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Series

1998

Labor and Employment Law

Supreme Court

Articles 1 - 2 of 2

Full-Text Articles in Law

Board Of Education V. Taxman: The Unpublished Opinions, Ann C. Mcginley, Michael J. Yelnosky Jan 1998

Board Of Education V. Taxman: The Unpublished Opinions, Ann C. Mcginley, Michael J. Yelnosky

Scholarly Works

On June 27, 1997 the United States Supreme Court granted certiorari in Board of Education v. Taxman to review a judgment of the United States Court of Appeals for the Third Circuit. That court had ruled, en banc, that the school board in Piscataway, New Jersey violated Title VII when it chose to lay off Sharon Taxman, a teacher at Piscataway High School, rather than Debra Williams, her colleague. Taxman quickly became the most anticipated decision of the Term. However, the case settled in November 1997 before argument, so the issues it raised are unresolved. Taxman quickly became the most …


Affirmative Action Awash In Confusion: Backward-Looking-Future-Oriented Justifications For Race-Conscious Measures, Ann C. Mcginley Jan 1998

Affirmative Action Awash In Confusion: Backward-Looking-Future-Oriented Justifications For Race-Conscious Measures, Ann C. Mcginley

Scholarly Works

The Third Circuit Court of Appeals, sitting en banc, decided Taxman v. Board of Education of the Township of Piscataway, in August 1996. Eight judges agreed that he Board of Education of Piscataway Township, New Jersey violated Title VII of the Civil Rights Act by using race, in accordance with its affirmative action policy, to break a tie between two teachers in the Business Department at Piscataway High School when determining which teacher to lay off. A strong dissent by Chief Judge Sloviter was joined by two other Court of Appeals judges. The majority decision is remarkable in its breadth, …