Law Commons^™

Destructive Ambiguity: Enemy Nationals And The Legal Enabling Of Ethnic Conflict In The Middle East, Michael Kagan

Scholarly Works

In the course of the Middle East conflict since 1948, both the Arab states and Israel have tended to take harsh measures against civilians based on their national, ethnic, and religious origins. This practice has been partially legitimized by a norm in international law that permits states to infringe the liberty and property interests of enemy nationals during armed conflict. Middle Eastern governments have misused the logic behind this theoretically exceptional rule to justify far-reaching measures that undermine the “principle of distinction” between civilians and combatants and erode the principle of non-discrimination that lies at the center of human rights …

Employee Recruitment By Design Or Default: Uncertainty Under Title Vii, Elaine W. Shoben

Scholarly Works

The employment of every new worker is the result of a two-stage process: recruitment of applicants and selection from the applicant pool. A personnel officer may evaluate only John and Jane Worker because Juan and Juanita Worker are not in the applicant pool. What active or passive acts by the company establish the applicant pool? The issue becomes particularly troublesome when Juan and Juanita Worker are members of one minority group and John and Jane Worker are members of another racial or ethnic minority group. May employers legally recruit more actively from one group than another?

This Article examines the …