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2001

Discrimination

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Articles 61 - 69 of 69

Full-Text Articles in Law

School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake Jan 2001

School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake

Articles

This essay seeks to explain the Davis v. Monroe County Board of Education case as an interpretation of discrimination that notably and correctly focuses on how institutions cause sex-based harm, rather than on whether officials within chose institutions act with a discriminatory intent. In the process, I discuss what appears to be the implicit theory of discrimination underlying the Davis decision: that schools cause the discrimination by exacerbating the harm that results from sexual harassment by students. I then explore the significance of the deliberate indifference requirement in this context, concluding that the standard, for all its flaws, is distinct …


What Is A Community? Group Rights And The Constitution: The Special Case Of African Americans, Taunya Lovell Banks Jan 2001

What Is A Community? Group Rights And The Constitution: The Special Case Of African Americans, Taunya Lovell Banks

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


No Freedom From Religion: The Marginalization Of Atheists In American Society, Politics, And Law, Jennifer Gresock Jan 2001

No Freedom From Religion: The Marginalization Of Atheists In American Society, Politics, And Law, Jennifer Gresock

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Discrimination Cases In The 2000 Term, Eileen Kaufman Jan 2001

Discrimination Cases In The 2000 Term, Eileen Kaufman

Scholarly Works

No abstract provided.


Proving An Environmental Justice Case: Determining An Appropriate Comparison Population, Bradford Mank Jan 2001

Proving An Environmental Justice Case: Determining An Appropriate Comparison Population, Bradford Mank

Faculty Articles and Other Publications

In proving a case of adverse disparate impact discrimination under Title VI of the 1964 Civil Rights Act, a plaintiff in its prima facie case must show a significant disparity between an affected population and an appropriate comparison population. Both government agencies and commentators have neglected to address the crucial issue of how to elect and define a comparison population. Title VI cases often look to Title VII cases for guidance. Title VII cases require that a comparison population should be similarly situated to the affected population. In 2000, the Environmental Protection Agency ("the EPA" or "the Agency") issued draft …


Introduction: Employment Discrimination And The Problems Of Proof, John Valery White, Gregory Vincent Jan 2001

Introduction: Employment Discrimination And The Problems Of Proof, John Valery White, Gregory Vincent

Scholarly Works

This is an introduction to articles presented at a symposium on the U.S. Supreme Court’s decision in Reeves v. Sanderson Plumbing Prods. Co. sponsored by the Louisiana Law Review. Presenting papers were five of the leading scholars on employment discrimination law: Professor Catherine J. Lanctot of the Villanova University Law School, Professor Michael Selmi of the George Washington Law School, Professor Linda Hamilton Krieger, University of California at Berkely School of Law, Professor Rebecca Hanner White of the University of Georgia Law School, and Professor Michael Zimmer of the Seton Hall University School of Law. Respondents were the authors and …


The More You Spend, The More You Save: Can The Spending Clause Save Federal Antidiscrimination Laws, Ann Carey Juliano Jan 2001

The More You Spend, The More You Save: Can The Spending Clause Save Federal Antidiscrimination Laws, Ann Carey Juliano

Villanova Law Review

No abstract provided.


Partiality, Julie Nice Dec 2000

Partiality, Julie Nice

Julie A. Nice

This essay is the introduction for a Symposium on Class in LatCrit: Theory and Praxis in a World of Economic Inequality. Professor Nice describes the symposium papers (by Kendal Broad, Lisa Sun-Hee Park, Athena Mutua, and Laura Padilla) as applying various critical tools to examine how scholars study poverty and especially how the construct of “the feminization of poverty” isolates gender while leaving out other experiences of race, immigration status, sexual orientation, parental status, age, ability, and class. While she argues that the feminization of poverty construct itself emerged as a critique of how gender had been ignored in the …


The Troubling Influence Of Equality In Constitutional Criminal Procedure: From Brown To Miranda, Furman And Beyond, Scott Howe Dec 2000

The Troubling Influence Of Equality In Constitutional Criminal Procedure: From Brown To Miranda, Furman And Beyond, Scott Howe

Scott W. Howe

This article identifies and critiques a theory of the criminal clauses revealed in Supreme Court decisions after Brown v. Board of Education. As the title implies, the article contends that the Court has often gone astray in constructing these clauses by focusing on equality. The article contends that the criminal clauses are better understood as discrete protections of individual liberty than as reflecting a unified theory or separate theories about equality. The article proposes a reformulation of doctrine in varied realms of constitutional criminal procedure, including police interrogation, capital sentencing and administrative searches and seizures.