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Full-Text Articles in Law

Your Right To Privacy: A Selective Bibliography, Sandra Klein Dec 2015

Your Right To Privacy: A Selective Bibliography, Sandra Klein

Sandra S. Klein

An awareness of relevant contemporary legal thought in the area of privacy is especially important today in light of what appears to be an increasing hostility to .the notion of individual privacy. The following bibliography considers privacy in terms of concept and application, and should prove useful to scholars, practitioners, and those seeking to gain more knowledge about this very important and complicated area of law.


Your Right To Privacy And The Aids Virus: A Selective Bibliography, Sandra Klein Dec 2015

Your Right To Privacy And The Aids Virus: A Selective Bibliography, Sandra Klein

Sandra S. Klein

The AIDS (Acquired Immune Deficiency Syndrome) virus has had a profound impact upon the lives of people everywhere. One aspect of this impact can be seen in the invasion into areas that had hitherto been believed by most to be private: sexual activity/preferences, medical records/testing, etc. An intensely personal and private tragedy has become, because of its nature~ a matter of public concern. The bibliography which follows addresses the privacy concerns of those infected with the AIDS virus.


Drug Testing/Use, Sandra Klein Dec 2015

Drug Testing/Use, Sandra Klein

Sandra S. Klein

Drug testing is one of the most controversial of recent privacy issues. The bibliography which follows provides the reader with access to a wide range of discussion on this topic which is, or should be, of interest to everyone. Whether in our private lives, or on the job, drug use and drug testing will have an impact on every one of us.


An Essay Challenging The Racially Biased Selection Of Arbitrators For Employment Discrimination Suits, Michael Z. Green Aug 2015

An Essay Challenging The Racially Biased Selection Of Arbitrators For Employment Discrimination Suits, Michael Z. Green

Michael Z. Green

Since 1991, employers have increasingly decided to require that employees agree to arbitrate statutory employment discrimination claims as a condition of employment. This Essay seeks to expose some of the potential discriminatory components that may arise in the arbitrator selection process while highlighting the lack of legal remedy for those who believe that employers, in conjunction with neutral service provders, have stacked the pool in favor of having arbitrators who tend to be older, white and male. The Essay suggests the use of 42 U.S.C. Section 1981 as a potential remedy and challenge to the dearth of arbitrators of color …


An Essay Challenging The Racially Biased Selection Of Arbitrators For Employment Discrimination Suits, Michael Z. Green Jul 2015

An Essay Challenging The Racially Biased Selection Of Arbitrators For Employment Discrimination Suits, Michael Z. Green

Michael Z. Green

Since 1991, employers have increasingly decided to require that employees agree to arbitrate statutory employment discrimination claims as a condition of employment. This Essay seeks to expose some of the potential discriminatory components that may arise in the arbitrator selection process while highlighting the lack of legal remedy for those who believe that employers, in conjunction with neutral service provders, have stacked the pool in favor of having arbitrators who tend to be older, white and male. The Essay suggests the use of 42 U.S.C. Section 1981 as a potential remedy and challenge to the dearth of arbitrators of color …


Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova Jun 2015

Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova

Saule T. Omarova

The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of …


Restraints Of Trade: The Legal Practice, Christopher Arup, Chris Dent, John Howe, William Van Caenegem Mar 2015

Restraints Of Trade: The Legal Practice, Christopher Arup, Chris Dent, John Howe, William Van Caenegem

William Van Caenegem

This article tests these common assertions against the evidence of the practice. We have gathered data about the legal practice around the state supreme courts. That data includes the legal principles, legal proceedings, cited decisions and legal commentaries. But the article goes beyond this book law to report the impressions and insights gained from a set of interviews with practitioners. These interviews provide a uniquely nuanced picture. They reveal that there are occasions of under-enforcement or genuine compromise. Overall, though, the momentum is with the employer and the practice is a daunting one for many employees to navigate. In this …


Disqualifiying Universality Under The Americans With Disabilities Act Amendments Act, Michelle Travis Dec 2014

Disqualifiying Universality Under The Americans With Disabilities Act Amendments Act, Michelle Travis

Michelle A. Travis

This Article reveals a new resistance strategy to disability rights in the workplace. The initial backlash against the Americans with Disabilities Act of 1990 (ADA) targeted protected class status by characterizing the ADA's accommodation mandate as special treatment that benefitted the disabled at the expense of the nondisabled workforce. As a result, federal courts treated the ADA as a welfare statute rather than a civil rights law, which resulted in the Supreme Court dramatically narrowing the definition of disability. Congress responded with sweeping amendments in 2008 to expand the class of individuals with disabilities who are entitled to accommodations and …


Acting White? Or Acting Affluent? A Book Review Of Acting White? Rethinking Race In "Post-Racial" America, Lisa Pruitt Dec 2014

Acting White? Or Acting Affluent? A Book Review Of Acting White? Rethinking Race In "Post-Racial" America, Lisa Pruitt

Lisa R Pruitt

Acting White? Rethinking Race in “Post-Racial” America (2013) is the latest installment in Devon Carbado and Mitu Gulati’s decade-plus collaboration regarding issues of race and employment. This review lauds the book’s comprehensive treatment of the double bind that racial minorities—especially blacks—experience within principally white institutions. In this volume, the authors expand on their prior employment-centered work to consider, for example, Barack and Michelle Obama’s presence on the national political stage, racial identity and performance in the context of higher education admissions, and racial profiling by law enforcement. With a focus on intra-racial diversity, Carbado and Gulati begin to gesture to …