Law Commons^™

Deference And Disability Discrimination, Rebecca H. White

Scholarly Works

In 1999, the question of deference to the EEOC grabbed the spotlight. It surfaced in a case that arose under the Americans with Disabilities Act of 1990 (the "ADA"), a relatively new, and sweeping, anti-discrimination law that prohibits workplace discrimination against qualified individuals with a disability. A difficult substantive question was presented: Is the determination of whether one has a disability within the meaning of the ADA to be made with or without regard to mitigating measures? Instinctively, either a "yes" or a "no" answer seems problematic. On the one hand, defining disability without regard to the corrective effects of ...

The Integration Game, Abraham Bell, Gideon Parchomovsky

Faculty Scholarship at Penn Law

No abstract provided.

Petition For A Writ Of Certiorari, Chris V. Tenet, No. 00-829 (U.S. Nov 16, 2000), David C. Vladeck

U.S. Supreme Court Briefs

No abstract provided.

Affirmative Actions, William W. Van Alstyne

Faculty Publications

Liberals and progressives have been slow to realize that their preferred vocabulary has been hijacked and that when they respond to once hallowed phrases they are responding to a ghost now animated by a new machme. The point is not a small one, for in any debate, especially one fought in the arena of public opinion, the battle is won not by knock-down arguments but by the party that succeeds in placing its own spin on the terms presiding over the discussion.

Angry White Males: The Equal Protection Clause And "Classes Of One", Timothy Zick

Faculty Publications

No abstract provided.

Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.

Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf

Cornell Law Faculty Publications

Prior to recent decades, the United States Supreme Court often invoked the political question doctrine to avoid deciding controversial questions of individual rights. By the 1970s and 1980s, standing limits traced to Article III’s case-or-controversy language had replaced the political question doctrine as the favored justiciability device. Although both political question and standing doctrines remain tools in the Court’s arsenal of threshold decision making,3 in the last decade the Court has turned with increasing frequency to the distinction between facial and as-applied challenges to perform the gatekeeping function. However, although there is a considerable body of scholarship ...

The Heterogeneity Of Rights, Michael C. Dorf

Cornell Law Faculty Publications

What is the implication for the validity of governmental rules of the conclusion that the rule interferes with a constitutional right? This question has implications for two important doctrinal puzzles. The first is the question when, if ever, a litigant has a constitutional right to an exemption from a generally valid rule of law. Many constitutional rights are rule-dependent in the sense that they protect actors against certain kinds of governmental rules rather than shielding acts against governmental interference. This Article denies the claim by scholars and judges that this rule-dependence reflects a deep truth about the nature of constitutional ...

Program: Ax Handle Saturday 40th Anniversary, August 26, 2000

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A program for the 40th anniversary of "Ax Handle" Saturday. August 26, 2000 at Hemming Plaza, Historic Snyder Memorial.

Writings: Program Presented In Balis Park, San Marco, Jacksonville Florida. In Celebration Of Women On August 26, 2000, Edna Louise Saffy

Saffy Collection - All Textual Materials

Speeches: Version of the program delivered on August 26, 2000 by Dr. Edna L. Saffy commemorating Women’s Equality Day, eighty years of woman’s suffrage and thirty years of the Jacksonville Women’s Movement.

Flyer: Commemorate The Women's Movement In Jacksonville, Edna Louise Saffy

Saffy Collection - All Textual Materials

Flyer for Women’s Equality Day program Balis Park in San Marco, Jacksonville, Florida August 26, 2000.

Program: A Commemoration Of Women's History Program August 26, 2000, Edna Louise Saffy

Saffy Collection - All Textual Materials

Women's Equality Day Eighty Years of Women's Suffrage Thirty Years of Jacksonville Women's Movement August 26, 2000 9 A.M. Includes program, and Procession of Honor to Mary Nolan’s grave. Program Committee: Karen Danko, Cathy Drompp, Pam Flynn, Sharon Laird, Edna Saffy, Judy Sheklin, Elizabeth Teague and Louise Stanton Warren.

“Gay Rights” For “Gay Whites”?: Race, Sexual Identity, And Equal Protection Discourse, Darren Lenard Hutchinson

UF Law Faculty Publications

While the resolution of the problem of gay and lesbian inequality will ultimately turn on a host of social, legal, political, and ideological variables, this Article argues that the success or failure of efforts to achieve legal equality for gays, lesbians, bisexuals, and transgendered individuals will depend in large part on how scholars and activists in this field address questions of racial identity and racial subjugation. Commonly, these scholars and activists currently discuss race by use of analogies between “racial discrimination” and “sexual orientation discrimination,” or between “people of color” and “gays and lesbians.” On one level, the “comparative approach ...

Book Review Of Communists On Campus: Race, Politics, And The Public University In Sixties North Carolina, William W. Van Alstyne

Popular Media

This review finds William Billingsley's work to be a detailed and well-organized account of the North Carolina speaker's ban. The book avoids over-generalization and a lack of focus by honing in on this one particular story and examining it in great detail, rather than trying to provide a broad overview of similar situations across the country.

Holocaust Deniers Can't Be Ignored: History: As Victims And Witnesses Of World War Ii Die Off, Revisionist Views Of The Nazi Horrors Could Gain Broader Acceptance, Kenneth Lasson

All Faculty Scholarship

On trial in an English courtroom, where British historian David Irving has sued American professor Deborah Lipstadt for defamation, is not only the scholars' reputations but history itself. Irving claims that he was libeled by Lipstadt's 1993 book, "Denying the Holocaust: The Growing Assault on Truth and Memory," in which she called him "one of the most dangerous of the `revisionists'" because, "familiar with historical evidence, he bends it until it conforms with his ideological leanings and political agenda." But under British law, the burden of proof in defamation is squarely on the defendant, thus making it necessary for ...

Privacy, Cyberspace, And Democracy: A Case Study, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

The Case Against Private Disparate Impact Suits, Thom Lambert

Faculty Publications

This article argues that the Third Circuit, and the courts that have implicitly approved private disparate impact suits, have erred in construing Title VI to permit private plaintiffs to sue federally funded entities for discrimination based on disparate impact alone. From a policy standpoint, permitting private disparate impact suits is a bad idea, for the threat of such suits will lead to deterrence of actions and decisions that have incidental disparate effects but are, on the whole, good.

A. Leon Higginbotham Jr.: Who Will Carry The Baton?, F. Michael Higginbotham, José F. Anderson

All Faculty Scholarship

It was a rainy November day during Thanksgiving weekend of 1997. The scene was the Washington, D.C., childhood home of Dr. Evelyn Brooks Higginbotham, A. Leon Higginbotham Jr.'s beloved wife. Our assignment was to assist in the removal, packing, and transport of a few prized family heirlooms that were to be taken to their home in Newton, Massachusetts.

On the early morning drive into Washington, D.C., our conversation was mostly idle chit-chat. Little did we know that the circumstances of the day would lead to an amazing set of discussions, the importance of which we could never ...

Interview With Alan M. Lerner, Lake Srinivasan, Alan M. Lerner, Legal Oral History Project, University Of Pennsylvania Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Alan M. Lerner (L '65) was a practice professor at the University of Pennsylvania Law School from 1993 until his death in 2010. He practiced and taught mainly in the areas of civil rights and family law.

Protecting The Sacred Sites Of Indigenous People In U.S. Courts: Reconciling Native American Religion And The Right To Exclude, Kevin J. Worthen

Faculty Scholarship

The key to understanding current U. S. caselaw concerning the protection of Native American sacred sites is arguably found in the dissenting opinion of an eighteen-year old case involving not religious freedom, not sacred sites, and not cultural heritage - but the right of Indian tribes to impose severance taxes on non-tribal members who extract oil and gas from tribal lands. In Merrion v. Jicarilla Apache Tribe, Justice Stevens refused to join the majority’s conclusion that the inherent sovereignty of the Jicarilla Apache Tribe included the power to impose such a tax. In his view, a tribe’s authority to ...

The Meritocracy Myth And The Illusion Of Equal Employment Opportunity, Anne Lawton

Faculty Publications

No abstract provided.

Diversity And The Boardroom, Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.

The New Cultural Diversity And Title Vii, Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.

Agency, Equality, And Antidiscrimination Law, Tracy E. Higgins, Laura A. Rosenbury

UF Law Faculty Publications

Some commentators, perhaps a minority, have argued that the Equal Protection Clause should be read to require the use of race-conscious policies when necessary to eradicate or remedy the most serious consequences of racial inequality. Others have argued that such policies, though not required, should be permitted when duly adopted by the majority of the populace to promote the interests of an historically oppressed minority. Still others, including now a majority of the Supreme Court, take the view that the Constitution forbids virtually all explicit uses of race by the state.

In this Essay, we do not enter this debate ...

Culture, Nationhood, And The Human Rights Ideal, Berta E. Hernández-Truyol, Sharon E. Rush

UF Law Faculty Publications

This paper was written as a part of a Symposium on Culture, Nation, and LatCrit (Latina/o Communities and Critical Race) Theory and focuses on the concept of voice and silence. Part I locates the works in the axis of silence and power. Part II explores how critical theory and international human rights norms can be used to develop a methodology to analyze and detect the exclusion or silencing of voices. A paradigm is developed that, by internationalizing voice, serves as a useful tool to explore power-based silencing. In Part III, the article illustrates how the proposed paradigm can focus ...

The Reasonable Woman And The "Warrior Code", Lyrissa Barnett Lidsky

UF Law Faculty Publications

In the provocative book A Law of Her Own: The Reasonable Woman as a Measure of Man, Caroline Forell and Donna Matthews argue that existing law systematically undervalues women's experiences of sexual harassment and sexual violence. In essence, the authors contend that law is a "warrior code" that is unduly forgiving of sexual aggression and violence, and they support this contention by showing how "male-centered values" permeate the law of sexual harassment, stalking, domestic violence, and rape. This critique alone would make this work worthy of serious consideration by anyone concerned with the law's treatment of women.

Still Unfair, Still Arbitrary - But Do We Care?, Samuel R. Gross

Other Publications

Welcome. It is a pleasure to see everybody at this bright and cheery hour of the morning. My assignment is to try to give an overview of the status of the death penalty in America at the beginning of the twenty-first century. I will try to put that in the context of how the death penalty was viewed thirty years ago, or more, and maybe that will tell us something about how the death penalty will be viewed thirty or forty years from now.

Linking The Visions, Christina B. Whitman

Other Publications

Professor Christina Whitman talks about her teaching and her work.

Health Care Divided: Race And Healing A Nation, Sidney D. Watson

All Faculty Scholarship

Race matters. Race—particularly racial segregation—casts a pervasive shadow over the organization of American health care. It influences the ownership and governance of institutional providers. It helps account for the high cost of health care in the United States. It contributes to America’s abysmal health status, among the worst of the industrialized world. It is reflected, in part, in the lack of national health insurance. So David Barton Smith begins this book, a book he describes as the story of “a divided nation, a divided health care system, and the uncompleted journey to heal both.”[1]

Most of ...