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Full-Text Articles in Law
Griswold, Geduldig, And Hobby Lobby: The Sex Gap Continues, Maya Manian
Griswold, Geduldig, And Hobby Lobby: The Sex Gap Continues, Maya Manian
Articles in Law Reviews & Other Academic Journals
In her article, The (Non)-Right to Sex, Professor Mary Ziegler excavates the fascinating legal history of the “sex gap” — the historical failure to address sexual liberty — in the constitutional canon and offers an important cautionary tale for contemporary advocacy of marriage equality. By surfacing lost efforts to expand sexual liberty, and by linking that liberty to intersectional concerns about class, gender, and racial equality, Professor Ziegler both explains why sexual freedom has received such limited constitutional protection and shows how incrementalist litigation strategies aimed at progressive legal change have inadvertently strengthened the state’s power to delimit sexual expression. …
Applying Restitution To Remedy A Discriminatory Denial Of Partnership, Candace Kovacic-Fleischer
Applying Restitution To Remedy A Discriminatory Denial Of Partnership, Candace Kovacic-Fleischer
Articles in Law Reviews & Other Academic Journals
This article suggests that a plaintiff can bring a state cause of action in restitution, liability in unjust enrichment, as an alternative to a federal cause of action in Title VII if the plaintiff was discriminatorily denied partnership by a firm that paid her a salary, but billed her time by the hour to clients. If the firm earned more than it paid in salary and overhead to the plaintiff, that amount would be defendant’s gain, one of the elements of an action in restitution, and the amount to be disgorged should plaintiff prove the other two elements, that the …