Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (12)
- Law and Race (4)
- Legal Studies (4)
- Legal Theory (4)
- Social and Behavioral Sciences (4)
-
- Labor and Employment Law (3)
- Law and Gender (3)
- Legislation (3)
- Sexuality and the Law (3)
- Courts (2)
- Civil Law (1)
- Comparative and Foreign Law (1)
- Criminal Law (1)
- Disability Law (1)
- Dispute Resolution and Arbitration (1)
- Environmental Law (1)
- Family Law (1)
- Health Law and Policy (1)
- Law and Psychology (1)
- Law and Society (1)
- Legal Education (1)
- Legal History (1)
- Religion Law (1)
- Supreme Court of the United States (1)
- Institution
-
- University of Michigan Law School (6)
- University of San Diego (4)
- Duke Law (2)
- Fordham Law School (2)
- Schulich School of Law, Dalhousie University (2)
-
- University of Missouri School of Law (2)
- William & Mary Law School (2)
- Boston University School of Law (1)
- Saint Louis University School of Law (1)
- Southern Methodist University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Florida Levin College of Law (1)
- University of Miami Law School (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- Publication
-
- San Diego Law Review (4)
- Articles (3)
- Dalhousie Law Journal (2)
- Duke Journal of Gender Law & Policy (2)
- Faculty Publications (2)
-
- Michigan Journal of International Law (2)
- Scholarly Works (2)
- All Faculty Scholarship (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Scholarship (1)
- Fordham Law Review (1)
- Fordham Urban Law Journal (1)
- Michigan Journal of Gender & Law (1)
- Michigan Law Review (1)
- Missouri Law Review (1)
- UF Law Faculty Publications (1)
- William & Mary Law Review (1)
- Publication Type
Articles 1 - 27 of 27
Full-Text Articles in Law
Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein
Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein
Michigan Law Review
In this essay I address the notion of caste in two separate contexts: in the traditional disputes over race and sex, and in the more modem disputes over sexual orientation. In both cases the idea of caste and its kindred notions of subordination and hierarchy are used to justify massive forms of government intervention. In all cases I think that these arguments are incorrect. In their place, I argue that the idea of caste should be confined to categories of formal, or legal, distinctions between persons before the law. This more limited notion of caste supplies no justification for the …
If Black Is So Special, Then Why Isn't It In The Rainbow?, Sharon E. Rush
If Black Is So Special, Then Why Isn't It In The Rainbow?, Sharon E. Rush
UF Law Faculty Publications
In the modern day, defining "family" becomes less of a theoretical debate when one's own family unit is different from the traditional married, middle-class mother and father with their biological children. For non-traditional families, redefining family takes on enormous practical significance and may actually enable people to create families. Laws permitting transracial adoptions and surrogacy are illustrative. Moreover, a broader definition of family provides greater legal security to non-traditional families. Without such legal protection, non-traditional families live in fear of traditional laws tearing them apart. Rather than using a standard that promotes hegemony in custody disputes, decisionmakers should become aware …
Title Ii Of The Civil Rights Act Of 1964 And Membership Organizations Unconnected To A Physical Facility, Sandra J. Colhour
Title Ii Of The Civil Rights Act Of 1964 And Membership Organizations Unconnected To A Physical Facility, Sandra J. Colhour
Missouri Law Review
In Welsh v. Boy Scouts of America, the Seventh Circuit interpreted Title II of the Civil Rights Act of 1964. At the time of the 1964 Act, almost ninety years had passed since Congress last focused on civil rights legislation in public accommodations? While Congress clearly intended for Title II to end racial and certain other types of discrimination in public accommodations,4 congressional intent with regard to entities that do not clearly resemble any of Title II's specific examples is less clear. This Note examines the sources behind the court's decision, evaluates the court's theory of interpretation, and predicts the …
Lesbians, Gays And The Struggle For Equality Rights: Reversing The Progressive Hypothesis, Mary Eaton
Lesbians, Gays And The Struggle For Equality Rights: Reversing The Progressive Hypothesis, Mary Eaton
Dalhousie Law Journal
The tale often told of Canadian law's advancement in the field of sexual orientation rights is simple but sublime: law has moved, however ploddingly and not without substantial prodding, out of an epoch of almost total repression, into an evermore enlightened era. Castigated by criminal law, pushed to the perimeter by administrative law, and ignored by human rights law, the "homosexual"' had once been law's quintessential "other." In recent years, however, legislatures and courts have increasingly been willing to recognize "homosexuals" as a constituency too long held down by the heavy hand of legal control. Most penal prohibitions against exercises …
A Postmodern Constitutionalism: Equality Rights, Identity Politics, And The Canadian National Imagination, Carl F. Stychin
A Postmodern Constitutionalism: Equality Rights, Identity Politics, And The Canadian National Imagination, Carl F. Stychin
Dalhousie Law Journal
In the 1990s, "identity" has become the centrepiece of theoretical work in a variety of disciplines. We now know that, in the conditions of late modem (or postmodem) society, identity is complex-it is fragmented, intersected, subject to alteration, socially constructed and it exhibits only a partial fixity at any moment. Most important, identities are to be valued, respected, and understood on their own terms. However, we also have relearned (if we ever forgot) that identities can be dangerous and fatal, especially when they coalesce in the form of nationalism. In this article, I will explore the intersection of nationalism and …
Ethnicity And Prejudice: Reevaluating "National Origin" Discrimination Under Title Vii, Juan F. Perea
Ethnicity And Prejudice: Reevaluating "National Origin" Discrimination Under Title Vii, Juan F. Perea
William & Mary Law Review
No abstract provided.
Rights And Irresponsibility, Linda C. Mcclain
Rights And Irresponsibility, Linda C. Mcclain
Faculty Scholarship
There can be little doubt that a marked discontent with rights and "rights talk" is in the air, as are calls for a turn to responsibility and "responsibility talk."' In a broad range of contemporary discourses, rights are juxtaposed against responsibility as if the two were inversely or even perversely related to one another. Indeed, rights are said to license irresponsibility. Academics, politicians, and the popular media claim that Americans increasingly invoke rights talk and shrink from responsibility talk and that as a result America suffers from an explosion of frivolous assertions of rights' and a breakdown of responsible conduct. …
Epstein's Premises, Evan Tsen Lee
Epstein's Premises, Evan Tsen Lee
San Diego Law Review
This Article criticizes Richard Epstein's argument that Congress should repeal Title VII expressed in his book Forbidden Grounds: The Case Against Employment Discrimination. The author's criticisms of Epstein's argument are the product of disagreement with some of Epstein's premises, and disagreement with some of Epstein's choices about where to stop his analyses. The author disputes Epstein's premise that governmental intervention into otherwise accessible markets is justifiable only in cases of force or fraud. The author also notes some of Epstein's empirical suppositions that are inconsistent with one another.
Standing Firm, On Forbidden Grounds, Richard A. Epstein
Standing Firm, On Forbidden Grounds, Richard A. Epstein
San Diego Law Review
This introductory Article to the Title VII Symposium contained in this issue of the San Diego Law Review addresses the critiques leveled at the book Forbidden Grounds: The Case Against Employment Discrimination Laws. Richard Epstein, the author of the book, recognizes the disagreement expressed in the Articles in the Symposium, and attempts to defend his thesis in this Article. He argued in Forbidden Grounds that the best set of overall social outcomes would come from eliminating antidiscrimination laws which prohibit employer discrimination on the grounds of race, creed, sex, age, handicap, or anything else. In this Article, he addresses several …
Alternative Grounds: Epstein's Discrimination Analysis In Other Market Settings, Ian Ayres
Alternative Grounds: Epstein's Discrimination Analysis In Other Market Settings, Ian Ayres
San Diego Law Review
This Article focuses on how Richard Epstein's discrimination analysis in his book Forbidden Grounds: The Case Against Employment Discrimination Laws plays out in four other market contexts. The author analyzes historical labor markets (circa 1964), public accommodations, housing, and new car markets. He concludes that applying Epstein's theory to these different market settings exposes limitations of Epstein's analysis.
Reality, Drew S. Days, Iii
Reality, Drew S. Days, Iii
San Diego Law Review
This Article applies the economic theory of regulation to laws forbidding discrimination or requiring affirmative action. It argues for using transferable rights in order to achieve diversity rather than quotas. Based on economic theories, the Article finds that the most efficient remedies for discrimination are the ones already developed by economists for other problems. The author suggests that discriminatory cartels can be prohibited or undermined, discriminatory signals can be overcome by supplementing market information, and external effects of prejudice can be internalized by tax subsidies. He concludes that perfect competition causes discriminators to pay for segregation, and some current antidiscrimination …
From Crippled To Disabled: The Legal Empowerment Of Americans With Disabilities, Michael Ashley Stein
From Crippled To Disabled: The Legal Empowerment Of Americans With Disabilities, Michael Ashley Stein
Faculty Publications
No abstract provided.
Small Numbers, Black Men, Precipitous Responses, Big Problems, Michael A. Middleton
Small Numbers, Black Men, Precipitous Responses, Big Problems, Michael A. Middleton
Faculty Publications
Professor Culp has aptly warned us that in our discussion of employment discrimination we should not lose sight of the need to address the spectrum of policies affecting the status of African-Americans. Without serious efforts in all aspects of American life (e.g., housing, education, health care, political and economic empowerment) our chances of significantly improving the future for African-American men are slim.
The Key To Unlocking The Clubhouse Door: The Application Of Antidiscrimination Laws To Quasi-Private Clubs, Sally Frank
The Key To Unlocking The Clubhouse Door: The Application Of Antidiscrimination Laws To Quasi-Private Clubs, Sally Frank
Michigan Journal of Gender & Law
This article focuses on discrimination in quasi-private clubs and the impact of laws and the United States Constitution on that discrimination. For the purposes of this article, a quasi-private club is any organization that claims to be private but which might in fact be viewed as public. The term "quasi-private" is used because litigation concerning discrimination in such organizations often rests on whether the entity is private, and therefore cannot be regulated.
Gender Law, Katharine T. Bartlett
Gender Law, Katharine T. Bartlett
Duke Journal of Gender Law & Policy
The inauguration of the DUKE JOURNAL OF GENDER LAW & POLICY represents an exciting step in the institutionalization of a subject area in academic law formerly found only at the fringe of legal scholarship and law school curriculums. Often shunned as a political activity inappropriate to institutions committed to academic rigor, objectivity, and neutrality, gender law has begun to lay down roots as a disciplined set of inquiries that enhance the rigor of conventional legal study and offer tools for improving the objectivity and neutrality of law, even as it challenges the conventional meanings of those concepts. There are two …
Pay Equity And Women’S Wage Increases: Success In The States, A Model For The Nation, Heidi I. Hartmann, Stephanie Aaronson
Pay Equity And Women’S Wage Increases: Success In The States, A Model For The Nation, Heidi I. Hartmann, Stephanie Aaronson
Duke Journal of Gender Law & Policy
By 1989, twenty states had implemented programs to raise the wages of workers in female-dominated job classes in their state civil services. A study of these pay equity programs, conducted by the Institute for Women's Policy Research and the Urban Institute, found that all twenty states were successful in closing the female/male wage gap without substantial negative side effects such as increased unemployment. The extent to which the states succeeded depended on many factors including how much money was spent, the proportion of women affected, and the standard to which female wages were raised. As women's responsibilities for their families' …
Employment Discrimination: Recent Developments In The Supreme Court, Eileen Kaufman
Employment Discrimination: Recent Developments In The Supreme Court, Eileen Kaufman
Scholarly Works
No abstract provided.
Stress And Health In 1st-Year Law Students: Women Fare Worse, Daniel N. Mcintosh, Julie Keywell, Alan Reifman, Phoebe C. Ellsworth
Stress And Health In 1st-Year Law Students: Women Fare Worse, Daniel N. Mcintosh, Julie Keywell, Alan Reifman, Phoebe C. Ellsworth
Articles
The social and psychological consequences of being a female law student may include greater stress and worse health than that experienced by male students. First-year law students at a major state university were surveyed about their physical and psychological health prior to, in the middle of, and at the end of the school year. They were also asked about specific sources of strain (e.g., grades, time pressure) at mid-year. Relative to men, women reported greater strain due to sexism, lack of free time, and lack of time to spend with one’s spouse/partner. Women also displayed more depression and physical symptoms …
"Who, Me?": A Supervisor's Individual Liability For Discrimination In The Workplace, Christopher Greer
"Who, Me?": A Supervisor's Individual Liability For Discrimination In The Workplace, Christopher Greer
Fordham Law Review
No abstract provided.
Divergent Strategies: Union Organizing And Alternative Dispute Resolution, Theodore J. St. Antoine
Divergent Strategies: Union Organizing And Alternative Dispute Resolution, Theodore J. St. Antoine
Articles
The Commission on the Future of Worker-Management Relations, the so-called "Dunlop Commission," is focusing on three principal subjects: (1) union organizing, (2) worker participation in management decision making, and (3) alternative dispute resolution (ADR). I am going to concentrate on the last, but first I would like to say a few words about union organizing. After all, unionization and collective bargaining - and for that matter, worker participation as well - can fairly be viewed as special forms of alternative dispute resolution.
Forshadowing Future Changes: Implications Of The Aids Pandemic For International Law And Policy Of Public Health, Ilise Levy Feitshans
Forshadowing Future Changes: Implications Of The Aids Pandemic For International Law And Policy Of Public Health, Ilise Levy Feitshans
Michigan Journal of International Law
Review of AIDS in the Industrialized Democracies: Passions, Politics and Policies (Ronald Bayer & David L. Kirp eds.) and The Social Impact of AIDS in the United States (Albert R. Jonsen & Jeff Stryker eds.)
Extremist Threats To Fragile Democracies: A Proposal For An East European Marshall Plan, Victor Williams
Extremist Threats To Fragile Democracies: A Proposal For An East European Marshall Plan, Victor Williams
Michigan Journal of International Law
Review of Black Hundred: The Rise of the Extreme Right in Russia by Walter Laquer, and Free to Hate: The Rise of the Extreme Right in Russia by Paul Hockenos
Legal Indeterminacy, Judicial Discretion And The Mexican-American Litigation Experience: 1930-1980, George A. Martinez
Legal Indeterminacy, Judicial Discretion And The Mexican-American Litigation Experience: 1930-1980, George A. Martinez
Faculty Journal Articles and Book Chapters
This article explores a jurisprudential point: legal indeterminacy in the context of Mexican-American civil rights litigation. The article argues that because of legal uncertainty or indeterminacy the resolution of key issues was not inevitable. Judges often had discretion to reach their conclusions. In this regard, the article concludes that the courts generally exercised their discretion by taking a position on key issues against Mexican-Americans. The article points out that exposing the exercise of judicial discretion and the lack of inevitability in civil rights cases is important for two major reasons. At one level, exposing the exercise of judicial discretion is …
No Time For Trumpets: Title Vii, Equality, And The Fin De Siecle, D. Marvin Jones
No Time For Trumpets: Title Vii, Equality, And The Fin De Siecle, D. Marvin Jones
Articles
No abstract provided.
Recognizing Violence Against Women: Gender And The Hate Crimes Statistics Act, Elizabeth Pendo
Recognizing Violence Against Women: Gender And The Hate Crimes Statistics Act, Elizabeth Pendo
All Faculty Scholarship
This article argues that acts of gender-based violence should be recognized under the Hate Crimes Statistics Act of 1990, and that certain types of violence against women, such as rape, are fundamentally gender-based. Part I examines the existing definition of hate crimes under the HCSA, and the exclusion of the majority of violence against women. Part II suggests gender should be included as a category under the HCSA because of the similar effects of violence directed at women due to gender, and violence directed at members of other groups because of their group identity. Using acquaintance rape as an example, …
The Meaning Of Urban Environmental Justice, Michel Gelobter, Ph.D.
The Meaning Of Urban Environmental Justice, Michel Gelobter, Ph.D.
Fordham Urban Law Journal
Environmental justice is redress for the structures and situations arising from environmental discrimination and, particularly, environmental racism. Environmental discrimination is actions and practices, arising from both individual ideologies and social structures that preserve and reinforce domination of subordinate groups with respect to the environment, while such discrimination with respect to race is environmental racism. Part I of this Essay discusses how environmental injustice is a three-dimensional nexus of economic injustice, social injustice and an unjust incidence of environmental quality, all of which overwhelmingly assures the continued oppression of communities of color and low-income communities on environmental matters. Part II of …
Condescending Contradictions: Richard Posner's Pragmatism And Pregnancy Discrimination, Ann C. Mcginley, Jeffrey W. Stempel
Condescending Contradictions: Richard Posner's Pragmatism And Pregnancy Discrimination, Ann C. Mcginley, Jeffrey W. Stempel
Scholarly Works
Richard Posner’s, the Chief Judge of the United States Court of Appeals for the Seventh Circuit, judicial actions have been criticized, primarily for inconsistently commingling economic analysis with other approaches to decisionmaking in an effort to reach personally pleasing results that are at odds with Posner's professed commitment to methodological rigor. Although criticism of Posner's judging is diverse, a common theme is that he too frequently marshals his argumentative force merely to uphold the economic rights of the powerful. In other words, according to the critics, after the rush of intellectual excitement subsides, litigants and the justice system are left …