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Articles 1 - 29 of 29
Full-Text Articles in Law
A Critical Jeffersonian Mind For A Community Reinvestment Bind, Chaz D. Brooks
A Critical Jeffersonian Mind For A Community Reinvestment Bind, Chaz D. Brooks
Marquette Benefits and Social Welfare Law Review
The Community Reinvestment Act of 1977 ("CRA") primarily sought to remedy decades of government sanctioned disinvestment in so-called “redlined communities.” Through the Home Owners’ Loan Corporation and later the Federal Housing Administration, the United States of America created from whole cloth a structure that encouraged and subsidized the explosion of homeownership in white American households. Following decades of racialized wealth generation, the United States had a change of heart. Congress determined that financiers needed a gentle push to invest fairly. Additionally, Congress wanted one thing clear in the drafting of this remedy— it must not allocate credit. This essay considers …
Protecting Our Protectors: Why Title Vii Should Apply To The Uniformed Military Following The Supreme Court's Decision In Bostock V. Clayton County, Jonathan A. D'Orazio, Jd Candidate, 2022
Protecting Our Protectors: Why Title Vii Should Apply To The Uniformed Military Following The Supreme Court's Decision In Bostock V. Clayton County, Jonathan A. D'Orazio, Jd Candidate, 2022
Marquette Benefits and Social Welfare Law Review
This Note argues that Title VII should apply to uniformed military members following the Supreme Court’s decision in Bostock v. Clayton County, 140 S. Ct. 1731 (2020). Foremost, the current intra‑military remedies uniformed military members may bring a discrimination claim pursuant fail to effectively combat discrimination in the United States military due to several critical deficiencies. This Note demonstrates that the defects within the current intra‑military remedies tacitly permit, rather than discourage, discriminatory conduct.
This Note then examines why the military has historically resisted civilian reform measures to the military justice system. During this examination, this Note argues that …
Necessary Coverage For Authentic Identity: How Bostock Made Title Vii The Strongest Protection Against Employer-Sponsored Health Insurance Denial Of Gender-Affirming Medical Care., Jennifer A. Knackert
Necessary Coverage For Authentic Identity: How Bostock Made Title Vii The Strongest Protection Against Employer-Sponsored Health Insurance Denial Of Gender-Affirming Medical Care., Jennifer A. Knackert
Marquette Law Review
In June 2020, the United States Supreme Court held that Title VII
protection from discrimination on the basis of sex extended to LGBTQ+
employees. The Bostock v. Clayton County, Georgia decision dealt with three
separate cases where LGBTQ+ employees had been fired from their jobs based
on either their sexual orientation or gender identity. While the shared issue in
these cases had to do with employee termination, the textualist argument
presented by the Court leads many legal scholars to believe that the holding
would be applicable to other areas of employment discrimination covered by
Title VII such as employer-sponsored healthcare …
Esports And Its Reinforcement Of Gender Divides, Kruthika N. S.
Esports And Its Reinforcement Of Gender Divides, Kruthika N. S.
Marquette Sports Law Review
None
Title Ix And Title Vii: Parallel Remedies In Combatting Sex Discrimination In Educational Employment, Lynn Ridgeway Zehrt
Title Ix And Title Vii: Parallel Remedies In Combatting Sex Discrimination In Educational Employment, Lynn Ridgeway Zehrt
Marquette Law Review
The federal circuit courts of appeals are divided over the proper relationship between Title IX of the Higher Education Amendments Act of 1972 and Title VII of the Civil Rights Act of 1964. Specifically, the federal courts disagree over whether an employee of an educational institution may sue her employer for employment discrimination under either Title IX or Title VII. Some courts have concluded that these employees may not bring employment discrimination claims under Title IX, holding that Title VII provides the sole avenue for obtaining monetary relief for employment discrimination against educational institutions. Other courts have reached the opposite …
2019 Annual Survey: Recent Developments In Sports Law, Audrey Johnson
2019 Annual Survey: Recent Developments In Sports Law, Audrey Johnson
Marquette Sports Law Review
None
You Catch More Flies With Honey: Reevaluating The Erroneous Premises Of The Military Exception To Title Vii, Craig Westergard
You Catch More Flies With Honey: Reevaluating The Erroneous Premises Of The Military Exception To Title Vii, Craig Westergard
Marquette Benefits and Social Welfare Law Review
Discrimination is a problem in the military. Though Title VII of the Civil Rights Act prohibits employment discrimination in the “military departments,” courts have held that the statute does not apply to members of the military. The primary justification for this judge-made exception is that Title VII suits might have an adverse effect on military discipline. In their haste to condemn suits for military discrimination, however, courts tend to overlook the negative effects discrimination has on discipline, as well as the positive effects of diversity. This Note calls upon Congress to abrogate the military exception to Title VII; in the …
"No Person . . . Shall Ever Be Molested On Account Of His Mode Of Worship Or Religious Sentiments . . . .": The Northwest Ordinance Of 1787 And Strader V. Graham, Allan W. Vestal
Marquette Law Review
The Article looks at the first article of compact of the Northwest Ordinance,
the religious liberty guarantee: “No person . . . shall ever be molested on
account of his mode of worship or religious sentiments . . . .” Congress
provided that the Northwest Ordinance articles of compact would “forever
remain unalterable.” But in a fugitive slave case from 1851, Strader v. Graham,
Chief Justice Roger Taney declared the articles of compact to be no longer in
force.
In evaluating Chief Justice Taney’s reasoning, the question posed at the
dawn of the 20th Century by historian Professor Andrew McLaughlin …
The Growing Gender/Religion Divide, Marcia L. Mccormick
The Growing Gender/Religion Divide, Marcia L. Mccormick
Marquette Benefits and Social Welfare Law Review
No abstract provided.
Foreward: Wedding Cakes, Religion, And Sexual Orientation Discrimination, Paul M. Secunda
Foreward: Wedding Cakes, Religion, And Sexual Orientation Discrimination, Paul M. Secunda
Marquette Benefits and Social Welfare Law Review
No abstract provided.
No Cake For You: Discrimination, Dignity, And Refusals To Serve, William D. Araiza
No Cake For You: Discrimination, Dignity, And Refusals To Serve, William D. Araiza
Marquette Benefits and Social Welfare Law Review
No abstract provided.
An Intersectional Approach To Homelessness: Discrimination And Criminalization
An Intersectional Approach To Homelessness: Discrimination And Criminalization
Marquette Benefits and Social Welfare Law Review
The purpose of this essay is to address discrimination against homeless people. First of all, the theory of intersectionality will be explained and then applied as a method of analysis. The complexity of defining homelessness will be tackled, focusing on the difficulties encountered when approaching this concept. I will discuss notions of protected ground and immutability of personal characteristics, then outline an intersectional approach to homelessness. Intersectional discrimination has not yet been applied by many courts and tribunals, but Canada has proven to be a vanguard in this area. For this reason, Canadian case law has been chosen as the …
Smoking Guns: The Supreme Court's Willingness To Lower Procedural Barriers To Merits Review In Cases Involving Egregious Racial Bias In The Criminal Justice System, Carrie Leonetti
Marquette Law Review
The systematic foreclosure of federal-court review of even the most meritorious federal constitutional challenges of state criminal convictions has made review on the merits of an inmate’s claim that a state court violated the U.S. Constitution in adjudicating a criminal case exceedingly rare. Nonetheless, over the past two terms, the Supreme Court appears to have started down a different road, overlooking potential procedural hurdles in several cases to uphold on the merits state inmates’ claims that their criminal trials were tainted by explicit race discrimination. While these cases taken together seem to suggest that the Court is willing to address …
Tobacco Denormalization, Anti-Healthism, And Health Justice
Tobacco Denormalization, Anti-Healthism, And Health Justice
Marquette Benefits and Social Welfare Law Review
None
Intersectional Complications Of Healthism
Intersectional Complications Of Healthism
Marquette Benefits and Social Welfare Law Review
None
Introduction: Four Views On Healthism
Introduction: Four Views On Healthism
Marquette Benefits and Social Welfare Law Review
None
Undressing The Locker Room Issue: Applying Title Ix To The Legal Battle Over Locker Room Equality For Transgender Student-Athletes, Meghan M. Pirics
Undressing The Locker Room Issue: Applying Title Ix To The Legal Battle Over Locker Room Equality For Transgender Student-Athletes, Meghan M. Pirics
Marquette Sports Law Review
None
Essay: A Positive Perspective On Regulation Of The Workplace Relationship, Dana M. Muir
Essay: A Positive Perspective On Regulation Of The Workplace Relationship, Dana M. Muir
Marquette Benefits and Social Welfare Law Review
Positive Organizational Scholarship studies how business organizations and their employees excel and thrive. It takes the opposite perspective from the traditional organizational research that examines negative deviance and how that deviance inhibits organizational performance. Like traditional organizational scholars, legal scholars (as well as lawyers, legislators, judges, and regulators) typically focus on problems. Examples abound in the field of employment law. For example, to what extent does employment discrimination still exist and how can it be eliminated? And, what constraints prevent Americans from achieving retirement security and how can those constraints be eliminated? This Essay proposes that we examine the Positive …
The Americans With Disabilities Act, Mental Illness,And Medication: A Historical Perspective And Hope For The Future, Jennifer M. Jackson
The Americans With Disabilities Act, Mental Illness,And Medication: A Historical Perspective And Hope For The Future, Jennifer M. Jackson
Marquette Elder's Advisor
No abstract provided.
The Adea, Your Partner, And You
The Adea, Your Partner, And You
Marquette Elder's Advisor
The Age Discrimination in Employment Act (ADEA) applies to lawyers and law firms, and older lawyers may have a cause for action after termination. This column highlights the pitfalls a law firm faces in terminating older lawyers, or lawyers who are physically or mentally impaired.
Senior Housing Advertising: Sending The Right Message Under The Fhaa, Victoria M. De Lisle, Robert W. Mouton
Senior Housing Advertising: Sending The Right Message Under The Fhaa, Victoria M. De Lisle, Robert W. Mouton
Marquette Elder's Advisor
The Fair Housing Amendments Act prohibits discrimination in housing advertisements. This article suggests some strategies to avoid potential violations of the FHAA. The article concludes that it is relatively easy to comply with the FHAA, and it suggests internal procedures to reduce the risk of an advertising discrimination claim.
Jury Selection In Aging America: The New Discrimination?, Max B. Rothman, Burton D. Dunlop, Gretchen M. Hirt
Jury Selection In Aging America: The New Discrimination?, Max B. Rothman, Burton D. Dunlop, Gretchen M. Hirt
Marquette Elder's Advisor
This article examines the effects on the judicial system of entrenched stereotypes of the elderly. These stereotypes may be working to drive discriminatory laws, policies, and practices that serve to disenfranchise them of their right to participate in the judicial system by serving as jurors. The article also discusses the implications of this discrimination on the judicial system.
A Quick Survey Of The Americans With Disabilities Act
A Quick Survey Of The Americans With Disabilities Act
Marquette Elder's Advisor
The Americans with Disabilities Act provides a wide range or protections from discrimination for elders who have physical and mental disabilities. The following article, the first of a series, provides an overview of the structure and principles of the ADA, concentrating on the protections provided for senior citizens seeking to remain on the job.
Wisconsin Legislature Employs Halftime Adjustment: How Wisconsin's "New" Indian Mascot Law Changes The Outlook For Future Challenges To The Use Of Discriminatory Nicknames, Mascots, And Logos In Wisconsin Schools, Jeremy Daniel Heacox
Marquette Sports Law Review
None
European Football's Home-Grown Players Rules And Nationality Discrimination Under The European Community Treaty, Lloyd Freeburn
European Football's Home-Grown Players Rules And Nationality Discrimination Under The European Community Treaty, Lloyd Freeburn
Marquette Sports Law Review
No abstract provided.
Educational Athletic Employment And Civil Rights: Examining Discrimination Based On Disability, Age, And Race, Diane Heckman
Educational Athletic Employment And Civil Rights: Examining Discrimination Based On Disability, Age, And Race, Diane Heckman
Marquette Sports Law Review
No abstract provided.
"No Drinking, No Drugs, No Lesbians": Sexual Orientation Discrimination In Intercollegiate Athletics, Barbara Osborne
"No Drinking, No Drugs, No Lesbians": Sexual Orientation Discrimination In Intercollegiate Athletics, Barbara Osborne
Marquette Sports Law Review
No abstract provided.
Playing The Game Of Academic Integrity Vs. Athletic Success: The Americans With Disabilities Act (Ada) And Intercollegiate Student-Athletes With Learning Disabilities , Yuri Nicholas Walker
Playing The Game Of Academic Integrity Vs. Athletic Success: The Americans With Disabilities Act (Ada) And Intercollegiate Student-Athletes With Learning Disabilities , Yuri Nicholas Walker
Marquette Sports Law Review
No abstract provided.
The Americans With Disabilities Act And The Aging Athlete After Casey Martin, Alison Barnes
The Americans With Disabilities Act And The Aging Athlete After Casey Martin, Alison Barnes
Marquette Sports Law Review
No abstract provided.