Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 19 of 19

Full-Text Articles in Law

The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer L. Levi Jan 2019

The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer L. Levi

Touro Law Review

No abstract provided.


No Prior Experience Desired: Villarreal V. R.J. Reynolds Tobacco Co. And The Scope Of Disparate Impact Claims Under The Adea, Nicholas Placente Jun 2018

No Prior Experience Desired: Villarreal V. R.J. Reynolds Tobacco Co. And The Scope Of Disparate Impact Claims Under The Adea, Nicholas Placente

St. John's Law Review

(Excerpt)

This Note argues that § 4(a)(2) of the ADEA permits disparate impact claims for job applicants, despite the revised holding of the Eleventh Circuit. First, the plain meaning of § 4(a)(2) strongly suggests that disparate impact protections lie for job seekers, in contrast to the Eleventh Circuit’s ultimate finding. This argument draws on a close textual and structural analysis of the ADEA, supplemented with a comparative analysis to Title VII. Furthermore, this Note unpacks the legal arguments surrounding the 1972 amendment to Title VII, demonstrating that the absence of the “applicants for employment” language from § 4(a)(2) does not …


Venturing Into A Minefield: Potential Effects Of The Hobby Lobby Decision Of The Lgbt Community., Aglae Eufracio Jan 2015

Venturing Into A Minefield: Potential Effects Of The Hobby Lobby Decision Of The Lgbt Community., Aglae Eufracio

The Scholar: St. Mary's Law Review on Race and Social Justice

While freedom of religion is a right guaranteed to the American people, what that freedom entails, is often misunderstood. Religious freedom affords every American the right to practice any faith without fear of being persecuted or ostracized by the government. This fundamental right is frequently used to oppress certain groups of Americans because their lifestyle is not in accordance with traditional Christian values. This was highlighted in the recent case of Burwell v. Hobby Lobby. The controversy stemmed from the corporation’s use of religion as a method to deny women access to full healthcare coverage, citing religious opposition to abortion …


Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Eileen Kaufman Jun 2014

Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Eileen Kaufman

Touro Law Review

No abstract provided.


Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Leon Friedman Jun 2014

Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Leon Friedman

Touro Law Review

No abstract provided.


An Unreasonable Application Of A Reasonable Standard: Title Vii And Sexual Orientation Retaliation, Jorden Colalella Jun 2013

An Unreasonable Application Of A Reasonable Standard: Title Vii And Sexual Orientation Retaliation, Jorden Colalella

Indiana Journal of Law and Social Equality

No abstract provided.


Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky Jan 2012

Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky

Touro Law Review

Touro Law School's three-day conference on the Dreyfus affair provided an opportunity to re-examine the libel trial Émile Zola. A modern view on tort law is provided to analyze this case as if it unfolded today.


Employment Discrimination - In Vitro Fertilization And The Pregnancy Discrimination Act Of 1978: How Far Can The Courts Expand The Coverage Of The Pda To Protect Reproductive Technology, Justin A. Hinton Jul 2010

Employment Discrimination - In Vitro Fertilization And The Pregnancy Discrimination Act Of 1978: How Far Can The Courts Expand The Coverage Of The Pda To Protect Reproductive Technology, Justin A. Hinton

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—First Amendment And Congress's Spending Clause Power—The Supreme Court's Supports Military Recruiters And The United States Military's Discrimination Against Homosexuals Despite Law Schools' Protests. Rumsfeld V. Forum For Academic & Institutional Rights, Inc., 126 S. Ct. 1297 (2006)., Matthew K. Brown Jan 2007

Constitutional Law—First Amendment And Congress's Spending Clause Power—The Supreme Court's Supports Military Recruiters And The United States Military's Discrimination Against Homosexuals Despite Law Schools' Protests. Rumsfeld V. Forum For Academic & Institutional Rights, Inc., 126 S. Ct. 1297 (2006)., Matthew K. Brown

University of Arkansas at Little Rock Law Review

p> This note examines the forces in play leading up to the United States Supreme Court's decision in Rumsfeld v. Forum for Academic & Institutional Rights, Inc., a case in which the Court upheld a federal law conditioning the receipt of federal funding by law schools (and other institutions of higher learning) on those schools granting United States Military recruiters equal access to students, despite First Amendment claims brought by those schools. This note first explores the facts leading to the controversy that culminated in an appeal to the Supreme Court. Next, this note explores the background of the issues …


Symposium: Toward A Feminist Revision Of Torts, Jennifer B. Wriggins Jan 2005

Symposium: Toward A Feminist Revision Of Torts, Jennifer B. Wriggins

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Employment Law: Congress Giveth And The Supreme Court Taketh Away: Title Vii's Prohibition Of Religious Discrimination In The Workplace, Huma T. Yunus Jan 2004

Employment Law: Congress Giveth And The Supreme Court Taketh Away: Title Vii's Prohibition Of Religious Discrimination In The Workplace, Huma T. Yunus

Oklahoma Law Review

No abstract provided.


Playing With Work: Must "Work" Be Treated As A "Major Life Activity" For Purposes Of The Americans With Disability Act?, Daniel A. Mcmillan Jan 2004

Playing With Work: Must "Work" Be Treated As A "Major Life Activity" For Purposes Of The Americans With Disability Act?, Daniel A. Mcmillan

Fordham Urban Law Journal

This Note explores the American with Disabilities Act of 1990 (“ADA”) and how two Supreme Court decisions, Sutton v. United Airlines, Inc. and Toyota Motor Manufacturing, Kentucky v. Williams, could ultimately restrict the Act's reach. The ADA protects disabled individuals from discrimination in employment, in access to services by both private and public entities, and in access to telecommunications. The Act defines a disability as “a physical or mental impairment that substantially limits one or more of the major life activities of such individual.” According to the Note, under traditional agency regulations and case law from the lower courts “work” …


Same-Sex Sexual Harassment After Oncale V. Sundowner Offshore Services, Inc.:Overcoming The History Of Judicial Discrimination In Light Of The "Common Sense" Standard, Jennifer J. Ator Jan 1998

Same-Sex Sexual Harassment After Oncale V. Sundowner Offshore Services, Inc.:Overcoming The History Of Judicial Discrimination In Light Of The "Common Sense" Standard, Jennifer J. Ator

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Sexual Harassment On Campus: Does The Accused Have Any Rights?, Richard C. Cahn Jan 1995

Sexual Harassment On Campus: Does The Accused Have Any Rights?, Richard C. Cahn

Touro Law Review

No abstract provided.


Affordable Housing Forum, Richard F. Bellman, John M. Armentano, Alan Mallach Jan 1990

Affordable Housing Forum, Richard F. Bellman, John M. Armentano, Alan Mallach

Touro Law Review

No abstract provided.


Cancer-Based Employment Discrimination: Whether The Proposed Amendment To Title Vii Will Provide An Effective Anti-Discrimination Remedy, Katherine J. Streicher Jul 1987

Cancer-Based Employment Discrimination: Whether The Proposed Amendment To Title Vii Will Provide An Effective Anti-Discrimination Remedy, Katherine J. Streicher

Indiana Law Journal

No abstract provided.


In Re Associated Sign & Post, Inc.: The Affirmative Action Obligations Of Government Contractors In Indiana, J. Adam Bain Oct 1986

In Re Associated Sign & Post, Inc.: The Affirmative Action Obligations Of Government Contractors In Indiana, J. Adam Bain

Indiana Law Journal

No abstract provided.


Wrongful Discharge—Sexual Harassment Equated With Prostitution To Find Public Policy Exception, Kim Vance Jan 1985

Wrongful Discharge—Sexual Harassment Equated With Prostitution To Find Public Policy Exception, Kim Vance

University of Arkansas at Little Rock Law Review

No abstract provided.


Civil Rights--Housing--Relief Under Section 1982 For Blacks Exploited In Segregated Housing Markets--Clark V. Universal Builders, Inc., Robert J. Grow May 1975

Civil Rights--Housing--Relief Under Section 1982 For Blacks Exploited In Segregated Housing Markets--Clark V. Universal Builders, Inc., Robert J. Grow

BYU Law Review

No abstract provided.