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Full-Text Articles in Law

To Confront Or Not To Confront: Measuring Claiming Rates In Discrimination Grievances, Neil Vidmar, Herbert M. Kritzer, W. A. Bogart Jan 1991

To Confront Or Not To Confront: Measuring Claiming Rates In Discrimination Grievances, Neil Vidmar, Herbert M. Kritzer, W. A. Bogart

Faculty Scholarship

This note reexamines the generally accepted belief that persons with discrimination-related grievances are much less likely to complain about their problem than are persons with grievances arising from consumer purchases, torts, or other common kinds of personal problems. We find that previously reported analyses greatly overstate the gap between complaining in discrimination problems and other kinds of problems. Drawing on data from three surveys, each conducted in a different country (the United States, Canada, and Australia), we find that for some types of discrimination problems the level of complaining in fact equals or exceeds complaining in other arenas.


Fetal Protection And Employment Discrimination - The Johnson Controls Case, George J. Annas Jan 1991

Fetal Protection And Employment Discrimination - The Johnson Controls Case, George J. Annas

Faculty Scholarship

Employers have historically limited women's access to traditionally male, high-paying jobs. In one famous case early in this century, the U.S. Supreme Court upheld an Oregon law that forbade hiring women for jobs that required more than 10 hours of work a day in factories. The Chief Justice explained that this restriction was reasonable because "healthy mothers are essential to vigorous offspring" and preserving the physical well-being of women helps "preserve the strength and vigor of the race." This rationale was never particularly persuasive, and women's hours have not been limited in traditionally female, low-paid fields of employment, such as …


Employer Sanctions And Discrimination: The Case For Repeal Of The Employer Sanctions Provisions Of The Immigration Reform And Control Act Of 1986, Aaron Schwabach Jan 1991

Employer Sanctions And Discrimination: The Case For Repeal Of The Employer Sanctions Provisions Of The Immigration Reform And Control Act Of 1986, Aaron Schwabach

Faculty Scholarship

No abstract provided.


Feminist Jurisprudence: Why Law Must Consider Women's Perspectives, Ann Juergens Jan 1991

Feminist Jurisprudence: Why Law Must Consider Women's Perspectives, Ann Juergens

Faculty Scholarship

A growing number of scholars are asking how the law would be different if it took women's points of view and experiences into account. Feminist Jurisprudence argues that we must look at the norms embedded in our legal system and rethink the law. It is about being inclusive of women, and of all people who differ from the norms of the law as it is today. The endeavor will necessarily shake up established relations between family, the workplace and the state. Lawyers, judges, and legislators should get ready for the changes.