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Articles 1 - 8 of 8

Full-Text Articles in Law

Section 6: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2002

Section 6: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


The Legal Frontiers Of Gender-Based Violence, Persecution, And Discrimination, Linda A. Malone Jul 2002

The Legal Frontiers Of Gender-Based Violence, Persecution, And Discrimination, Linda A. Malone

Popular Media

No abstract provided.


After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover Jul 2002

After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover

Faculty Publications

In this Article, Professor Grover argues that courts too readily allow employers to avoid vicarious liability far supervisors' unlawful sexual harassment of subordinates. The Article explores the breadth of the affirmative defense first introduced in the Supreme Court's 1998 cases of Faragher v. Boca Raton and Burlington Indus., Inc. v. Ellerth. That defense clears an employer of liability for a supervisor's unlawful sexual harassment if (a) the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer …


Habeas Review Of Perfunctory State Court Decisions On The Merits, Scott Dodson Apr 2002

Habeas Review Of Perfunctory State Court Decisions On The Merits, Scott Dodson

Faculty Publications

This article discusses the appropriate standard of review a federal habeas court should use to review a state-court determination of federal law unaccompanied by a federally-based rationale. In other words, what standard of review does the federal court employ when the state court’s opinion is wholly composed of the phrases: “The claims are without merit. Denied.”? The Supreme Court has not explicitly resolved the issue, and various federal judges around the country have reached different opinions. This article argues that a close scrutiny of the controlling habeas corpus statute, relevant case law, and policy considerations leads to the conclusion that …


Black Teachers And The Struggle For Racial Equality, Davison M. Douglas Apr 2002

Black Teachers And The Struggle For Racial Equality, Davison M. Douglas

Popular Media

No abstract provided.


An Equity Paradigm For Preventing Genetic Discrimination, Anita Silvers, Michael Ashley Stein Jan 2002

An Equity Paradigm For Preventing Genetic Discrimination, Anita Silvers, Michael Ashley Stein

Faculty Publications

No abstract provided.


Contract Rights And Civil Rights, Davison M. Douglas Jan 2002

Contract Rights And Civil Rights, Davison M. Douglas

Faculty Publications

No abstract provided.


Book Review Of Anti-Discrimination Law And The European Union, Michael Ashley Stein Jan 2002

Book Review Of Anti-Discrimination Law And The European Union, Michael Ashley Stein

Faculty Publications

No abstract provided.