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Full-Text Articles in Law
This Aggression Will Not Stand, Schools: The Need For Federal Legislation Protecting Bullied Students With Disabilities, Russell A. Vogel
This Aggression Will Not Stand, Schools: The Need For Federal Legislation Protecting Bullied Students With Disabilities, Russell A. Vogel
Touro Law Review
A boy with Autism comes home from school, visibly upset. His parents ask him why, and he responds that nobody in his class likes him. To his parents’ horror, they learn that their son’s teacher encouraged a class discussion about why they dislike their son. When the boy’s parents complain to the school about this issue, school administrators brush it aside. The next day, students sitting near the boy move their desks away from him and taunt him for the way he acts every time he tries to socialize with them. The boy then refuses to go to school each …
Toward A More Democratic America, Thomas Kleven
Toward A More Democratic America, Thomas Kleven
Seattle Journal for Social Justice
No abstract provided.
Dalliances, Defenses, And Due Process: Prosecuting Sexual Harassment In The Me Too Era, Kenneth Lasson
Dalliances, Defenses, And Due Process: Prosecuting Sexual Harassment In The Me Too Era, Kenneth Lasson
University of Massachusetts Law Review
This Article will likewise examine the prosecution of sexual harassment in what has come to be called the Me Too Era, not only by analyzing the constitutional application and limitations of due process, the promulgation of Title IX policies4 on campuses and their effect on public students and employees, and the limited remedies available to workers in private entities, but to suggest as well ways by which academics can move their message beyond theory and into pragmatic solutions with greater impact.
Who Is Responsible For The Stealth Assault On Civil Rights?, Samuel R. Bagenstos
Who Is Responsible For The Stealth Assault On Civil Rights?, Samuel R. Bagenstos
Michigan Law Review
Staszak’s book does a great service in demonstrating the extent of the stealth assault on civil-rights litigation. As Staszak shows, procedural and remedial decisions fly under the public’s radar, but they have exceptionally important consequences. Indeed, one can draw a clear line between judicial decisions on such obscure topics as standing and qualified immunity and the persistent acts of police misconduct that have aroused great public concern in recent months. Any effort to ensure that civil-rights protections make a concrete difference in people’s lives must attend to the procedural and remedial issues Staszak discusses.
Election Of Remedies In Kentucky Employment Discrimination Cases - Dead Or Alive?, Rainbow Forbes
Election Of Remedies In Kentucky Employment Discrimination Cases - Dead Or Alive?, Rainbow Forbes
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Supreme Court Continues Its Journey Down The Ever Narrowing Paths Of Section 1983 And The Due Process Clause: An Analysis Of Parratt V. Taylor, Robert E. Palmer
The Supreme Court Continues Its Journey Down The Ever Narrowing Paths Of Section 1983 And The Due Process Clause: An Analysis Of Parratt V. Taylor, Robert E. Palmer
Pepperdine Law Review
After nearly a century of quiet slumber, the Supreme Court awoke the sleeping giant. In the past two decades, 42 U.S.C. §1983 has evolved into a judicial Frankenstein monster. Unable to control the beast, the Court has attempted to restrict the creature's movements by unnecessarily limiting its constitutional source. If followed to its logical conclusion, the Court's narrow reading of the Constitution may ultimately demote all due process violations to state tort remedies. This note traces the legislative and judicial evolution of section 1983 as well as the statute's present interaction with the due process clause. The vehicle for this …
Eradicating Sex Discrimination In Education: Extending Disparate-Impact Analysis To Title Ix Litigation, James S. Wrona
Eradicating Sex Discrimination In Education: Extending Disparate-Impact Analysis To Title Ix Litigation, James S. Wrona
Pepperdine Law Review
No abstract provided.
Employment Discrimination Claims Remain Valid Despite After-Acquired Evidence Of Employee Wrongdoing, Christine Neylon O'Brien
Employment Discrimination Claims Remain Valid Despite After-Acquired Evidence Of Employee Wrongdoing, Christine Neylon O'Brien
Pepperdine Law Review
This article explores the legal practice area of employment discrimination and adverse decisions based on after-acquired evidence. A division among the circuits courts arose concerning the impact of after-acquired evidence of employee wrongdoing upon an employer's liability for employment discrimination. When pre-trial discovery unveiled a separate nondiscriminatory reason for termination, numerous circuits allowed such previously unknown information to constitute a legitimate basis for the employment decision, following the model of a mixed-motive discharge. A trend developed however, among other circuits that after-acquired evidence of employee misconduct should not prevent the establishment of employer liability, but that it should be considered …
Davis V. Monroe County Board Of Education: Setting A Stringent Standard Of Fault For School Liability In Peer Sexual Harassment Under Title Ix-Demanding Responsible Proactive Protection, Lindsay Havern
Pepperdine Law Review
No abstract provided.
Section 1983 Civil Rights Litigation In The October 2005 Term, Martin Schwartz
Section 1983 Civil Rights Litigation In The October 2005 Term, Martin Schwartz
Touro Law Review
No abstract provided.
Federal Courts: Alexander V. Sandoval: Civil Rights Without Remedies, Benjamin Labow
Federal Courts: Alexander V. Sandoval: Civil Rights Without Remedies, Benjamin Labow
Oklahoma Law Review
No abstract provided.
"Supervisor" Hostile Environment Sexual Harassment Claims, Liability Insurance, And The Trend Towards Negligence, Amanda D. Smith
"Supervisor" Hostile Environment Sexual Harassment Claims, Liability Insurance, And The Trend Towards Negligence, Amanda D. Smith
University of Michigan Journal of Law Reform
A lack of settled standards for determining liability in supervisor hostile environment sexual harassment lawsuits combined with similar uncertainty in the context of employer liability insurance coverage has resulted in increased litigation in this area. This Note argues that the current predominant standard in the employer liability context, which is based on negligence principle should be rejected in favor of an apparent authority standard, which more appropriately strikes a balance between encouraging employers to identify harassing behaviors and exonerating them from liability when they do so and take appropriate remedial action. It further argues that in order to develop effective …
Hostile Environent Sexual Harassment Claims And The Unwelcome Influence Of Rape Law, Janine Benedet
Hostile Environent Sexual Harassment Claims And The Unwelcome Influence Of Rape Law, Janine Benedet
Michigan Journal of Gender & Law
This article considers the unwelcomeness requirement of the plaintiff’s prima facie case. In particular, it examines the discussion of unwelcomeness found in the decision of the Supreme Court in Meritor Savings Bank v. Vinson, and the content given to this element by the subsequent decisions of lower courts. Such an inquiry reveals several parallels between the approach of courts to sexual harassment claims and their traditional treatment of the criminal offense of rape. The same biases and erroneous assumptions that have hampered an effective response to the physical violation of women have permeated the application of the purported remedy …
The Promise Of Brown Forty Years Later: Introduction, Davison M. Douglas
The Promise Of Brown Forty Years Later: Introduction, Davison M. Douglas
William & Mary Law Review
No abstract provided.
Appropriate Defenses To Damage Actions For Discrimination Under Sections 1981 And 1982
Appropriate Defenses To Damage Actions For Discrimination Under Sections 1981 And 1982
William & Mary Law Review
No abstract provided.
Fair Employment Forums After Alexander V. Gardner-Denver Co.: Separate And Unequal, William J. Isaacson, William C. Zifchak
Fair Employment Forums After Alexander V. Gardner-Denver Co.: Separate And Unequal, William J. Isaacson, William C. Zifchak
William & Mary Law Review
No abstract provided.
Title Vii Class Actions: The "Recovery Stage", Thomas H. Barnard
Title Vii Class Actions: The "Recovery Stage", Thomas H. Barnard
William & Mary Law Review
No abstract provided.
Title Vii Of The Civil Rights Act: A Review Of Significant Recent Decisions, Robert A. Levitt
Title Vii Of The Civil Rights Act: A Review Of Significant Recent Decisions, Robert A. Levitt
William & Mary Law Review
No abstract provided.
The Use Of Numerical Quotas To Achieve Integration In Employment, George P. Sape
The Use Of Numerical Quotas To Achieve Integration In Employment, George P. Sape
William & Mary Law Review
No abstract provided.
Equal Employment Opportunity Commission Procedural Regulations: An Evaluation By The Practicing Bar, Donald Elisburg
Equal Employment Opportunity Commission Procedural Regulations: An Evaluation By The Practicing Bar, Donald Elisburg
William & Mary Law Review
No abstract provided.
A Viable Substitute For The Exclusionary Rule: A Civil Rights Appeals Board, John L. Roche
A Viable Substitute For The Exclusionary Rule: A Civil Rights Appeals Board, John L. Roche
Washington and Lee Law Review
No abstract provided.
Deferral To Arbitration In Title Vii Actions: Rios V. Reynolds Metals Company
Deferral To Arbitration In Title Vii Actions: Rios V. Reynolds Metals Company
William & Mary Law Review
No abstract provided.