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Full-Text Articles in Law
The Same Actor Inference: A Mechanism For Employment Discrimination, Jennifer R. Taylor
The Same Actor Inference: A Mechanism For Employment Discrimination, Jennifer R. Taylor
West Virginia Law Review
No abstract provided.
Arbitration And The Goals Of Employment Discrimination Law, Geraldine Szott Moohr
Arbitration And The Goals Of Employment Discrimination Law, Geraldine Szott Moohr
Washington and Lee Law Review
No abstract provided.
What Will Diversity On The Bench Mean For Justice?, Theresa M. Beiner
What Will Diversity On The Bench Mean For Justice?, Theresa M. Beiner
Michigan Journal of Gender & Law
This article is aimed at the general question: whether having a woman judge would make a difference in sexual harassment cases. This article is aimed at this general question, the response to which has been elusive: Does the race, gender, or other background characteristics of a judge make a difference in the outcome of cases? The effects of diversity on the bench are just becoming measurable. Many legal scholars have assumed diversity will make a difference. While this conclusion may seem commonsensical, it is important to be able to support such assertions with actual data. The supposition has been that …
The Uncertain Legacy Of Gilmer: Mandatory Arbitration Of Federal Employment Discrimination Claims, John W.R. Murray
The Uncertain Legacy Of Gilmer: Mandatory Arbitration Of Federal Employment Discrimination Claims, John W.R. Murray
Fordham Urban Law Journal
The United States Supreme Court in Alexander v. Gardner-Denver Co. held that an employee could not be forced to arbitrate his discrimination claim against an employer pursuant to his union's collective bargaining agreement. Subsequent cases viewed Gardner-Denver as prohibiting mandatory arbitration in employment discrimination claims, until the Supreme Court upheld an agreement to submit all statutory discrimination claims to arbitration in Gilmer v. Interstate/Johnson Lane Corp. Gilmer seems to have limited the prohibition of mandatory arbitration in Gardner-Denver to collective bargaining agreements. Subsequently, many lower courts interpret Gilmer as an approval of arbitration clauses in employment agreements, and as such, …