Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Brussels Regulation (1)
- Class Action (1)
- Clearinghouses (1)
- Comparative Law (1)
- Consent (1)
-
- Decrees (1)
- Employment discrimination law (1)
- Employment law (1)
- Equal Employment Opportunity Commission (1)
- Exclusion (1)
- F-cubed (1)
- Humiliation (1)
- Injunctive orders (1)
- International Law (1)
- Intimidation (1)
- Judicial decision-making (1)
- Jurisprudence (1)
- Language and law (1)
- Obscurity (1)
- Preclusion (1)
- Racial discrimination (1)
- Racial harassment (1)
- Racism (1)
- Recognition (1)
- Regulation (1)
- Remedies (1)
- Research (1)
- Settlement agreements (1)
- Subtle bias (1)
- Transnational (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Fresh Look At Punitive Damages, Richard Henry Seamon
Seeing Subtle Racism, Pat K. Chew
Seeing Subtle Racism, Pat K. Chew
Articles
Traditional employment discrimination law does not offer remedies for subtle bias in the workplace. For instance, in empirical studies of racial harassment cases, plaintiffs are much more likely to be successful if they claim egregious and blatant racist incidents rather than more subtle examples of racial intimidation, humiliation, or exclusion. But some groundbreaking jurists are cognizant of the reality and harm of subtle bias - and are acknowledging them in their analysis in racial harassment cases. While not yet widely recognized, the jurists are nonetheless creating important precedents for a re-interpretation of racial harassment jurisprudence, and by extension, employment discrimination …
Transnational Class Actions And Interjurisdictional Preclusion, Rhonda Wasserman
Transnational Class Actions And Interjurisdictional Preclusion, Rhonda Wasserman
Articles
As global markets expand and trans-border disputes multiply, American courts are pressed to certify transnational class actions -- i.e., class actions brought on behalf of large numbers of foreign citizens or against foreign defendants. While the Supreme Court's recent decision in Morrison v. National Australia Bank Ltd. is likely to reduce the number of "foreign-cubed" or "f-cubed" securities fraud class actions filed in the United States (at least in the short term), it is unlikely to inhibit the filing of transnational class actions involving securities listed on domestic stock exchanges, transnational class actions raising claims that arise under federal laws …
Against Secret Regulation: Why And How We Should End The Practical Obscurity Of Injunctions And Consent Decrees (Symposium: Rising Stars: A New Generation Of Scholars Looks At Civil Justice), Margo Schlanger
Articles
Every year, federal and state courts put in place orders that regulate the prospective operations of certainly hundreds and probably thousands of large government and private enterprises. Injunctions and injunction-like settlement agreements-whether styled consent decrees, settlements, conditional dismissals, or some other more creative title-bind the activities of employers, polluters, competitors, lenders, creditors, property holders, schools, housing authorities, police departments, jails, prisons, nursing homes, and many others. The types of law underlying these cases multiply just as readily: consumer lending, environmental, employment, anti-discrimination, education, constitutional, and so on. Injunctive orders, whether reached by litigation or on consent, suffuse the regulatory environment, …