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Articles 1 - 6 of 6
Full-Text Articles in Law
Reinventing The Eeoc, Nancy M. Modesitt
Reinventing The Eeoc, Nancy M. Modesitt
All Faculty Scholarship
The Equal Employment Opportunity Commission (EEOC) has struggled to be a meaningful force in eradicating employment discrimination since its inception. The primary reasons for this are structural in nature. The EEOC was designed to react to discrimination complaints by investigating and conciliating all of the thousands of complaints filed annually. The EEOC has never been able to investigate all these complaints despite using the vast majority of its resources attempting to do so. The devotion of resources to managing and investigating the huge volume of complaints prevents the EEOC from taking more effective steps to eliminate discrimination. This article proposes …
Addressing Truancy Is A Complex Challenge, Barbara A. Babb, Gloria Danziger
Addressing Truancy Is A Complex Challenge, Barbara A. Babb, Gloria Danziger
All Faculty Scholarship
No abstract provided.
Astrachan And Easton: Fight Wikileaks Case In Court, Not In Cyberspace, James B. Astrachan, Eric Easton
Astrachan And Easton: Fight Wikileaks Case In Court, Not In Cyberspace, James B. Astrachan, Eric Easton
All Faculty Scholarship
No abstract provided.
Sex Representation On The Bench: Legitimacy And International Criminal Courts, Nienke Grossman
Sex Representation On The Bench: Legitimacy And International Criminal Courts, Nienke Grossman
All Faculty Scholarship
This essay examines the relationship between legitimacy and the presence of both male and female judges on international criminal court benches. It argues that sex representation – an approximate reflection of the ratio of the sexes in the general population – on the bench is an important contributor to legitimacy of international criminal courts. First, it proposes that sex representation affects normative legitimacy because men and women bring different perspectives to judging. Consequently, without both sexes, adjudication is inherently biased. Second, even if one rejects the proposition that men and women "think differently", sex representation affects sociological legitimacy because sex …
Cost And Fee Allocation In Civil Procedure, James Maxeiner
Cost And Fee Allocation In Civil Procedure, James Maxeiner
All Faculty Scholarship
Court costs in American civil procedure are allocated to the loser ("loser pays") as elsewhere in the civilized world. As Theodor Sedgwick, America's first expert on damages opined, it is matter of inherent justice that the party found in the wrong should indemnify the party in the right for the expenses of litigation. Yet attorneys' fees are not allocated this way in the United States: they are allowed to fall on the party that incurs them (the ''American rule," better, the American practice). According to Albert Ehrenzweig, Austrian judge, emigre and then prominent American law professor, the American practice is …
Book Review: The Sword And The Scales: The United States And International Courts And Tribunals, Nienke Grossman
Book Review: The Sword And The Scales: The United States And International Courts And Tribunals, Nienke Grossman
All Faculty Scholarship
This is a book review of "The Sword and the Scales: The United States and International Courts and Tribunals," edited by Cesare P. R. Romano (Cambridge Univ. Press, 2010). The book provides in-depth analysis of the relationship between the United States and various of the world's most important international courts and tribunals. The review was written for a forthcoming issue of Climate Law.