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Articles 1 - 30 of 38
Full-Text Articles in Law
Employment Discrimination And The Domino Effect, Laura T. Kessler
Employment Discrimination And The Domino Effect, Laura T. Kessler
Florida State University Law Review
Employment discrimination is a multidimensional problem. In many instances, some combination of employer bias, the organization of work, and employees’ responses to these conditions, leads to worker inequality. Title VII does not sufficiently account for these dynamics in two significant respects. First, Title VII’s major proof structures divide employment discrimination into discrete categories, for example, disparate treatment, disparate impact, and sexual harassment. This compartmentalization does not account for the fact that protected employees often concurrently experience more than one form of discriminatory exclusion. The various types of exclusion often add up to significant inequalities, even though seemingly insignificant when considered …
Relationship Status? It's Complicated: Redefining Sexuality In The Workplace In Light Of Obergefell And The Eeoc, Patrick Bailey
Relationship Status? It's Complicated: Redefining Sexuality In The Workplace In Light Of Obergefell And The Eeoc, Patrick Bailey
Florida State University Law Review
No abstract provided.
The Law Of Democracy At A Crossroads: Reflecting On Fifty Years Of Voting Rights And The Judicial Regulation Of The Political Thicket, Franita Tolson
The Law Of Democracy At A Crossroads: Reflecting On Fifty Years Of Voting Rights And The Judicial Regulation Of The Political Thicket, Franita Tolson
Florida State University Law Review
No abstract provided.
Race, Shelby County, And The Voter Information Verification Act In North Carolina, Michael D. Herron, Daniel A. Smith
Race, Shelby County, And The Voter Information Verification Act In North Carolina, Michael D. Herron, Daniel A. Smith
Florida State University Law Review
Shortly after the Supreme Court in Shelby County v. Holder struck down section 4(b) of the Voting Rights Act (VRA), the State of North Carolina enacted an omnibus piece of election- reform legislation known as the Voter Information Verification Act (VIVA). Prior to Shelby, portions of North Carolina were covered jurisdictions per the VRA’s sections 4 and 5—meaning that they had to seek federal preclearance for changes to their election procedures— and this motivates our assessment of whether VIVA’s many alterations to North Carolina’s election procedures are race-neutral. We show that in presidential elections in North Carolina black early voters …
Rescuing Retrogression, Michael J. Pitts
Rescuing Retrogression, Michael J. Pitts
Florida State University Law Review
No abstract provided.
Voting Is Association, Daniel P. Tokaji
Voting Is Association, Daniel P. Tokaji
Florida State University Law Review
No abstract provided.
Quick And Dirty: The New Misreading Of The Voting Rights Act, Justin Levitt
Quick And Dirty: The New Misreading Of The Voting Rights Act, Justin Levitt
Florida State University Law Review
The role of race in the apportionment of political power is one of the thorniest problems at the heart of American democracy, and reappears with dogged consistency on the docket of the Supreme Court. Most recently, the Court resolved a case from Alabama involving the Voting Rights Act and the appropriate use of race in redistricting. But though the Court correctly decided the narrow issue before it, the litigation posture of the case hid the fact that Alabama is part of a disturbing pattern. Jurisdictions like Alabama have been applying not the Voting Rights Act, but a ham-handed cartoon of …
The Nineteenth Amendment Enforcement Power (But First, Which One Is The Nineteenth Amendment, Again?), Steve Kolbert
The Nineteenth Amendment Enforcement Power (But First, Which One Is The Nineteenth Amendment, Again?), Steve Kolbert
Florida State University Law Review
No abstract provided.
Presidential Control Across Policymaking Tools, Catherine Y. Kim
Presidential Control Across Policymaking Tools, Catherine Y. Kim
Florida State University Law Review
Over the past quarter century, administrative law scholars have observed the President’s growing control over agency policymaking and the separation-of-powers concerns implicated by such unilateral exercises of power. The paradigmatic form of agency policymaking—notice-and-comment rulemaking—mitigates these concerns by ensuring considerable oversight by the courts, Congress, and the public at large. Agencies, however, typically have at their disposal a variety of policymaking tools with which to implement White House goals, including the issuance of guidance documents and the strategic exercise of enforcement discretion. While commentators have drawn attention to the risk that agencies will circumvent the extensive checks associated with rulemaking …
Law And Economic Exploitation In An Anti-Classification Age, Hila Keren
Law And Economic Exploitation In An Anti-Classification Age, Hila Keren
Florida State University Law Review
Does our legal system permit the economic exploitation of extreme vulnerability? Focusing on predatory housing loans—a thriving business at the dawn of the twenty-first century—this Article argues that the answer in most cases is yes. Under an individualistic neoliberal paradigm, borrowers are held liable for their contracts, even if they were targeted with predatory practices. Further, borrowers’ attempts to resort to antidiscrimination law, and frame their exploitation as “reverse redlining,” have offered no real answer. An important yet undertheorized explanation for this problem is the impact of the Supreme Court’s anti-classification jurisprudence on lower courts. In an anti-classification age, even …
Non-Marital Families And (Or After?) Marriage Equality, Deborah A. Widniss
Non-Marital Families And (Or After?) Marriage Equality, Deborah A. Widniss
Florida State University Law Review
If, as is widely expected, the Supreme Court soon holds that bans on same-sex marriage are unconstitutional, it is almost certain that the decision will rely heavily on the Court’s reasoning in United States v. Windsor. I strongly support marriage equality. However, a decision that amplifies Windsor’s conception of the harm caused by exclusionary marriage rules could set back efforts to secure legal recognition of, and respect for, non-marital families. That is, Windsor rectified a deep inequality in the law—that same-sex marriages were categorically denied federal recognition—but in so doing it embraced a traditional understanding of marriage as superior to …
The New Racial Justice: Moving Beyond The Equal Protection Clause To Achieve Equal Protection, Emily Chiang
The New Racial Justice: Moving Beyond The Equal Protection Clause To Achieve Equal Protection, Emily Chiang
Florida State University Law Review
Since handing down Washington v. Davis and Arlington Heights v. Metropolitan Housing Development, the United States Supreme Court has significantly curtailed the ability of plaintiffs to bring disparate impact claims under the Equal Protection Clause. Many academics continue to talk about the standards governing intent and disparate impact. Some recent scholarship recognizes that reformers on the ground have shifted away from equality-based claims altogether. This Article contends that civil rights advocates replaced the old equal protection framework some time ago and that they did so deliberately and with great success. It expands upon and refines the strategy shift some …
Are State-Supported Historically Black Colleges And Universities Justifiable After Fordice?—A Higher Education Dilemma, John A. Moore
Are State-Supported Historically Black Colleges And Universities Justifiable After Fordice?—A Higher Education Dilemma, John A. Moore
Florida State University Law Review
No abstract provided.
Casey's Case: Taking A Slice Out Of The Pga Tour's No-Cart Policy, Tanya R. Sharpe
Casey's Case: Taking A Slice Out Of The Pga Tour's No-Cart Policy, Tanya R. Sharpe
Florida State University Law Review
No abstract provided.
Status Rules: Doctrine As Discrimination In A Post-Hicks Enivronment, Ruth Gana Okedji
Status Rules: Doctrine As Discrimination In A Post-Hicks Enivronment, Ruth Gana Okedji
Florida State University Law Review
No abstract provided.
Rosa Parks: Foremother & Heroine Teaching Civility & Offering A Vision For A Better Tomorrow, A. Leon Higginbotham, Jr.
Rosa Parks: Foremother & Heroine Teaching Civility & Offering A Vision For A Better Tomorrow, A. Leon Higginbotham, Jr.
Florida State University Law Review
No abstract provided.
Beyond Black Demons & White Devils: Antiblack Conspiracy Theorizing & The Black Public Sphere, Regina Austin
Beyond Black Demons & White Devils: Antiblack Conspiracy Theorizing & The Black Public Sphere, Regina Austin
Florida State University Law Review
No abstract provided.
House Bill 591: Florida Compensates Rosewood Victims And Their Families For A Seventy-One-Year-Old Injury, C. Jeanne Bassett
House Bill 591: Florida Compensates Rosewood Victims And Their Families For A Seventy-One-Year-Old Injury, C. Jeanne Bassett
Florida State University Law Review
No abstract provided.
Introduction To The Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Study Commission, Leander J. Shaw, Jr.
Introduction To The Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Study Commission, Leander J. Shaw, Jr.
Florida State University Law Review
No abstract provided.
Law Enforcement And Racial And Ethnic Bias, Daniel E. Georges-Abeyie
Law Enforcement And Racial And Ethnic Bias, Daniel E. Georges-Abeyie
Florida State University Law Review
No abstract provided.
Addendum To The Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Study Commission, Florida Supreme Court Racial And Ethnnic Bias Study Commission
Addendum To The Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Study Commission, Florida Supreme Court Racial And Ethnnic Bias Study Commission
Florida State University Law Review
No abstract provided.
The Bench And The Ballot: Applying The Protections Of The Voting Rights Act To Judicial Elections, Brenda Wright
The Bench And The Ballot: Applying The Protections Of The Voting Rights Act To Judicial Elections, Brenda Wright
Florida State University Law Review
No abstract provided.
Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Commission, Florida Supreme Court Racial And Ethnnic Bias Study Commission
Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Commission, Florida Supreme Court Racial And Ethnnic Bias Study Commission
Florida State University Law Review
No abstract provided.
Reforming Florida's Juvenile Justice System: A Case Example Of Bobby M. V. Chiles, Jodi Siegel
Reforming Florida's Juvenile Justice System: A Case Example Of Bobby M. V. Chiles, Jodi Siegel
Florida State University Law Review
No abstract provided.
Florida's Involuntary Aids Testing Statutes, Robert Craig Waters
Florida's Involuntary Aids Testing Statutes, Robert Craig Waters
Florida State University Law Review
No abstract provided.
Partisan Gerrymandering: A New Concept For Florida's 1992 Reapportionment, Bill L. Bryant, Katherine E. Giddings, Mark E. Kaplan
Partisan Gerrymandering: A New Concept For Florida's 1992 Reapportionment, Bill L. Bryant, Katherine E. Giddings, Mark E. Kaplan
Florida State University Law Review
No abstract provided.
Gender And Other Disadvantages: A Review Of Justice And Gender, Ruthann Robson
Gender And Other Disadvantages: A Review Of Justice And Gender, Ruthann Robson
Florida State University Law Review
By Deborah L. Rhode. Cambridge, Massachusetts: Harvard University Press. 1989. Pp. 428. $39.50.
Despair And Disparity In Florida's Prisons And Jails, Leslei G. Street
Despair And Disparity In Florida's Prisons And Jails, Leslei G. Street
Florida State University Law Review
No abstract provided.
Aids And The Perception Of Aids As Handicaps Under Florida Law, Robert Craig Waters
Aids And The Perception Of Aids As Handicaps Under Florida Law, Robert Craig Waters
Florida State University Law Review
Until 1989, many questions remained unanswered about the extent of protection afforded by Florida's numerous handicap discrimination laws for those with symptomless infection of the AIDS virus or those perceived as having such an infection. The 1989 Florida Legislature settled these questions by declaring that having the infection and being perceived as infected fall within the protection of these statutes. As a rationale, the Legislature adopted an express statement of intent that found all forms of AIDS-related discrimination irrational, scientifically unfounded, and detrimental to society as a whole. This Article explores the sweeping implications of these legislative determinations.
Teeth For A Paper Tiger: A Proposal To Add Enforceability To Florida's Hate Crimes Act, Marc L. Fleischauer
Teeth For A Paper Tiger: A Proposal To Add Enforceability To Florida's Hate Crimes Act, Marc L. Fleischauer
Florida State University Law Review
No abstract provided.