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Full-Text Articles in Law
Modern Discrimination Theory And The National Labor Relations Act, Rebecca H. White
Modern Discrimination Theory And The National Labor Relations Act, Rebecca H. White
Scholarly Works
This Article explores the concept of discrimination under the NLRA [National Labor Relations Act]. Specifically, it examines discrimination under the statute through the lens of Title VII, an approach that brings a fresh perspective to doctrine long considered settled. The purpose of this comparison is to explore the extent to which Title VII's discrimination concepts make sense under the NLRA. This analysis focuses on three specific areas. First, it examines discrimination cases under section 8(a)(1), concluding that the lower courts are wrong to apply Title VII concepts and to insist that without disparate treatment of union activities, no unlawful discrimination …
Product Differentiation Through Space And Time: Some Antitrust Policy Issues, Jonathan Baker
Product Differentiation Through Space And Time: Some Antitrust Policy Issues, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Environmental Inequity: Economic Causes, Economic Solutions, Thom Lambert, Christopher Boerner
Environmental Inequity: Economic Causes, Economic Solutions, Thom Lambert, Christopher Boerner
Faculty Publications
The article examines one such shortcoming: namely, that existing research fails to account for the dynamic nature of the housing market. Analyzing data from the St. Louis metropolitan area, this study finds that economic factors--not siting discrimination--are behind many claims of environmental racism. This phenomenon suggests the need to develop public policies that fit the economic nature of the problem. In particular, a policy that compensates individuals living near industrial sites is the key to securing environmental justice.
The Fearful Symmetry Of Gay Rights, Religious Freedom, And Racial Equality, Walter J. Walsh
The Fearful Symmetry Of Gay Rights, Religious Freedom, And Racial Equality, Walter J. Walsh
Articles
A decade has now passed since Julia Cooper Mack authored her most controversial judicial opinion, Gay Rights Coalition of Georgetown University Law Center v. Georgetown University. That opinion provoked two acts of Congress aimed at its reversal, newspaper editorials from coast to coast, and over one hundred scholarly authors debating its wisdom. In this short essay, I shall suggest that this extended hermeneutic debate has yet to touch upon the deepest implications of Judge Mack's Georgetown opinion. While recent scholarship on this story praises Judge Mack's unusual ability to reconcile clashing interest groups, a more accurate account might be …
Intersectionality And Positionality: Situating Women Of Color In The Affirmative Action Dialogue, Laura M. Padilla
Intersectionality And Positionality: Situating Women Of Color In The Affirmative Action Dialogue, Laura M. Padilla
Faculty Scholarship
This article explores the position of women of color in the affirmative action dialogue. Affirmative action has come under attack locally, statewide, and federally. During this same period, critical race feminists have brought into sharp relief how women of color are marginalized or erased in discourses over sex and gender, as well as over race and ethnicity. Despite these protests and warnings, the current debate over affirmative action continues this history of invisibility, perpetuating America's spoken and unspoken conceptions about where women of color belong. For example, most discussion of affirmative action focuses on race, more specifically on African-Americans. Some …
An Overview Of The Arkansas Civil Rights Act Of 1993, Theresa M. Beiner
An Overview Of The Arkansas Civil Rights Act Of 1993, Theresa M. Beiner
Faculty Scholarship
No abstract provided.
Race And Criminal Justice, Richard B. Collins
Discrimination Cases (The Supreme Court And Local Government Law: The 1995-1996 Term), Eileen Kaufman
Discrimination Cases (The Supreme Court And Local Government Law: The 1995-1996 Term), Eileen Kaufman
Scholarly Works
No abstract provided.
The Emerging Cronyism Defense And Affirmative Action: A Critical Perspective On The Distinction Between Colorblind And Race-Conscious Decision Making Under Title Vii, Ann C. Mcginley
Scholarly Works
In Foster v. Dalton, the United States Supreme Court approved of the promotion of a less-qualified white male over a better-qualified black female under very suspicious circumstances; in Taxman v. Board of Education, the court invalidated the retention of an equally qualified black female over her white counterpart. The law justifies the disparate results in Foster and Taxman by invoking the principle of race and gender “neutrality” in the decision making process. Under this principle, the law generally prohibits employment determinations based consciously on a person's race or gender. An exception to the “neutrality principle” of Title VII is the …