Law Commons^™

Modern Discrimination Theory And The National Labor Relations Act, Rebecca H. White

Scholarly Works

This Article explores the concept of discrimination under the NLRA [National Labor Relations Act]. Specifically, it examines discrimination under the statute through the lens of Title VII, an approach that brings a fresh perspective to doctrine long considered settled. The purpose of this comparison is to explore the extent to which Title VII's discrimination concepts make sense under the NLRA. This analysis focuses on three specific areas. First, it examines discrimination cases under section 8(a)(1), concluding that the lower courts are wrong to apply Title VII concepts and to insist that without disparate treatment of union activities, no unlawful discrimination …

The Origins Of The Code Noir Revisited, Alan Watson

Scholarly Works

In a recent article, The Origins and Authors of the Code Noir, my friend Vernon Palmer graciously and courteously took me to task for claiming that the law in the Code Noir was not made "on the spot" in the Antilles, but in Paris. He also said of me and of Hans Baade, "neither author appears to have investigated the actual circumstances of the Code's redaction." I can speak only for myself, and I confess with shame that Professor Palmer is quite correct. I did not investigate the actual circumstances of the redaction of the Code Noir. And I should …

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

Scholarly Works

No abstract provided.

The Emerging Cronyism Defense And Affirmative Action: A Critical Perspective On The Distinction Between Colorblind And Race-Conscious Decision Making Under Title Vii, Ann C. Mcginley

Scholarly Works

In Foster v. Dalton, the United States Supreme Court approved of the promotion of a less-qualified white male over a better-qualified black female under very suspicious circumstances; in Taxman v. Board of Education, the court invalidated the retention of an equally qualified black female over her white counterpart. The law justifies the disparate results in Foster and Taxman by invoking the principle of race and gender “neutrality” in the decision making process. Under this principle, the law generally prohibits employment determinations based consciously on a person's race or gender. An exception to the “neutrality principle” of Title VII is the …

Rights Of Slaves And Other Owned-Animals, Alan Watson

Scholarly Works

Part of a number of essays which follow are written by experts from various interdisciplinary fields at the request of Animal Law.

I chose the title with deliberation. My concern in this paper is not with moral theory, but with the law that has given rights to owned-animals, and the extent to which these rights have been enforced.

I believe that there is a three-fold hierarchy as to the extent of these rights in accordance with the animal that is their object. At the top of the hierarchy are rights accorded to slaves under a legal system that is not …