions, And Creative Expression: An Antidiscriminatory Diversity Statement, Hannah S. Bright Nov 2017

Intention, Questions, And Creative Expression: An Antidiscriminatory Diversity Statement, Hannah S. Bright

Scholarship and Engagement in Education

Supporting education that reflects diversity involves maintaining awareness of one’s personal positionality, creating safe and inclusive learning communities, and using creativity and choice to empower and honor student voice and individual development. When working in educational settings, teachers may involve students in selecting relevant materials, and follow their lead in creating critical dialogue about salient factors of identity.


Sexual Orientation, Equal Treatment And The Right To Manifest Religion: Lee V Mcarthur, Mel Cousins Nov 2017

Sexual Orientation, Equal Treatment And The Right To Manifest Religion: Lee V Mcarthur, Mel Cousins

Mel Cousins

This note outlines the recent decisions of the Northern Ireland courts in what has become known as the ‘gay cake’ case. The county court ruled that the bakery (Ashers) and its directors had discriminated against Mr. Lee on the grounds of sexual orientation (under the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006) and on the grounds of political opinion and/or religious belief (under the Fair Employment and Treatment (Northern Ireland) Order 1998). The court further held that any limit on the manifestation of the defendant’s religious beliefs was necessary in a democratic society and a proportionate means of achieving a …


Third Generation Discrimination: The Ripple Effects Of Gender Bias In The Workplace, Catherine Ross Dunham Nov 2017

Third Generation Discrimination: The Ripple Effects Of Gender Bias In The Workplace, Catherine Ross Dunham

Akron Law Review

This Article joins together threads of ongoing conversations regarding implicit bias and gender discrimination. The Article builds on the groundbreaking work of Susan Sturm of Columbia University who developed the theory of second generation gender discrimination, Title VII gender discrimination based on implicit bias, in her article Second Generation Employment Discrimination: A Structural Approach, 101 Colum. L. Rev. 458 (2001). In her article, Sturm developed a theory to pursue Title VII claims where the employment practice at issue is facially-neutral, but the effect of the policy in a bias-based, homogeneous work environment is discriminatory. Since 2001, several high profile …


Jespersen V. Harrah's Operating Co.: Employer Appearance Standards And The Promotion Of Gender Stereotypes, Hillary J. Bouchard Nov 2017

Jespersen V. Harrah's Operating Co.: Employer Appearance Standards And The Promotion Of Gender Stereotypes, Hillary J. Bouchard

Maine Law Review

In Jespersen v. Harrah’s Operating Co., Harrah’s Casino (Harrah’s) gave Darlene Jespersen (Jespersen), a female employee, thirty days to comply with the new mandatory makeup requirement the business imposed on its female beverage service employees. Jespersen refused, thirty days passed, and Harrah’s immediately terminated her. After unsuccessfully seeking administrative relief with the Equal Employment Opportunity Commission (EEOC), Jespersen filed a lawsuit against Harrah’s in federal district court. The claim alleged “disparate treatment sex discrimination” by Harrah’s in violation of Title VII. Subsequently, Harrah’s moved for summary judgment, and the district court granted the motion. The court found that Harrah’s employee …


“Compelled To Row: Blacks On Royal Navy Galleys During The American Revolution”, Charles R. Foy Nov 2017

“Compelled To Row: Blacks On Royal Navy Galleys During The American Revolution”, Charles R. Foy

Faculty Research & Creative Activity

Work on Royal Navy galleys in North America during the American Revolution was physically demanding, lacked in sufficient shelter for their crews and rarely resulted in sailors obtaining prize monies. These conditions resulted in desertion rates five times greater than on other Royal Navy vessels and the frequent employment of older men. At the same time, Blacks served British galleys at twice the rate as on other Royal Navy vessels. This was due to the hiring out of slaves onto galleys by Loyalists, the impressment of free black seamen by galley commanders and fugitive slaves seeking freedom through service on …


Defense Counsel And Public Defence, Eve Brensike Primus Nov 2017

Defense Counsel And Public Defence, Eve Brensike Primus

Book Chapters

Public-defense delivery systems nationwide are grossly inadequate. Public defenders are forced to handle caseloads that no one could effectively manage. They often have no funding for investigation or expert assistance. They aren’t adequately trained, and there is little to no oversight of their work. In many jurisdictions, the public-defense function is not sufficiently independent of the judiciary or the elected branches to allow for zealous representation. The result is an assembly line into prison, mostly for poor people of color, with little check on the reliability or fairness of the process. Innocent people are convicted, precious resources are wasted, and …


Discrimination And Anger Control As Pathways Linking Socioeconomic Disadvantage To Allostatic Load In Midlife, Samuele Zilioli, Ledina Imami, Anthony D. Ong, Mark A. Lumley, Tara Gruenewald Oct 2017

Discrimination And Anger Control As Pathways Linking Socioeconomic Disadvantage To Allostatic Load In Midlife, Samuele Zilioli, Ledina Imami, Anthony D. Ong, Mark A. Lumley, Tara Gruenewald

Psychology Faculty Articles and Research

Objective

Recent evidence suggests that experiences of discrimination contribute to socioeconomic status health disparities. The current study examined if the experience and regulation of anger—an expected emotional response to discrimination—serves as an explanatory factor for the previously documented links between socioeconomic disadvantage (SED), discrimination, and allostatic load.

Methods

Data were drawn from the second wave of the Midlife Development in the U.S. study and included 909 adults who participated in the biomarkers subproject.

Results

Results revealed that perceived discrimination was associated with higher levels of allostatic load. Furthermore, we found evidence that perceived discrimination and anger control sequentially explained the …


Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel Oct 2017

Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel

Life of the Law School (1993- )

No abstract provided.


Can You Hear Us Now? Engaging Young African American Voices In Urban Communities And Schools, Alyssia C. Hence Oct 2017

Can You Hear Us Now? Engaging Young African American Voices In Urban Communities And Schools, Alyssia C. Hence

McNair Scholars Research Journal

This qualitative study will examine the impact of zero tolerance policies and school discipline practices on the educational experience of African American students, with a concentration on students who reside in urban communities. The objective of this study is to engage the perspectives of African American students about the impact of school discipline on their educational experiences. This study will examine factors that contribute to African American students entering the “school-to-prison pipeline,” and explore the role that suspensions and expulsions play in increasing the likelihood of students entering the juvenile justice system. The data collected in this study will identify …


Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel Oct 2017

Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel

Law School Blogs

No abstract provided.


India’S Revised Model Bit: Two Steps Forward, One Step Back?, Jesse Coleman, Kanika Gupta Oct 2017

India’S Revised Model Bit: Two Steps Forward, One Step Back?, Jesse Coleman, Kanika Gupta

Columbia Center on Sustainable Investment Staff Publications

In December 2015, the Indian government approved the final text of its revised model bilateral investment treaty (BIT). Shortly thereafter, in February 2016, India published a joint interpretative statement to clarify its understanding of certain treaty provisions found in existing Indian treaties. These recent developments in Indian investment treaty policy are products of a multi-year review process ,prompted at least in part by the 2011 finding against India in the White Industries claim - the first such known finding against the state – and by several notices of dispute received following the determination in that case.


Gender, Race, And Violence: A Critical Examination Of Trauma In The Color Purple, Jessica Lewis Oct 2017

Gender, Race, And Violence: A Critical Examination Of Trauma In The Color Purple, Jessica Lewis

Sacred Heart University Scholar

The purpose of this article is to analyze the roles gender and race play in relation to trauma in Alice Walker’s novel, The Color Purple. Specifically, the article argues that gender and race are the underlying causes of the violence and trauma experienced by Walker’s female characters, Celie, Sophia, and Squeak. While violence does not always lead to internal conflict, this critical examination looks chiefly at trauma that is derived from violence. As a catalyst for targeted violence, identity categories, in particular female and African American are explored and their roles in oppression are investigated. In doing so, the …


An Intersectional Approach To Homelessness: Discrimination And Criminalization Oct 2017

An Intersectional Approach To Homelessness: Discrimination And Criminalization

Marquette Benefits and Social Welfare Law Review

The purpose of this essay is to address discrimination against homeless people. First of all, the theory of intersectionality will be explained and then applied as a method of analysis. The complexity of defining homelessness will be tackled, focusing on the difficulties encountered when approaching this concept. I will discuss notions of protected ground and immutability of personal characteristics, then outline an intersectional approach to homelessness. Intersectional discrimination has not yet been applied by many courts and tribunals, but Canada has proven to be a vanguard in this area. For this reason, Canadian case law has been chosen as the …


The Bankruptcy Of Refusing To Hire Persons Who Have Filed Bankruptcy, Terrence Cain Oct 2017

The Bankruptcy Of Refusing To Hire Persons Who Have Filed Bankruptcy, Terrence Cain

Faculty Scholarship

In 1978, Congress made it illegal for government employers to deny employment to, terminate the employment of, or discriminate with respect to employment against a person who has filed bankruptcy. In 1984, Congress extended this prohibition to private employers by making it illegal for such employers to terminate the employment of, or discriminate with respect to employment against a person who has filed bankruptcy. Under the law as it currently exists, private employers can refuse to hire a person who has filed bankruptcy solely because that person has filed for bankruptcy. Meanwhile, employers have substantially increased their use of credit …


Laverne Cox And The Fight For Lgbt+ Rights, Kelley Ambrose Oct 2017

Laverne Cox And The Fight For Lgbt+ Rights, Kelley Ambrose

Faculty Curated Undergraduate Works

This research paper highlights Laverne Cox and her life, accomplishments, and fight for equality among women, people of color, and the LGBT+ community. It speaks of different laws and regulations that hold or have held transgender people back and explains Cox’s relevance to the First Year Seminar course “Well-Behaved Women Seldom Make History”. It also touches on discrimination and the problems faced by transgender people in America.


Justice Blackmun And Individual Rights, Diane P. Wood Oct 2017

Justice Blackmun And Individual Rights, Diane P. Wood

Dickinson Law Review (2017-Present)

Of the many contributions Justice Blackmun has made to American jurisprudence, surely his record in the area of individual rights stands out for its importance. Throughout his career on the Supreme Court, he has displayed concern for a wide variety of individual and civil rights. He has rendered decisions on matters ranging from the most personal interests in autonomy and freedom from interference from government in life’s private realms, to the increasingly complex problems posed by discrimination based upon race, sex, national origin, alienage, illegitimacy, sexual orientation, and other characteristics. As his views have become well known to the public, …


Do College Admissions Counselors Discriminate? Evidence From A Correspondence-Based Field Experiment, Andrew Hanson Oct 2017

Do College Admissions Counselors Discriminate? Evidence From A Correspondence-Based Field Experiment, Andrew Hanson

Economics Faculty Research and Publications

I design and implement a correspondence based field experiment to test for race and gender discrimination among college admissions counselors in the student information gathering stage. The experiment uses names to identify student race and gender, and student grade, SAT score, and writing differences to reflect varying levels of applicant quality. I find that counselors do not respond differently by race in most cases, but there are measurable differences in response/non-response and in the type of correspondence sent that favor female students. I also find that the quality of the student induces large differences in the type of response.


Major Changes To The Missouri Human Rights Act, Lauren Herbig Sep 2017

Major Changes To The Missouri Human Rights Act, Lauren Herbig

SLU Law Journal Online

In this article, Lauren Herbig discusses the potential ramifications of the amended Missouri Human Rights Act and how its implementation could affect discrimination suits in Missouri.


Open Source: The Enewsletter Of Rwu Law 09-22-2017, Roger Williams University School Of Law Sep 2017

Open Source: The Enewsletter Of Rwu Law 09-22-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


"I Feel Like I Just Need To Be More Careful, You Know?": Gay And Bisexual Post-Secondary Students Contemplate The Job Market, Kyle Carmelo Militello Sep 2017

"I Feel Like I Just Need To Be More Careful, You Know?": Gay And Bisexual Post-Secondary Students Contemplate The Job Market, Kyle Carmelo Militello

Electronic Thesis and Dissertation Repository

Through a qualitative lens, this research explores the concerns sexual minority students have about making the transition to full-time employment and examines how experiences of adversity shape concerns and anxieties. Unlike the previous generations before them, the students who participated in this study share the privilege of entering a labour market that prohibits discrimination on the basis of sexual identity. With the aim of complementing and advancing existing literature, the study is motivated by the following research question: despite being a protected class, do post-secondary gay and bisexual students hold anxieties about joining a potentially heteronormative workforce? To answer this …


Romani Women: The European Union’S Most Stigmatized Minority, Sandrine Charlotte Bartos Sep 2017

Romani Women: The European Union’S Most Stigmatized Minority, Sandrine Charlotte Bartos

Claremont-UC Undergraduate Research Conference on the European Union

The Roma are Europe’s most discriminated and vulnerable minority, yet little is really known about them. This paper will shed light on the situation of Romani women through interviews done through NGOs and publications released through the European Union. As the gaps between the Roma and the general population are still so big, the author cannot offer any concrete solutions, but it is hoped that this will bring to light the shortcomings of the institutions of the European Union and its member states in helping the Roma.


Smoking Guns: The Supreme Court's Willingness To Lower Procedural Barriers To Merits Review In Cases Involving Egregious Racial Bias In The Criminal Justice System, Carrie Leonetti Sep 2017

Smoking Guns: The Supreme Court's Willingness To Lower Procedural Barriers To Merits Review In Cases Involving Egregious Racial Bias In The Criminal Justice System, Carrie Leonetti

Marquette Law Review

The systematic foreclosure of federal-court review of even the most meritorious federal constitutional challenges of state criminal convictions has made review on the merits of an inmate’s claim that a state court violated the U.S. Constitution in adjudicating a criminal case exceedingly rare. Nonetheless, over the past two terms, the Supreme Court appears to have started down a different road, overlooking potential procedural hurdles in several cases to uphold on the merits state inmates’ claims that their criminal trials were tainted by explicit race discrimination. While these cases taken together seem to suggest that the Court is willing to address …