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Full-Text Articles in Law
E-Discovery As Quantum Law: Clash Of Cultures-What The Future Portends, Michael Yager
E-Discovery As Quantum Law: Clash Of Cultures-What The Future Portends, Michael Yager
Richmond Journal of Law & Technology
Early in the twentieth century, the phenomenon that is the “quantum” stormed the fortress of classical physics, causing Albert Einstein, one of science's greatest thinkers, to opine, “[i]t was as if the ground had been pulled out from under one, with no firm foundation to be seen anywhere, upon which one could have built.” The theoretical laws associated with looking at reality on the quantum level violently collided with those related to looking at the same reality on the macro level. The application of quantum theory to the mathematically pure and proven classical laws of physics introduced a cultural clash …
Databases Lie! Successfully Managing Structured Data, The Oft-Overlooked Esi, Conrad Jacoby, Jim Vint, Michael Simon
Databases Lie! Successfully Managing Structured Data, The Oft-Overlooked Esi, Conrad Jacoby, Jim Vint, Michael Simon
Richmond Journal of Law & Technology
Legal professionals regularly advise clients to ensure that the storage, retention, and accessibility of their Electronically-Stored Information (“ESI”) is in full compliance with all legal and regulatory requirements in the event this information becomes relevant in civil, criminal, or regulatory disputes. However, what many practitioners may not realize is that the ESI that clients are required to produce for e- discovery includes both “unstructured” and “structured” data. Searching and producing only one of these types of ESI may well not fully satisfy a client’s full discovery obligations. Even worse, it might not present a full understanding of the factual issues …
Austin Owen Lecture: Difficulties, Dangers & Challenges Facing The Judiciary Today, Robert E. Payne
Austin Owen Lecture: Difficulties, Dangers & Challenges Facing The Judiciary Today, Robert E. Payne
University of Richmond Law Review
Judge Payne presented this address at The Sixth Annual Austin Owen Lecture on November 18, 1997. The Honorable Austin E. Owen attended Richmond College from 1946-47 and received his law degree from The T.C. Williams School of Law in 1950. During his distinguished career, Judge Owen served as an Assistant U.S. Attorney for the Eastern District of Virginia; a partner in Owen, Gray, Rhodes, Betz, Smith and Dickerson; and was appointed Judge of the Second Judicial Circuit of Virginia where he served until his retirement in 1990. The Law School community grieved the loss of this distinguished alumnus upon his …
Robinson V. Shell Oil Co.: Policy-Not Ambiguity-Drives The Supreme Court's Decision To Broaden Title Vii's Retaliation Coverage, Barry T. Meek
Robinson V. Shell Oil Co.: Policy-Not Ambiguity-Drives The Supreme Court's Decision To Broaden Title Vii's Retaliation Coverage, Barry T. Meek
University of Richmond Law Review
Before the Supreme Court's pronouncement in Robinson v. Shell Oil Co., a majority of the circuit courts were blurring seemingly unambiguous language to expand Title VII's coverage to comport with amiable policy goals. Only policy justifications could explain the courts' willingness to cover postemployment retaliation based on language that prohibits an employer from discriminating "against his employees" and that further defines employees as those persons "employed by an employer." Clearly, the plain meaning of such language envisions that persons protected under Title VII have an existing employment relationship with the covered employer at the time of the alleged retaliatory conduct. …
The Age Discrimination In Employment Act At Thirty: Where It's Been, Where It Is Today, Where It's Going, Howard C. Eglit
The Age Discrimination In Employment Act At Thirty: Where It's Been, Where It Is Today, Where It's Going, Howard C. Eglit
University of Richmond Law Review
Thirty-three years ago, in the course of debating the legislation that eventually was enacted into law as the Civil Rights Act of 1964, Congress began-albeit very tentatively-to address age discrimination in the workplace. While it rejected attempts to amend the 1964 bill to include age within the then-pending menu of proscribed bases for workplace decision-making, i.e., race, color, national origin, religion, and sex, Congress did direct the Secretary of Labor to undertake a study to ascertain the nature and extent of age bias in employment and to make recommendations for dealing with this discrimination, if it in fact existed.
The Civil Rights Act Of 1991, Retroactivity, And Continuing Violations: The Effect Of Landgraf V. Usi Film Products And Rivers V. Roadway, Leonard Charles Presberg
The Civil Rights Act Of 1991, Retroactivity, And Continuing Violations: The Effect Of Landgraf V. Usi Film Products And Rivers V. Roadway, Leonard Charles Presberg
University of Richmond Law Review
The Civil Rights Act of 1991 (the Act) made significant changes to the major employment discrimination statutes. In addition to restoring the law that was in effect prior to a number of Supreme Court decisions which eroded the civil rights statutes, the Act also added remedies that were omitted from previous legislation. One important area that was unclear at the time of the Act's passage was the issue of retroactivity. In light of the Act's unclear legislative history, ambiguous statutory language, and seemingly contradictory Supreme Court precedent, the Act's retroactive nature has been widely litigated and discussed.
Americans With Disabilities Act: Dispelling The Myths. A Practical Guide To Eeoc's Voodoo Civil Rights And Wrongs, Charles D. Goldman
Americans With Disabilities Act: Dispelling The Myths. A Practical Guide To Eeoc's Voodoo Civil Rights And Wrongs, Charles D. Goldman
University of Richmond Law Review
The time is at hand for reality to replace expectation as the employment provisions of the federal mandate not to discriminate against qualified individuals with disabilities, the Americans with Disabilities Act (the "ADA"), are now the law of the land. A new era of rights, responsibilities, and opportunities dawned for private and governmental employers, and disabled persons when the rules of the United States Equal Employment Opportunity Commission ("EEOC") went into effect on July 26, 1992. A practical, common sense utilization of institutional solutions complemented by individualized applications, not ad hoc reactions, is essential. Other- wise employers' worst fears will …
The Legal Nature Of Academic Freedom In United States Colleges And Universities, William H. Daughtrey Jr.
The Legal Nature Of Academic Freedom In United States Colleges And Universities, William H. Daughtrey Jr.
University of Richmond Law Review
The courts serve as the ultimate guardians of the free expression of ideas in colleges and universities throughout the United States. While the Constitution does not enumerate any specific right of academic freedom, the Supreme Court of the United States has employed the first and fourteenth amendments to help ensure that academic institutions can continue to be forums for the unfettered exchange of ideas. State constitutions and statutes also help de- termine the contours of academic freedom.
The Validity Of Court-Ordered Employment Quotas: A Statutory And Constitutional Analysis, Paul E. Mirengoff
The Validity Of Court-Ordered Employment Quotas: A Statutory And Constitutional Analysis, Paul E. Mirengoff
University of Richmond Law Review
Although Title VII of the Civil Rights Act of 1964 has produced more than its share of difficult legal and moral issues, none has sparked more controversy than the question of the validity of hiring and promotion quotas. This issue has fueled continuous debate in the popular press and in scholarly journals. It has long divided former allies in the fight for civil rights legislation, and has even divided the two government agencies charged with primary responsibility for enforcing anti-discrimination laws, the Department of Justice and the Equal Employment Opportunity Commission (EEOC).
Damages In Age Discrimination Cases - The Need For A Closer Look, Lavinia A. James
Damages In Age Discrimination Cases - The Need For A Closer Look, Lavinia A. James
University of Richmond Law Review
Prior to 1967, older workers throughout the country were virtually unprotected from discrimination in their employment based on age. In the 1960's Congress first attempted to combat such discrimination against the elderly; however, none of the enacted statutes had an express prohibition on age discrimination.
Unemployment Compensation Benefits: Part Of A Balanced Package Of Relief For Sexual Harassment Victims, Meri Arnett-Kremian
Unemployment Compensation Benefits: Part Of A Balanced Package Of Relief For Sexual Harassment Victims, Meri Arnett-Kremian
University of Richmond Law Review
Although sexual harrassment was once a topic discussed so rarely as to be almost taboo, it now is subject to much analysis. Books and articles in magazines and professional journals have helped define the parameters of the problem, treating it both as a sociological phenomenon and as a legal issue. Articles discussing the legal aspects of sexual harassment tend to concentrate exclusively on the arsenal of litigation weapons available to a potential plaintiff, despite the fact that the vast majority of women who experience harassment will choose not to sue, and those who do will often wait years before they …
Employment Discrimination-Seniority Systems Under Title Vii: American Tobacco Co. V. Pattersonand Pullman-Standard V. Swint, Joseph D. Mccluskey
Employment Discrimination-Seniority Systems Under Title Vii: American Tobacco Co. V. Pattersonand Pullman-Standard V. Swint, Joseph D. Mccluskey
University of Richmond Law Review
Title VII of the Civil Rights Act of 1964 "is a broad remedial measure designed 'to assure equality of employment opportunities.'" The Su- preme Court, in the seminal Title VII employment discrimination case, Griggs v. Duke Power Co.,s stated that "[t]he objective of Congress in the enactment of Title VII ...was to achieve equality of employment oppor- tunities and remove barriers that have operated in the past to favor an identifiable group of white employees over other employees."" The Griggs decision has provided the basic framework for analyzing employment dis- crimination cases. The Court held that any employment practices, proce- …
Private Discrimination Actions Filed In Federal Court: Nonsubstantive Matters Affecting Liability And Relief, Gary J. Spahn, David E. Boone
Private Discrimination Actions Filed In Federal Court: Nonsubstantive Matters Affecting Liability And Relief, Gary J. Spahn, David E. Boone
University of Richmond Law Review
Confusion regarding who may be held liable and what relief may be sought is evident in the inconsistent and conflicting decisions of the federal courts in private actions which charge unlawful discrimination under color of state law. The cause of the confusion has little to do with whether in fact the plaintiff has been the victim of discrimination but may be attributed to the piecemeal development of what may be termed nonsubstantive matters which nevertheless substantially affect the issues of liability and relief.
Critique: A Plaintiff's View, Henry L. Marsh Iii
Critique: A Plaintiff's View, Henry L. Marsh Iii
University of Richmond Law Review
No greater challenge confronts persons seeking to enjoy America's promise of "equality and justice for all" than that of enforcing the clear congressional mandate that all forms of discrimination based on race, religion, nationality and sex be eliminated. It follows then that the continued existence of such discrimination constitutes a great danger to the moral and economic well-being of our nation.
The Class Action And Title Vii- An Overview
The Class Action And Title Vii- An Overview
University of Richmond Law Review
The class action device and Title VII enforcement go hand in hand. In a proper case, a suit alleging a violation of Title VII is by nature a class action since it attempts to remedy the effects of employment discrimination on the basis of a class characteristic. As in any other case, however, a class action is permitted only if the requirements of Rule 23 of the Federal Rules of Civil Procedure are met. Before certifying an action as a class action' the court must determine that (1) the class is so numerous that joinder of its members is impracticable …
Civil Rights-Sex Discrimination-Employer's Denial Of Disability Benefits Held To Violate Title Vii Of The 1964 Civil Rights Act
University of Richmond Law Review
Prior to 1971 women found little relief in the courts for claims of sex discrimination. The Supreme Court upheld almost all legislation designed for the "protection" of women, predicated on their virtue, their health, or the "well being of [their] race." The first major legislative prohibition of sex discrimination, outside of judicial interpretation of the equal protec- tion clause, is found in Title VII of the 1964 Civil Rights Act. It seems ironic that a provision on sex discrimination, today a frequently litigated issue, was amended to Title VII almost as an afterthought.
A Guide To The Law Of Fair Employment, Benjamin Werne
A Guide To The Law Of Fair Employment, Benjamin Werne
University of Richmond Law Review
In the field of civil rights, there are broad, cumulative remedies available to the aggrieved party. The fabric of these remedies is an amalgam of various and varying statutes, judicial holdings, administrative determinations and arbitral awards. The following article attempts a distillation of current law-much of which is further complicated by conflicting decisions.
Sex Discrimination In Employment: What Has Title Vii Accomplished For The Female?
Sex Discrimination In Employment: What Has Title Vii Accomplished For The Female?
University of Richmond Law Review
The legislative intent of Title VII of the 1964 Civil Rights Act was to eradicate all forms of discriminatory employment practices based upon race, religion, national origin or sex. While the initial success of accomplishing this goal fell short of what was expected, important strides in recent years have reversed earlier disappointments.