Law Commons^™

The Public’S Companies, Andrew K. Jennings

Fordham Journal of Corporate & Financial Law

This Essay uses a series of survey studies to consider how public understandings of public and private companies map into urgent debates over the role of the corporation in American society. Does a social-media company, for example, owe it to its users to follow the free-speech principles embodied in the First Amendment? May corporate managers pursue environmental, social, and governance (“ESG”) policies that could reduce short-term or long-term profits? How should companies respond to political pushback against their approaches to free expression or ESG?

The studies’ results are consistent with understandings that both public and private companies have greater public …

Staff Matters: How Does Michigan’S New Crown Act Impact Dental Practices?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

This article discusses Michigan’s new CROWN Act prohibiting hair-based discrimination and its impact on dental offices. This article is an installment of the MDA Journal’s monthly Staff Matters® department.

How To Be An Anti-Racist Educator: A Book Review Through An Educational Perspective, Maria Cristina F. Soares, Melanie Morales

Journal of Multicultural Affairs

The authors reviewed the book How to be an Antiracist by Ibram X. Kendi (2019) while reflecting on how Kendi’s brilliant dismantlement of racism and discrimination would help educators become conscious of how racism operates in our society, their schools, and their communities. Kendi’s book could motivate teachers to self-reflect on intrinsic feelings and misconceptions about race and culture built over time, allowing them to adopt new attitudes towards their students and school community. The authors considered the need to reevaluate systemic racism in schools as research has, for instance, found evidence of discriminatory practices towards African American boys (Gregory …

Testimonios Of Latinas In The Federal Government Senior Executive Service: Honoring Women Who Excel In Public Service, Amarylis Lopez

Theses & Dissertations

The Senior Executive Service (SES) is the highest tier of executive management and leadership in the federal government. The Latino/a population has significantly increased in the past three decades with no corresponding increase in the federal workforce and the number of Latinos/as serving in the SES remains low. As Latinos/as in the SES are largely underrepresented, their ability to influence federal policies is significantly undermined. The purpose of this study is to explore the testimonios (testimonies) of Latinas in the SES to better understand their experiences while navigating entry into the SES and maintaining their respective positions.

This study used …

Where The Rainbow Ends: The Hidden Humanitarian Crisis For Members Of The Lgbtqia+ Community In International Business, John R. Krendel

Senior Honors Projects, 2020-current

Before pursuing an international career, members of the LGBTQIA+ community must be aware of the hardship that may be exacerbated by living and working abroad. This study addresses the trends in laws, including employment and anti-discrimination laws, that provide and restrict certain rights of members of the LGBTQIA+ community in eight countries. These nations, both progressive and discriminatory, include the United States, England, Switzerland, Germany, Taiwan, China, the Philippines and Kazakhstan. Eight LGBTQIA+ business professionals spoke on their experiences living and working in each of these countries and provided advice to members of the community wishing to pursue an international …

A Comparative Study On Competition Laws And Practices Between Saudi Arabia And The United States, Hussain N. Agil

AAU Journal of Business and Law مجلة جامعة العين للأعمال والقانون

This paper mainly compares the prevailing competition laws and practices of both the United States of America and Saudi Arabia with respect to their historical development and the legal systems of these countries. These objectives emanate from the globalization of trade and commerce, which necessitates considerable knowledge on the part of the global investors of the similarities and differences between the two countries for ease of trade. Being a comparative study, the current work adopts a comparative analysis methodology whose main objective is to evaluate the characteristics of each competition practice. Furthermore, there has been a need to reconcile the …

Comparative Views On Age Discrimination Within Appellate Court Decisions: Utilizing Werner And Bolino’S Framework, Daniel Trinkle

Undergraduate Honors Theses

The manner by which courts view performance appraisals in relation to the outcome of case is certainly a topic worthy of discussion. Utilizing the framework used within the work of Werner and Bolino (1997), the following study was able to accomplish two main goals: (1) update the information of Werner and Bolino (1997) by evaluating modern cases, and (2) to evaluate new data regarding age discrimination utilizing the same framework as Werner and Bolino (1997). Utilizing chi-square analysis to test all of the hypotheses, it was demonstrated that there was statistical significance in performance appraisals with the presence of a …

Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, Katelyn Polk

Northwestern Journal of Law & Social Policy

Having an eviction record “blacklists” tenants from finding future housing. Even renters with mere eviction filings—not eviction orders—on their records face the harsh collateral consequences of eviction. This Note argues that eviction records should be sealed at filing and only released into the public record if a landlord prevails in court. Juvenile record expungement mechanisms in Illinois serve as a model for one way to protect people with eviction records. Recent updates to the Illinois juvenile expungement process provided for the automatic expungement of certain records and strengthened the confidentiality protections of juvenile records. Illinois protects juvenile records because it …

Salary History And The Equal Pay Act: An Argument For The Adoption Of “Reckless Discrimination” As A Theory Of Liability, Kate Vandenberg

Northwestern Journal of Law & Social Policy

The Equal Pay Act (EPA) purports to prohibit employers from paying female employees less than male employees with similar qualifications; however, the affirmative defenses provided in the EPA are loopholes that perpetuate the gender pay gap. In particular, the fourth affirmative defense allows for wage differentials based on a “factor other than sex.” Many federal circuits have read this defense broadly to include wage differentials based on salary history. That is, an employer can pay a female employee less than her male counterparts because she was paid less by her previous employer. While salary history was once viewed as an …

Law Library Blog (November 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper

Catherine Fisk

No abstract provided.

The Collateral Effects Of Representation : Three Essays Evaluating Representative Bureaucracy In Practice, Ashley Miller Alteri

Legacy Theses & Dissertations (2009 - 2024)

This dissertation evaluates representative bureaucracy, a public management theory that has been embraced by public management scholars and implicitly embraced by practitioners through the use of diversity hiring initiatives. The theory of representative bureaucracy posits that a bureaucracy will function better if the administrative arm of government, in addition to its political one, is representative of the public. This representativeness is achieved if the bureaucrat shares a common identity with the group or groups they are meant to represent. The three papers within this dissertation provide an analysis of how this theory translates into practice. Specifically, these papers examine the …

Patent Law, Copyright Law, And The Girl Germs Effect, Ann Bartow

Law Faculty Scholarship

[Excerpt] "Inventors pursue patents and authors receive copyrights.

No special education is required for either endeavor, and nothing

precludes a person from being both an author and an inventor.

Inventors working on patentable industrial projects geared

toward commercial exploitation tend to be scientists or engineers.

Authors, with the exception of those writing computer code, tend

to be educated or trained in the creative arts, such as visual art,

performance art, music, dance, acting, creative writing, film

making, and architectural drawing. There is a well-warranted

societal supposition that most of the inventors of patentable

inventions are male. Assumptions about the genders …

Federalism And Business Decisions In The October 2005 Term, Carter G. Phillips

Touro Law Review

No abstract provided.

Waiting For Perseus: A Sur-Reply To Professors Graetz And Warren, Ruth Mason, Michael S. Knoll

All Faculty Scholarship

This manuscript responds to Income Tax Discrimination: Still Stuck in a Labyrinth of Impossibility by Professors Michael Graetz and Alvin Warren (121 Yale L.J. 1118). In that article, Professors Graetz and Warren challenge many of the arguments we made in our own article entitled, “What is Tax Discrimination?” (121 Yale L.J. 1014). In our earlier article, we set out to accomplish two goals. First, we sought to identify the principle behind the doctrine of tax discrimination as that doctrine is applied by the U.S. Supreme Court and the Court of Justice of the European Union (ECJ) and to translate that …

Gender Discrimination In The Workforce, Natalie Hays, Katherine Morrow

Social Sciences

No abstract provided.

Discrimination In The Work Place On The Increase, Jamie Knop

Jamie Knop

As we all know, unemployment rates are on the increase at the moment. Conversely, what many of us don’t know is that when the economy is poor, claims for discrimination in the workplace subsequently increase.

Invisible Discrimination: Employers & Social Media Sites, Richard L. Pate

WCBT Working Papers

With the advent and popularity of social networks sites, the boundaries of the relationship between the employer-employee/prospective employee have stretched well beyond the work-place and work-hours. Predictably, this relationship expansion has led to unchartered adversarial scenarios between the respective parties. Unfortunately, in this new, vibrant cyber world, traditional employment law considerations are struggling for deference and rumination. Notwithstanding this ostensible indifference, each phase of the relationship is heavily impacted by social network media. Applicant recruitment, information gathering and applicant selection stand to be impacted by the social network communications made by employees or prospective employees. This article examines whether present …

Disparate Impact Is Not Unconstitutional, Michael Evan Gold

Michael Evan Gold

[Excerpt] In Ricci v. DeStefano, the "New Haven Firefighters" case, whitefirefighters and one Hispanic firefighter sued the city of New Haven, Connecticut and city officials under Title VII. The plaintiffs claimed the city had committed intentional discrimination or disparate treatment against them when the city disregarded the results of promotion examinations that had an adverse effect on black and Hispanic applicants. The Supreme Court sustained the claim. In his concurring opinion, Justice Scalia invited attorneys in subsequent cases to consider arguing that the disparate impact theory of employment discrimination is unconstitutional. He reasoned as follows: • The Constitution prohibits the …

Digital Multi-Media And The Limits Of Privacy Law, Jacqueline D. Lipton

Articles

While digital video and multi-media technologies are becoming increasingly prevalent, existing privacy laws tend to focus on text-based personal records. Individuals have little recourse when concerned about infringements of their privacy interests in audio, video, and multi-media files. Often people are simply unaware that video or audio records have been made. Even if they are aware of the existence of the records, they may be unaware of potential legal remedies, or unable to afford legal recourse. This paper concentrates on the ability of individuals to obtain legal redress for unauthorized use of audio, video and multi-media content that infringes their …

Retaliation, Deborah Brake

Articles

This Article takes a comprehensive look at retaliation and its place in discrimination law. The Article begins by examining current social science literature to understand how retaliation operates as a social practice to silence challenges to discrimination and preserve inequality. Then, using the recent controversy over whether to imply a private right of action for retaliation from a general ban on discrimination as a launching point, the Article theorizes the connections between retaliation and discrimination as legal constructs, and contends that retaliation should be viewed as a species of intentional discrimination. The Article argues that situating retaliation as a practice …

Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper

Faculty Scholarship

No abstract provided.

The (Social And Economic Paradigm Of Racism And Its Impact On The Educational And Professional Experiences Of Seven African-American Attorneys In Oklahoma City, Tynan D. Anderson

McCabe Thesis Collection

Through the years Blacks have struggled for equality from the right to sit anywhere they chose on a bus to the right to eat in any restaurant. One of the most significant areas of struggle has been equal employment opportunities for Black professionals. The number of Black professionals has increased through the years; however, this increase is minimal when compared to the overall number of professionals in the United States. For example, "the number of Black attorneys has increased by 600% over the past seventeen years... [yet] they only constitute four percent of the total number of lawyers in the …

Environmental Racism And Biased Methods Of Risk Assessment, Daniel C. Wigley, Kristin S. Shrader-Frechette

RISK: Health, Safety & Environment (1990-2002)

Based on analysis of a risk assessment for a proposed Louisiana uranium enrichment facility, the authors argue that environmental injustice occurs when assessors' scientific methods cause de facto discrimination.