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Articles 91 - 93 of 93
Full-Text Articles in Law
Liberty Vs. Equality: In Defense Of Privileged White Males, Nancy E. Dowd
Liberty Vs. Equality: In Defense Of Privileged White Males, Nancy E. Dowd
UF Law Faculty Publications
In this book review, Professor Dowd reviews Forbidden Grounds: The Case Against Employment Discrimination Laws, by Richard A. Epstein (1992). First, Professor Dowd sets forth the thesis and arguments of Epstein’s book and explores her general criticisms in more detail. Next, she explores Epstein’s core argument pitting liberty against equality from two perspectives: that of the privileged white male and that of minorities and women. Finally, Professor Dowd argues that Epstein’s position cannot be viewed as an argument that most minorities or women would make, as it fails to take account of their stories.
The Metamorphosis Of Comparable Worth, Nancy E. Dowd
The Metamorphosis Of Comparable Worth, Nancy E. Dowd
UF Law Faculty Publications
The concept of comparable worth has as its factual predicate two typical characteristics of women's employment: occupational concentration or segregation and significantly lower wages compared to those paid to men. What continues to be most troubling about this employment pattern is its stubborn persistence, despite the increased presence of women in the workforce and the existence for over two decades of legislation prohibiting sex discrimination in employment.
The concept of comparable worth has provoked an outpouring of emotional rhetoric and scholarly analysis debating the concept’s viability and desirability. Rather than add to that debate, Professor Dowd traces the evolution of …
Title Vii V. Seniority: The Supreme Court Giveth And The Supreme Court Taketh Away, Berta E. Hernández-Truyol
Title Vii V. Seniority: The Supreme Court Giveth And The Supreme Court Taketh Away, Berta E. Hernández-Truyol
UF Law Faculty Publications
Congress intended to solve the widespread problem of nonegalitarian hiring practices by enacting title VII of the Civil Rights Act of 1964 (the Act), during the apogee of the civil rights era. The Act represented a national commitment to end discrimination and to promote equality in employment. The enactment of title VII spawned extensive commentary on the effect of facially neutral employment practices that perpetuated pre-Act discrimination. Particular controversy arose concerning the application of seniority rules to blacks in jobs or seniority units from which they previously had been excluded because of their race.
The problem of accommodating seniority systems …