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Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea Curcio, Carol Chomsky, Eileen Kaufman Nov 2014

Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea Curcio, Carol Chomsky, Eileen Kaufman

Eileen Kaufman

The false dichotomy between achieving diversity and rewarding merit frequently surfaces in discussions about decisions on university and law school admissions, scholarships, law licenses, jobs, and promotions. “Merit” judgments are often based on the results of standardized tests meant to predict who has the best chance to succeed if given the opportunity to do so. This Article criticizes over-reliance on standardized tests and responds to suggestions that challenging the use of such tests reflects a race-comes-first approach that chooses diversity over merit. Discussing the firefighter exam that led to the Supreme Court decision in Ricci v. DiStefano, as well as …


Employment Discrimination: Recent Developments In The Supreme Court (Symposium: The Supreme Court And Local Government Law: The 1992-93 Term), Eileen Kaufman Nov 2013

Employment Discrimination: Recent Developments In The Supreme Court (Symposium: The Supreme Court And Local Government Law: The 1992-93 Term), Eileen Kaufman

Eileen Kaufman

At a symposium entitled, “The Supreme Court and Local Government Law; The 1992/93 Term”, Professor Eileen Kaufman spoke about the cases involving employment discrimination that were decided during that particular Term, Hazen Paper Company v. Biggins and St. Mary's Honor Center v. Hicks. While Hazen is an age discrimination case and St. Mary's is a Title VII case, they can be viewed as companion cases which serve to explain what an employment discrimination plaintiff must now establish when attempting to prove disparate treatment by indirect evidence. By way of preview, suffice it to say that plaintiff's task has been made …


Deference Or Abdication: A Comparison Of The Supreme Courts Of Israel And The United States In Cases Involving Real Or Perceived Threats To National Security, Eileen Kaufman Nov 2013

Deference Or Abdication: A Comparison Of The Supreme Courts Of Israel And The United States In Cases Involving Real Or Perceived Threats To National Security, Eileen Kaufman

Eileen Kaufman

The Supreme Courts of Israel and the United States treat cases involving national security radically differently, or so it appears on the surface. The fact that the two courts make very different use of justiciability doctrines dramatically affects their willingness to decide “war on terrorism” cases that challenge aspects of national security programs as violative of individual rights. On the surface, the approaches of the two courts thus appear to be radically different, and indeed they are, at least with respect to their willingness to hear and decide cases in “real time” and in terms of their willingness to embrace …


Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman Nov 2013

Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman

Eileen Kaufman

In the Supreme Court's 1997 Term, the Supreme Court had decided a record number of statutory discrimination cases. However, that record was exceeded in the Supreme Court's 1998 Term with the Court addressing issues arising under Title VII, which covers discrimination in employment; Title IX, which covers discrimination in schools; and most significantly, the Americans with Disabilities Act, which prohibits discrimination based on disability. Overall, the term scored significant victories for employers who were given considerable latitude to set their own physical characteristic standards and who were, to a large extent, immunized from liability for punitive damages. There was an …


Getting It Right, Eileen Kaufman Oct 2013

Getting It Right, Eileen Kaufman

Eileen Kaufman

No abstract provided.


The Second Amendment: An Analysis Of District Of Columbia V. Heller, Eileen Kaufman Oct 2013

The Second Amendment: An Analysis Of District Of Columbia V. Heller, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Community Service Component Of An Alternative Bar Exam, Eileen Kaufman Dec 2012

Community Service Component Of An Alternative Bar Exam, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Innocents Abroad: Reflections On Summer Abroad Law Programs, Eileen Kaufman, Louise Harmon Jul 2011

Innocents Abroad: Reflections On Summer Abroad Law Programs, Eileen Kaufman, Louise Harmon

Eileen Kaufman

No abstract provided.


Shelter From The Storm: An Analysis Of U.S. Refugee Law As Applied To Tibetans Formerly Residing In India, Eileen Kaufman Jul 2011

Shelter From The Storm: An Analysis Of U.S. Refugee Law As Applied To Tibetans Formerly Residing In India, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Shelter From The Storm: An Analysis Of U.S. Refugee Law As Applied To Tibetans Formerly Residing In India, Eileen Kaufman Jul 2011

Shelter From The Storm: An Analysis Of U.S. Refugee Law As Applied To Tibetans Formerly Residing In India, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Employment Discrimination: Recent Developments In The Supreme Court (Symposium: The Supreme Court And Local Government Law, 1993-1994 Term), Eileen Kaufman Jul 2011

Employment Discrimination: Recent Developments In The Supreme Court (Symposium: The Supreme Court And Local Government Law, 1993-1994 Term), Eileen Kaufman

Eileen Kaufman

No abstract provided.


Discrimination Cases In The 2001 Term Of The Supreme Court (Symposium: The Fourteenth Annual Supreme Court Review), Eileen Kaufman Jul 2011

Discrimination Cases In The 2001 Term Of The Supreme Court (Symposium: The Fourteenth Annual Supreme Court Review), Eileen Kaufman

Eileen Kaufman

No abstract provided.


Discrimination Cases (The Supreme Court And Local Government Law: The 1995-1996 Term), Eileen Kaufman Jul 2011

Discrimination Cases (The Supreme Court And Local Government Law: The 1995-1996 Term), Eileen Kaufman

Eileen Kaufman

No abstract provided.


Lawyering Decisions—October 2009 Term, Eileen Kaufman Jul 2011

Lawyering Decisions—October 2009 Term, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts’ Equality Jurisprudence, Eileen Kaufman Jul 2011

Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts’ Equality Jurisprudence, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981(Eighteenth Annual Supreme Court Review), Eileen Kaufman Mar 2011

Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981(Eighteenth Annual Supreme Court Review), Eileen Kaufman

Eileen Kaufman

No abstract provided.


How Does The New York Constitution Compare To The U.S. Constitution? (Annual Issue On New York State Law: Trends And Developments), Eileen Kaufman, Leon Friedman Mar 2011

How Does The New York Constitution Compare To The U.S. Constitution? (Annual Issue On New York State Law: Trends And Developments), Eileen Kaufman, Leon Friedman

Eileen Kaufman

No abstract provided.


Employment Discrimination: Recent Developments In The Supreme Court (The Supreme Court And Local Government Law: The 1994-1995 Term), Eileen Kaufman Mar 2011

Employment Discrimination: Recent Developments In The Supreme Court (The Supreme Court And Local Government Law: The 1994-1995 Term), Eileen Kaufman

Eileen Kaufman

No abstract provided.


Discrimination Cases In The October 2004 Term, Eileen Kaufman Mar 2011

Discrimination Cases In The October 2004 Term, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Discrimination Cases In The Supreme Court's 1997 Term (The Supreme Court And State And Local Government Law: The 1997-1998 Term), Eileen Kaufman Mar 2011

Discrimination Cases In The Supreme Court's 1997 Term (The Supreme Court And State And Local Government Law: The 1997-1998 Term), Eileen Kaufman

Eileen Kaufman

No abstract provided.


Employment Discrimination And Presidential Immunity Cases, Eileen Kaufman Mar 2011

Employment Discrimination And Presidential Immunity Cases, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Punitive Damages--Developments In Section 1983 Cases, Eileen Kaufman, Martin A. Schwartz Mar 2011

Punitive Damages--Developments In Section 1983 Cases, Eileen Kaufman, Martin A. Schwartz

Eileen Kaufman

No abstract provided.


Discrimination Cases In The 2000 Term, Eileen Kaufman Mar 2011

Discrimination Cases In The 2000 Term, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Discrimination Cases Of The 2002 Term (Symposium: The Fifteenth Annual Supreme Court Review), Eileen Kaufman Mar 2011

Discrimination Cases Of The 2002 Term (Symposium: The Fifteenth Annual Supreme Court Review), Eileen Kaufman

Eileen Kaufman

No abstract provided.


Federal Governmental Power: Preemption From The October 2008 Term (Twenty-First Annual Supreme Court Review & Selected Excerpts: Practicing Law Institutes Twenty-Sixth Annual Section 1983 Civil Rights Litigation Program), Eileen Kaufman Mar 2011

Federal Governmental Power: Preemption From The October 2008 Term (Twenty-First Annual Supreme Court Review & Selected Excerpts: Practicing Law Institutes Twenty-Sixth Annual Section 1983 Civil Rights Litigation Program), Eileen Kaufman

Eileen Kaufman

No abstract provided.


Discrimination And Business Regulation (The Supreme Court And Local Government Law: The 1999-2000 Term), Eileen Kaufman Dec 2010

Discrimination And Business Regulation (The Supreme Court And Local Government Law: The 1999-2000 Term), Eileen Kaufman

Eileen Kaufman

No abstract provided.


Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman Dec 2010

Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman

Eileen Kaufman

No abstract provided.


Addendum: Civil Rights In Jeopardy, Martin A. Schwartz, Eileen Kaufman Dec 2010

Addendum: Civil Rights In Jeopardy, Martin A. Schwartz, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Civil Rights And Related Decisions, Eileen Kaufman Dec 2010

Civil Rights And Related Decisions, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Choosing The Insidious Path: West Virginia University Hospitals, Inc. V. Casey And The Importance Of Experts In Civil Rights Litigation, Eileen Kaufman Dec 2010

Choosing The Insidious Path: West Virginia University Hospitals, Inc. V. Casey And The Importance Of Experts In Civil Rights Litigation, Eileen Kaufman

Eileen Kaufman

No abstract provided.