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Full-Text Articles in Law
Explicit Bias, Jessica A. Clarke
Explicit Bias, Jessica A. Clarke
Northwestern University Law Review
In recent decades, legal scholars have advanced sophisticated models for understanding prejudice and discrimination, drawing on disciplines such as psychology, sociology, and economics. These models explain how inequality is implicit in cognition and seamlessly woven into social structures. And yet, obvious, explicit, and overt forms of bias have not gone away. The law does not need empirical methods to identify bias when it is marching down the street in Nazi regalia, hurling misogynist invective, or trading in anti-Muslim stereotypes. Official acceptance of such prejudices may be uniquely harmful in normalizing discrimination. But surprisingly, many discrimination cases ignore explicit bias. Courts …
Equal Protection And The Social Sciences Thirty Years After Mccleskey V. Kemp, Destiny Peery, Osagie K. Obasogie
Equal Protection And The Social Sciences Thirty Years After Mccleskey V. Kemp, Destiny Peery, Osagie K. Obasogie
Northwestern University Law Review
No abstract provided.
Protecting Title Vii's Antiretaliation Provision In The Wake Of University Of Texas Southwestern Medical Center V. Nassar, Kimberly A. Pathman
Protecting Title Vii's Antiretaliation Provision In The Wake Of University Of Texas Southwestern Medical Center V. Nassar, Kimberly A. Pathman
Northwestern University Law Review
No abstract provided.
Critical Analysis Of Judicial Attempts To Reconcile The United States-Japan Friendship, Commerce And Navigation Treaty With Title Vii, A , Jeffrey J. Mayer
Critical Analysis Of Judicial Attempts To Reconcile The United States-Japan Friendship, Commerce And Navigation Treaty With Title Vii, A , Jeffrey J. Mayer
Northwestern Journal of International Law & Business
This paper offers a practical solution to the conflict between civil rights and economic growth through a new, but sensible, interpretation of the "right to choose" provision. Part I explains the conflicting rulings of the five Courts of Appeals that have addressed this issue. Part II concludes that the courts' various reconciliations between Title VII and the Japan FCN Treaty are, in each case, impossible to apply consistently or fairly. Courts have wrongly attempted to preserve the protections of Title VII for American employees of foreign corporations by asking factfinders to draw impossibly fine distinctions between permissible and prohibited criteria …