Law Commons^™

Pretext Or Pretext-Plus: What Must A Plaintiff Prove To Win A Title Vii Lawsuit? An Analysis Of St. Mary's Honor Center V. Hicks, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case St. Mary's Honor Center v. Hicks, 509 U.S. 502 (1993). The author expected the Court to address whether, in the context of an employment discrimination case under Title VII of the Civil Rights Act of 1964, a plaintiff should prevail upon proof that the legitimate, non-discriminatory reasons advanced by the defendant as its motives for an adverse employment action are pretextural.

Erastian And Sectarian Arguments In Religiously Affiliated American Law Schools, Thomas L. Shaffer

Journal Articles

The legal education establishment in the United States some time ago gave up discouraging religiously affiliated law schools. Its support for them now, however, is conditioned on their approaching religious affiliation in a manner that is seen as consistent with the dominant American attitude toward religion—that religion is a private affair and that public moral issues, including issues of jurisprudence and professional ethics, are secular issues, to be talked about in secular language, pursuant to secular principles, and in a secular style.

I begin here by considering the requirement of the American Bar Association, in its Standards for the Approval …

Is The New York Times "Actual Malice" Standard Really Necessary? A Comparative Perspective, Geoffrey Bennett, Russell L. Weaver

Journal Articles

In New York Times Co. v. Sullivan, the United States Supreme Court extended First Amendment guarantees to defamation actions. Many greeted the Court's decision with joy. After the decision, many years elapsed during which "there were virtually no recoveries by public officials in libel actions."

The most important component of the New York Times decision was its "actual malice" standard. This standard provided that, in order to recover against a media defendant, a public official must demonstrate that the defendant acted with "malice." In other words, the official must show that the defendant knew that the defamatory statement was false …

How I Changed My Mind, Thomas L. Shaffer

Journal Articles

My own changes of mind are not unique. I am one of a small group of law teachers who have, over the last thirty years, become clearer in formulating an Hebraic legal ethic. We are a minority who have become bolder. We owe such courage as we have located for that to modern pioneers, most notably Harold Berman, and, more lately, Emily Hartigan. What has changed most for us has been the clarity of our public witness; the substance all along has been old-time religion. When I say "clarity" I mean that we have come to see this substance in …

The Extraterritorial Application Of Antitrust Laws: A Postscript On Hartford Fire Insurance Co. V. California, Roger P. Alford

Journal Articles

Last year in the pages of this journal I published an article comparing the United States and the European Union (E.U.) approaches to the extraterritorial application of antitrust laws. In discussing the U.S. approach, I predicted that "while the jurisdictional rule of reason has its weaknesses, it will remain a lasting fixture on the legal landscape precisely because it represents the only genuine, though inexact, attempt by courts to fashion a jurisdictional test which incorporates the legitimate sovereignty interests of foreign nations." Thus, it was with disappointment that I, along with other proponents of a jurisdictional rule of reason, received …

Wake The Nation: Law Student Insights Into The New Jerusalem, Thomas L. Shaffer, Anthony J. Fejfar

Journal Articles

Mike Nichols's 1988 movie Working Girl gave Melanie Griffith "a star-making showcase" for her talents; it gave Harrison Ford a chance to show that he could play light comedy; and its theme song, Let the River Run, won an Academy Award for Carly Simon. After watching and discussing the movie with groups of law students from our respective universities, we noticed that both the movie and the song make a religious claim, one that we take seriously.

Cataloging Reform: An Overview For Academic Law Librarians, Joseph W. Thomas

Journal Articles

Mr. Thomas explains the issues involved in cataloging reform and suggest methods for streamlining procedures without destroying quality, with particular reference to academic law libraries.