Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (5)
- Touro University Jacob D. Fuchsberg Law Center (3)
- American University Washington College of Law (1)
- California Western School of Law (1)
- Embry-Riddle Aeronautical University (1)
-
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Colorado Law School (1)
- University of Georgia School of Law (1)
- University of Missouri School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of New Hampshire (1)
- University of Oklahoma College of Law (1)
- University of Washington School of Law (1)
- Publication
- Publication Type
Articles 1 - 19 of 19
Full-Text Articles in Law
Evaluating Purely Reproductive Disorders Under The Americans With Disabilities Act, Todd Lebowitz
Evaluating Purely Reproductive Disorders Under The Americans With Disabilities Act, Todd Lebowitz
Michigan Law Review
Approximately 2.8 million American couples suffer from infertility, a condition generally defined by the medical community as the failure to conceive after one year of unprotected intercourse. During the past thirty years, diagnostic and therapeutic techniques for treating infertility have improved drastically, enabling many previously infertile couples to bear children. These techniques, however, involve considerable expense and inconvenience, frequently requiring patients to take time off from work. Disputes with employers may follow, sometimes resulting in the infertile employee's termination. Some terminated employees, claiming that infertility constitutes a disability, then sue their former employers under the Americans with Disabilities Act of …
Modern Discrimination Theory And The National Labor Relations Act, Rebecca H. White
Modern Discrimination Theory And The National Labor Relations Act, Rebecca H. White
Scholarly Works
This Article explores the concept of discrimination under the NLRA [National Labor Relations Act]. Specifically, it examines discrimination under the statute through the lens of Title VII, an approach that brings a fresh perspective to doctrine long considered settled. The purpose of this comparison is to explore the extent to which Title VII's discrimination concepts make sense under the NLRA. This analysis focuses on three specific areas. First, it examines discrimination cases under section 8(a)(1), concluding that the lower courts are wrong to apply Title VII concepts and to insist that without disparate treatment of union activities, no unlawful discrimination …
Psychosocial Risks Of Storing And Using Human Tissues In Research, Jon F. Merz
Psychosocial Risks Of Storing And Using Human Tissues In Research, Jon F. Merz
RISK: Health, Safety & Environment (1990-2002)
Dr. Merz argues that genetics technology makes it more compelling that researchers plan more carefully for the collection and disposition of information derived from subjects' tissues and blood.
An Equal Opportunity Disorder, Ibpp Editor
An Equal Opportunity Disorder, Ibpp Editor
International Bulletin of Political Psychology
This article describes some of the problems associated with the worthy endeavor of minimizing discrimination against people diagnosed with mental disorders.
Product Differentiation Through Space And Time: Some Antitrust Policy Issues, Jonathan Baker
Product Differentiation Through Space And Time: Some Antitrust Policy Issues, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Environmental Inequity: Economic Causes, Economic Solutions, Thom Lambert, Christopher Boerner
Environmental Inequity: Economic Causes, Economic Solutions, Thom Lambert, Christopher Boerner
Faculty Publications
The article examines one such shortcoming: namely, that existing research fails to account for the dynamic nature of the housing market. Analyzing data from the St. Louis metropolitan area, this study finds that economic factors--not siting discrimination--are behind many claims of environmental racism. This phenomenon suggests the need to develop public policies that fit the economic nature of the problem. In particular, a policy that compensates individuals living near industrial sites is the key to securing environmental justice.
Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James M. Donovan
Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James M. Donovan
Michigan Journal of Gender & Law
According to the text of the Act, DOMA's purposes are "to define and protect the institution of marriage," where marriage is defined to exclude same-sex partners. To be constitutionally valid under the Establishment Clause, this notion that heterosexual marriages require "protection" from gay and lesbian persons must spring from a secular and not religious source. This Article posits that DOMA has crossed this forbidden line between the secular and the religious. DOMA, motivated and supported by fundamentalist Christian ideology, and lacking any genuine secular goals or justifications, betrays the Establishment Clause of the U.S. Constitution.
Discrimination Cases (The Supreme Court And Local Government Law: The 1995-1996 Term), Eileen Kaufman
Discrimination Cases (The Supreme Court And Local Government Law: The 1995-1996 Term), Eileen Kaufman
Scholarly Works
No abstract provided.
The Fearful Symmetry Of Gay Rights, Religious Freedom, And Racial Equality, Walter J. Walsh
The Fearful Symmetry Of Gay Rights, Religious Freedom, And Racial Equality, Walter J. Walsh
Articles
A decade has now passed since Julia Cooper Mack authored her most controversial judicial opinion, Gay Rights Coalition of Georgetown University Law Center v. Georgetown University. That opinion provoked two acts of Congress aimed at its reversal, newspaper editorials from coast to coast, and over one hundred scholarly authors debating its wisdom. In this short essay, I shall suggest that this extended hermeneutic debate has yet to touch upon the deepest implications of Judge Mack's Georgetown opinion. While recent scholarship on this story praises Judge Mack's unusual ability to reconcile clashing interest groups, a more accurate account might be …
Deconstructing The Ideology Of White Aesthetics, John M. Kang
Deconstructing The Ideology Of White Aesthetics, John M. Kang
Michigan Journal of Race and Law
In this Article, the author provides a discussion on the dynamic between race and aesthetics. The author states that because Whites are the dominant group in America, they dictate what is beautiful. The consequence of this power dynamic is that the dominant group, Whites, can exercise preferences in deciding how to look or express themselves, whereas people of color are limited to either conforming to an imposed White standard or rejecting it. The author starts by laying out some of the features to what he terms the "ideology of White aesthetics." He then commences to examine how this ideology has …
In Sisterhood, Lisa C. Ikemoto
In Sisterhood, Lisa C. Ikemoto
Michigan Journal of Race and Law
A review of Where Is Your Body? by Mari Matsuda
Race And Criminal Justice, Richard B. Collins
Discrimination Cases, Eileen Kaufman
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Touro Law Review
No abstract provided.
An Overview Of The Arkansas Civil Rights Act Of 1993, Theresa M. Beiner
An Overview Of The Arkansas Civil Rights Act Of 1993, Theresa M. Beiner
Faculty Scholarship
No abstract provided.
Employment Law: Mckennon V. Nashville Banner Publishing Co. And After-Acquired Evidence--A Convincing Resolution To Employer/Employee Misconduct Or An Incomplete Assessment Of The Issue?, William D. Fisher
Oklahoma Law Review
No abstract provided.
Intersectionality And Positionality: Situating Women Of Color In The Affirmative Action Dialogue, Laura M. Padilla
Intersectionality And Positionality: Situating Women Of Color In The Affirmative Action Dialogue, Laura M. Padilla
Faculty Scholarship
This article explores the position of women of color in the affirmative action dialogue. Affirmative action has come under attack locally, statewide, and federally. During this same period, critical race feminists have brought into sharp relief how women of color are marginalized or erased in discourses over sex and gender, as well as over race and ethnicity. Despite these protests and warnings, the current debate over affirmative action continues this history of invisibility, perpetuating America's spoken and unspoken conceptions about where women of color belong. For example, most discussion of affirmative action focuses on race, more specifically on African-Americans. Some …
Honesty, Privacy, And Shame: When Gay People Talk About Other Gay People To Nongay People, David L. Chambers, Steven K. Homer
Honesty, Privacy, And Shame: When Gay People Talk About Other Gay People To Nongay People, David L. Chambers, Steven K. Homer
Michigan Journal of Gender & Law
There is a longstanding convention among lesbians and gay men in the United States: Do not reveal the sexuality of a gay person to a heterosexual person; unless you are certain that the gay person does not regard his sexuality as a secret. Lie if necessary to protect her secret. Violating the convention by "outing" another person is widely considered a serious social sin.
The Emerging Cronyism Defense And Affirmative Action: A Critical Perspective On The Distinction Between Colorblind And Race-Conscious Decision Making Under Title Vii, Ann C. Mcginley
Scholarly Works
In Foster v. Dalton, the United States Supreme Court approved of the promotion of a less-qualified white male over a better-qualified black female under very suspicious circumstances; in Taxman v. Board of Education, the court invalidated the retention of an equally qualified black female over her white counterpart. The law justifies the disparate results in Foster and Taxman by invoking the principle of race and gender “neutrality” in the decision making process. Under this principle, the law generally prohibits employment determinations based consciously on a person's race or gender. An exception to the “neutrality principle” of Title VII is the …