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

Law Commons

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

Articles 1 - 30 of 78

Full-Text Articles in Law

The Betrayal Of The Red, White & Blue: The Failures Of Institutional Self-Regulation & The Military’S #Metoo Movement, Kristen M. Stone Jul 2022

The Betrayal Of The Red, White & Blue: The Failures Of Institutional Self-Regulation & The Military’S #Metoo Movement, Kristen M. Stone

Buffalo Law Review

No abstract provided.


You Need To Calm Down: Examining The Origin And Eliminating The Future Of The “Gay Panic” Defense, Laura R. Conboy Jun 2022

You Need To Calm Down: Examining The Origin And Eliminating The Future Of The “Gay Panic” Defense, Laura R. Conboy

Buffalo Law Review

No abstract provided.


Bostock’S Paradox: Textualism, Legal Justice, And The Constitution, Marc Spindelman Jun 2021

Bostock’S Paradox: Textualism, Legal Justice, And The Constitution, Marc Spindelman

Buffalo Law Review

The Supreme Court’s opinion in Bostock v. Clayton County, Georgia—recognizing that anti-gay and anti-trans discrimination are forms of sex discrimination under Title VII of the 1964 Civil Rights Act—has already gained a steady reputation as a textualist statutory interpretation decision. The reality of the ruling is far more complicated than that. Bostock is a textualist decision, but, as the argument here shows, Bostock also offers a construction of Title VII’s sex discrimination rule that sounds in a rule-of-law norm of legal justice about LGBT equality that itself traces roots to the Supreme Court’s constitutional LGBT rights jurisprudence. Bostock’s rule-of-law norm …


From Marriage To Households: Towards Equal Treatment Of Intimate Forms Of Life, Deborah Zalesne, Adam Dexter Aug 2018

From Marriage To Households: Towards Equal Treatment Of Intimate Forms Of Life, Deborah Zalesne, Adam Dexter

Buffalo Law Review

Law and attitudes around marriage have changed drastically in our own history and are widely different across cultures. Same-sex marriage is now legal, polyamorous relationships are on the rise, and, as an empirical matter, marriage serves a different purpose than it did as little as forty years ago -- marriage is no longer a prerequisite for sexual intimacy, cohabitation, or parenthood. There are no essential elements to a definition of marriage to which the state can appeal without arbitrarily restricting citizens’ possibilities with respect to their most intimate relationships. Therefore, because any state-sanctioned version of marriage will be arbitrary, the …


Now We Know Better: A New Legal Framework On Sex To Better Promote Autonomy, Equality, Diversity And Care For The Poor, Helen M. Alvaré May 2018

Now We Know Better: A New Legal Framework On Sex To Better Promote Autonomy, Equality, Diversity And Care For The Poor, Helen M. Alvaré

Buffalo Law Review

Over especially the last 50 to 60 years, US laws and policies concerning the sexual relationships between men and women have more consciously articulated a need to pursue social justice according to the categories of autonomy, equality, diversity and care for the poor. These categories are admirable on their face and responsive to the times in which they emerged. They are particularly well-suited to the history of discrimination against women and African Americans in the US. They were strongly influenced, inter alia, by the development of contraceptive technology and an array of social welfare initiatives, the rise of feminism and …


Inclusion Imagined: Fair Housing As Metropolitan Equity, David D. Troutt Jan 2017

Inclusion Imagined: Fair Housing As Metropolitan Equity, David D. Troutt

Buffalo Law Review

No abstract provided.


Ending The Internal Affairs Farce, Rachel Moran Aug 2016

Ending The Internal Affairs Farce, Rachel Moran

Buffalo Law Review

No abstract provided.


Protecting The Compromised Worker: A Challenge For Employment Discrimination Law, Peter Siegelman May 2016

Protecting The Compromised Worker: A Challenge For Employment Discrimination Law, Peter Siegelman

Buffalo Law Review

No abstract provided.


My Coworker, My Enemy: Solidarity, Workplace Control, And The Class Politics Of Title Vii, Ahmed A. White Dec 2015

My Coworker, My Enemy: Solidarity, Workplace Control, And The Class Politics Of Title Vii, Ahmed A. White

Buffalo Law Review

No abstract provided.


The False Choice Between Race And Class And Other Affirmative Myths, Lisa R. Pruitt Aug 2015

The False Choice Between Race And Class And Other Affirmative Myths, Lisa R. Pruitt

Buffalo Law Review

No abstract provided.


P-Values, Priors, And Procedure In Antidiscrimination Law, Jason R. Bent Jan 2015

P-Values, Priors, And Procedure In Antidiscrimination Law, Jason R. Bent

Buffalo Law Review

No abstract provided.


Fisher And James Hijack The Mcdonnell Douglas Paradigm, Rewriting Discrimination Law In The Second Circuit: An Explanation For The High Rate Of Summary Judgment In Discrimination Laws, Richard J. Perry Jr. Sep 2014

Fisher And James Hijack The Mcdonnell Douglas Paradigm, Rewriting Discrimination Law In The Second Circuit: An Explanation For The High Rate Of Summary Judgment In Discrimination Laws, Richard J. Perry Jr.

Buffalo Public Interest Law Journal

No abstract provided.


20 U.S.C. § 1406(B), Brian J. Levy Apr 2014

20 U.S.C. § 1406(B), Brian J. Levy

Buffalo Law Review

No abstract provided.


The Fraudulent Case Against Affirmative Action—The Untold Story Behind Fisher V. University Of Texas, Mark S. Brodin Apr 2014

The Fraudulent Case Against Affirmative Action—The Untold Story Behind Fisher V. University Of Texas, Mark S. Brodin

Buffalo Law Review

No abstract provided.


The Incompatability Of Competitive Majority-Minority Districts And Thornburg V. Gingles, Amy Rublin Sep 2010

The Incompatability Of Competitive Majority-Minority Districts And Thornburg V. Gingles, Amy Rublin

Buffalo Public Interest Law Journal

No abstract provided.


Problems At Daubert: Expert Testimony In Title Vii Sex Discrimination And Sexual Harassment Litigation, Harriet M. Antczak Sep 2010

Problems At Daubert: Expert Testimony In Title Vii Sex Discrimination And Sexual Harassment Litigation, Harriet M. Antczak

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


First Korematsu And Now Ashcroft V. Iqbal: The Latest Chapter In The Wartime Supreme Court's Disregard For Claims Of Discrimination, Dawinder S. Sidhu Apr 2010

First Korematsu And Now Ashcroft V. Iqbal: The Latest Chapter In The Wartime Supreme Court's Disregard For Claims Of Discrimination, Dawinder S. Sidhu

Buffalo Law Review

No abstract provided.


The Causation Standard In Federal Employment Law: Gross V. Fbl Financial Services, Inc., And The Unfulfilled Promise Of The Civil Rights Act Of 1991, Michael C. Harper Jan 2010

The Causation Standard In Federal Employment Law: Gross V. Fbl Financial Services, Inc., And The Unfulfilled Promise Of The Civil Rights Act Of 1991, Michael C. Harper

Buffalo Law Review

No abstract provided.


Transgender Bathroom Usage: A Privileging Of Biology And Physical Difference In The Law, Jill D. Weinberg Sep 2009

Transgender Bathroom Usage: A Privileging Of Biology And Physical Difference In The Law, Jill D. Weinberg

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Sexual Identity As A Fundamental Human Right, Anthony R. Reeves Sep 2009

Sexual Identity As A Fundamental Human Right, Anthony R. Reeves

Buffalo Human Rights Law Review

No abstract provided.


Katrina's Window: Localism, Resegregation, And Equitable Regionalism, David D. Troutt Jan 2008

Katrina's Window: Localism, Resegregation, And Equitable Regionalism, David D. Troutt

Buffalo Law Review

No abstract provided.


Bigotry, Jury Failures, And The Supreme Court's Feeble Response, George C. Thomas Iii Dec 2007

Bigotry, Jury Failures, And The Supreme Court's Feeble Response, George C. Thomas Iii

Buffalo Law Review

No abstract provided.


Healing The Trauma Of America's Past: Restorative Justice, Honest Patriotism, And The Legacy Of Ethnic Cleansing, Howard J. Vogel Dec 2007

Healing The Trauma Of America's Past: Restorative Justice, Honest Patriotism, And The Legacy Of Ethnic Cleansing, Howard J. Vogel

Buffalo Law Review

No abstract provided.


Parents Involved And Race-Conscious Measures: A Cause For Optimism, Joseph O. Oluwole, Preston C. Green Iii Sep 2007

Parents Involved And Race-Conscious Measures: A Cause For Optimism, Joseph O. Oluwole, Preston C. Green Iii

Buffalo Public Interest Law Journal

No abstract provided.


Overcoming Discrimination In Housing, Credit, And Urban Policy (Transcript), Buffalo Public Interest Law Journal Sep 2006

Overcoming Discrimination In Housing, Credit, And Urban Policy (Transcript), Buffalo Public Interest Law Journal

Buffalo Public Interest Law Journal

No abstract provided.


Casting Lots: The Illusion Of Justice And Accountability In Property Allocation, Carol Necole Brown Jan 2005

Casting Lots: The Illusion Of Justice And Accountability In Property Allocation, Carol Necole Brown

Buffalo Law Review

No abstract provided.


Black Protectionism As A Civil Rights Strategy, Katheryn Russell-Brown Jan 2005

Black Protectionism As A Civil Rights Strategy, Katheryn Russell-Brown

Buffalo Law Review

No abstract provided.


Man Who Gave In To Jealous Wife's Demands By Firing Pregnant Secretary Committed Pregnancy Discrimination, Says The New York Court Of Appeals, Amanda Jordan Sep 2003

Man Who Gave In To Jealous Wife's Demands By Firing Pregnant Secretary Committed Pregnancy Discrimination, Says The New York Court Of Appeals, Amanda Jordan

Buffalo Women's Law Journal

No abstract provided.


From Bartell To Erickson To Mauldin: Title Vii's Effect On Insurance Coverage Of Contraceptives, Mari K. Cania Sep 2002

From Bartell To Erickson To Mauldin: Title Vii's Effect On Insurance Coverage Of Contraceptives, Mari K. Cania

Buffalo Women's Law Journal

No abstract provided.


Selective Strict Scrutiny – A New Way To Use Suspect Classifications, Bruce Comly French Sep 2002

Selective Strict Scrutiny – A New Way To Use Suspect Classifications, Bruce Comly French

Buffalo Public Interest Law Journal

No abstract provided.