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Articles 1 - 11 of 11

Full-Text Articles in Law

A Critical Jeffersonian Mind For A Community Reinvestment Bind, Chaz D. Brooks Mar 2022

A Critical Jeffersonian Mind For A Community Reinvestment Bind, Chaz D. Brooks

Marquette Benefits and Social Welfare Law Review

The Community Reinvestment Act of 1977 ("CRA") primarily sought to remedy decades of government sanctioned disinvestment in so-called “redlined communities.” Through the Home Owners’ Loan Corporation and later the Federal Housing Administration, the United States of America created from whole cloth a structure that encouraged and subsidized the explosion of homeownership in white American households. Following decades of racialized wealth generation, the United States had a change of heart. Congress determined that financiers needed a gentle push to invest fairly. Additionally, Congress wanted one thing clear in the drafting of this remedy— it must not allocate credit. This essay considers …


Protecting Our Protectors: Why Title Vii Should Apply To The Uniformed Military Following The Supreme Court's Decision In Bostock V. Clayton County, Jonathan A. D'Orazio, Jd Candidate, 2022 Jan 2021

Protecting Our Protectors: Why Title Vii Should Apply To The Uniformed Military Following The Supreme Court's Decision In Bostock V. Clayton County, Jonathan A. D'Orazio, Jd Candidate, 2022

Marquette Benefits and Social Welfare Law Review

This Note argues that Title VII should apply to uniformed military members following the Supreme Court’s decision in Bostock v. Clayton County, 140 S. Ct. 1731 (2020). Foremost, the current intra‑military remedies uniformed military members may bring a discrimination claim pursuant fail to effectively combat discrimination in the United States military due to several critical deficiencies. This Note demonstrates that the defects within the current intra‑military remedies tacitly permit, rather than discourage, discriminatory conduct.

This Note then examines why the military has historically resisted civilian reform measures to the military justice system. During this examination, this Note argues that …


You Catch More Flies With Honey: Reevaluating The Erroneous Premises Of The Military Exception To Title Vii, Craig Westergard Jan 2019

You Catch More Flies With Honey: Reevaluating The Erroneous Premises Of The Military Exception To Title Vii, Craig Westergard

Marquette Benefits and Social Welfare Law Review

Discrimination is a problem in the military. Though Title VII of the Civil Rights Act prohibits employment discrimination in the “military departments,” courts have held that the statute does not apply to members of the military. The primary justification for this judge-made exception is that Title VII suits might have an adverse effect on military discipline. In their haste to condemn suits for military discrimination, however, courts tend to overlook the negative effects discrimination has on discipline, as well as the positive effects of diversity. This Note calls upon Congress to abrogate the military exception to Title VII; in the …


Foreward: Wedding Cakes, Religion, And Sexual Orientation Discrimination, Paul M. Secunda Jan 2018

Foreward: Wedding Cakes, Religion, And Sexual Orientation Discrimination, Paul M. Secunda

Marquette Benefits and Social Welfare Law Review

No abstract provided.


No Cake For You: Discrimination, Dignity, And Refusals To Serve, William D. Araiza Jan 2018

No Cake For You: Discrimination, Dignity, And Refusals To Serve, William D. Araiza

Marquette Benefits and Social Welfare Law Review

No abstract provided.


The Growing Gender/Religion Divide, Marcia L. Mccormick Jan 2018

The Growing Gender/Religion Divide, Marcia L. Mccormick

Marquette Benefits and Social Welfare Law Review

No abstract provided.


An Intersectional Approach To Homelessness: Discrimination And Criminalization Oct 2017

An Intersectional Approach To Homelessness: Discrimination And Criminalization

Marquette Benefits and Social Welfare Law Review

The purpose of this essay is to address discrimination against homeless people. First of all, the theory of intersectionality will be explained and then applied as a method of analysis. The complexity of defining homelessness will be tackled, focusing on the difficulties encountered when approaching this concept. I will discuss notions of protected ground and immutability of personal characteristics, then outline an intersectional approach to homelessness. Intersectional discrimination has not yet been applied by many courts and tribunals, but Canada has proven to be a vanguard in this area. For this reason, Canadian case law has been chosen as the …


Intersectional Complications Of Healthism Mar 2017

Intersectional Complications Of Healthism

Marquette Benefits and Social Welfare Law Review

None


Tobacco Denormalization, Anti-Healthism, And Health Justice Mar 2017

Tobacco Denormalization, Anti-Healthism, And Health Justice

Marquette Benefits and Social Welfare Law Review

None


Introduction: Four Views On Healthism Jan 2017

Introduction: Four Views On Healthism

Marquette Benefits and Social Welfare Law Review

None


Essay: A Positive Perspective On Regulation Of The Workplace Relationship, Dana M. Muir Jan 2015

Essay: A Positive Perspective On Regulation Of The Workplace Relationship, Dana M. Muir

Marquette Benefits and Social Welfare Law Review

Positive Organizational Scholarship studies how business organizations and their employees excel and thrive. It takes the opposite perspective from the traditional organizational research that examines negative deviance and how that deviance inhibits organizational performance. Like traditional organizational scholars, legal scholars (as well as lawyers, legislators, judges, and regulators) typically focus on problems. Examples abound in the field of employment law. For example, to what extent does employment discrimination still exist and how can it be eliminated? And, what constraints prevent Americans from achieving retirement security and how can those constraints be eliminated? This Essay proposes that we examine the Positive …