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Articles 1 - 19 of 19
Full-Text Articles in Law
When Different Means The Same: Applying A Different Standard Of Proof To White Plaintiffs Under The Mcdonnell Douglas Prima Facie Case Test, Angela Onwuachi-Willig
When Different Means The Same: Applying A Different Standard Of Proof To White Plaintiffs Under The Mcdonnell Douglas Prima Facie Case Test, Angela Onwuachi-Willig
Faculty Scholarship
The idea that Whites, in particular white males, are the new victims of discrimination is steadily gaining acceptance among white Americans. While only 16 percent of white individuals claim to know someone who has been the victim of reverse discrimination, more than 70 percent of Whites are convinced that reverse discrimination is a rampant problem. Additionally, although reverse discrimination cases generally constitute a small percentage of filed discrimination cases, usually about 1 to 3 percent, that number is beginning to grow. In particular, the percentage of reverse discrimination claims brought by federal workers, the very workers for whom affirmative action …
There's Nothing Special About Sex: The Supreme Court Mainstreams Sexual Harassment, Rebecca White
There's Nothing Special About Sex: The Supreme Court Mainstreams Sexual Harassment, Rebecca White
Scholarly Works
In this Essay, Professor White argues that the Supreme Court finally has merged analysis of sexual harassment law with other claims of intentional discrimination. Professor White contends that the Court's decision in Meritor Savings Bank, FSB v. Vinson created confusion over the proper analysis of sexual harassment claims by seemingly embracing quid pro quo and hostile work environment theories as distinct forms of discrimination and by suggesting that at least some sexual harassment claims may warrant a revised approach to employer liability. In the wake of Meritor, sexual harassment claims increasingly were evaluated differently from other claims of disparate treatment, …
The Verdict On Roberts V. Texaco, Angela Onwuachi-Willig
The Verdict On Roberts V. Texaco, Angela Onwuachi-Willig
Faculty Scholarship
When I first heard that Bari-Ellen Roberts had written a book about the race discrimination lawsuit against Texaco, I was ecstatic. I was eager to read about the legal strategies that had resulted in the highest settlement award ever given in a class action race discrimination lawsuit. After reading the first few pages of the book, however, I became somewhat disappointed. The first few chapters made it clear that Roberts's book was not about the actual details of the class action lawsuit against Texaco but about Roberts's personal experiences at home, in school, and in the corporate world. As I …
Is There A Private Cause Of Action Under Epa's Title Vi Regulations?: The Need To Empower Environmental Justice Plaintiffs, Bradford Mank
Is There A Private Cause Of Action Under Epa's Title Vi Regulations?: The Need To Empower Environmental Justice Plaintiffs, Bradford Mank
Faculty Articles and Other Publications
This article will apply the Chester three-factor test to find a private right of action implied in the administrative regulations promulgated by various agencies to implement Section 602 of Title VI. This article also proposes that it would be inconsistent to apply today's more stringent standard for inferring congressional intent in deciding whether a private right exists under Section 602. Such inconsistency arises as a result of the Supreme Court's application of a more lenient standard in recognizing a private right of action under Section 601.
All The Difference In The World: Listening And Hearing The Voices Of Women, Phoebe A. Haddon
All The Difference In The World: Listening And Hearing The Voices Of Women, Phoebe A. Haddon
Faculty Scholarship
No abstract provided.
Redressing The Imbalances: Rethinking The Judicial Role After R. V R.D.S., Dianne Pothier, Richard Devlin
Redressing The Imbalances: Rethinking The Judicial Role After R. V R.D.S., Dianne Pothier, Richard Devlin
Dianne Pothier Collection
The Decision of the Supreme Court of Canada in R. v. R.D.S. dealt with whether a trial judge's comments, about interactions between police officers and "non-white groups", gave rise to a reasonable apprehension of bias in the circumstances. They strongly criticize the contrary ruling of the dissent as inappropriately drawing a false dichotomy between decisions based on evidence and decisions based on generalizations, and as improperly ignoring social context with an unwarranted confidence in the ideology of colour blindness. While more supportive of the majority's analysis, the authors also find cause for concern, with somewhat different emphasis in the nature …
Family Law And Gay And Lesbian Family Issues In The Twentieth Century, David L. Chambers, Nancy D. Polikoff
Family Law And Gay And Lesbian Family Issues In The Twentieth Century, David L. Chambers, Nancy D. Polikoff
Articles
Over these thirty years, lesbians and gay men have increasingly challenged conventional definitions of marriage and the family. In this brief article, we tell the story of gay people and family law in the United States across this period. We divide our discussion into two sections: issues regarding the recognition of the same-sex couple relationship and issues regarding gay men and lesbians as parents. These issues overlap, of course, but since family law discussions commonly treat adult-adult issues of all sorts separately from parent-child issues, we believe it convenient and helpful to do so as well.
Discrimination Cases In The Supreme Court's 1997 Term (The Supreme Court And State And Local Government Law: The 1997-1998 Term), Eileen Kaufman
Discrimination Cases In The Supreme Court's 1997 Term (The Supreme Court And State And Local Government Law: The 1997-1998 Term), Eileen Kaufman
Scholarly Works
No abstract provided.
Defending Truth, Cynthia V. Ward, Peter A. Alces
Defending Truth, Cynthia V. Ward, Peter A. Alces
Faculty Publications
No abstract provided.
The Stories, The Statistics And The Law: Why 'Driving While Black' Matters University Of Minnesota Law Review, Vol. 84, No. 2, 1999, David A. Harris
The Stories, The Statistics And The Law: Why 'Driving While Black' Matters University Of Minnesota Law Review, Vol. 84, No. 2, 1999, David A. Harris
Articles
Racial profiling of drivers - often called "driving while black" - has taken an increasingly important role in the public debate on issues of race and criminal justice. It is one of the few such issues that has penetrated not only the public discourse, but the legislative process as well. This article takes three different approaches in attempting to explain that racial profiling is important not only for its own sake, but because it is a manifestation - both a symbol and a symptom - of all of the most difficult problems that we face at the intersection of race …
Gay Rights For Gay Whites: Race, Sexual Identity, And Equal Protection Discourse, Darren L. Hutchinson
Gay Rights For Gay Whites: Race, Sexual Identity, And Equal Protection Discourse, Darren L. Hutchinson
Faculty Articles
My argument proceeds in four parts. Part I situates my discussion of the synergistic relationship among race, class, gender, and sexuality within a broader body of research on the "intersectionality'' of systems of oppression and of identity categories. Part I then examines how my scholarship attempts to advance this literature both substantively and conceptually. Part II expounds my claim that the comparative and essentialist treatment of race and sexuality within pro-gay and lesbian theory and politics marginalizes gay, lesbian, bisexual, and transgendered persons of color and constructs and reinforces the notion that the gay and lesbian community is uniformly white …
Setting An Agenda For A Study Of Tax And Black Culture, Beverly I. Moran
Setting An Agenda For A Study Of Tax And Black Culture, Beverly I. Moran
Vanderbilt Law School Faculty Publications
At present the Internal Revenue Code unthinkingly reflects many aspects of white culture including historical opportunities that whites have received for wealth building and marriage. In order for the federal tax laws to tax fairly all cultures within the purview of taxation must also find their values reflected. The article sets out how the tax laws might begin to incorporate black culture.
Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy Langston
Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy Langston
Journal Publications
In this Article, I will explore the roles of women and the expectations that society maintains for them in the past and the expectations for the present and future. As we enter the millennium, the courts appear to administer the law in the same way as laws were administered prior to the women's rights movement. Judges appear to implement notions of equal rights while society attaches the notions of the "difference group" without any special treatment for the dual roles. Something interesting appears to be happening to the dual roles of women. There is one standard stating that women must …
Compulsory Arbitration Of Discrimination Claims And The Civil Rights Act Of 1991: Encouraged Or Proscribed?, Mark Adams
Compulsory Arbitration Of Discrimination Claims And The Civil Rights Act Of 1991: Encouraged Or Proscribed?, Mark Adams
Articles
No abstract provided.
Synopsis Of The Report Of The Second Circuit Task Force On Gender, Racial And Ethnic Fairness In The Courts, Jay C. Carlisle
Synopsis Of The Report Of The Second Circuit Task Force On Gender, Racial And Ethnic Fairness In The Courts, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
The recent Report of the Second Circuit Task Force on Gender, Racial, and Ethnic Fairness in the Courts (‘Taskforce‘) observes “some biased conduct toward parties and witnesses based on gender or race or ethnicity has occurred on the part of both judges and lawyers.” “Biased conduct toward lawyers based on gender or race or ethnicity, has occurred to a greater degree.” The Report concludes that such conduct is unacceptable and admonishes all participants in the Second Circuit courts to guard against it. The purpose of this Perspective is to review several sections of the Report. The Perspective is written from …
Count The Brown Faces: Where Is The “Family” In The Family Law Of Child Protective Services, Ana M. Novoa
Count The Brown Faces: Where Is The “Family” In The Family Law Of Child Protective Services, Ana M. Novoa
Faculty Articles
Can a system developed from intrusion into the lives of the poor be reconstituted to provide services that will nurture the quality of the lives of all children? If not, then the system should be scrapped and start over. Child Protective Services (CPS) has never recovered from its roots in distrust and discrimination against the poor and its mistaken defense of a false moral high-ground, which is perceived from the narrow focus of child-saving rather than on the legitimate and long term needs of children. The foster care system’s lack of concern for natural parents reflects centuries of a dual …
Social And Legal Repercussions Of Latinos' Colonized Mentality, Laura M. Padilla
Social And Legal Repercussions Of Latinos' Colonized Mentality, Laura M. Padilla
Faculty Scholarship
This essay begins by defining internalized oppression and racism and exposing the harms they cause. It dissects the reasons we engage in internalized racism and explains how once exposed, it will be easier to engage in a conscious effort to eradicate internalized racism. It will then describe how the intersectionality of internalized oppression and racism is expressed in the Latino community. The essay will then re-imagine Latino identity without internalized oppression and racism. It will include ideas on how to overcome internalized oppression and racism generally, both at the corporate and individual levels. The essay concludes that exposing internalized oppression …
The Constitutionality Of Taxing Compensatory Damages For Mental Distress When There Was No Accompanying Physical Injury, Douglas A. Kahn
The Constitutionality Of Taxing Compensatory Damages For Mental Distress When There Was No Accompanying Physical Injury, Douglas A. Kahn
Articles
Since 1919, statutory tax law has excluded from gross income compensatory damages received on account of a personal injury or sickness.1 The current version of that exclusion is set forth in section 104 (a) (2) of the Internal Revenue Code of 1986.2 The construction of that exclusion, both by the courts and by the Commissioner, underwent significant alterations over the 80-year period that the provision has existed.3 The statute itself was amended several times, most recently in 1996.4 It is the 1996 amendment that has raised a constitutional issue concerning the validity of a portion of the statute.5
The Community Reinvestment Act: Questionable Premises And Perverse Incentives, Keith N. Hylton, Vincent D. Rougeau
The Community Reinvestment Act: Questionable Premises And Perverse Incentives, Keith N. Hylton, Vincent D. Rougeau
Faculty Scholarship
Having just passed the twentieth anniversary of the enactment of the Community Reinvestment Act I ("CRA" or "Act"), this is an appropriate time to take stock of the effectiveness of the legislation and to consider whether it continues to be useful as a tool for addressing the problems of neighborhood decline and discrimination in the lending market. Although discrimination in lending and the decline of certain inner-city neighborhoods is a problem that the CRA has not been able to solve, most observers would agree that the situation has improved since the mid-1970s. 2 In particular, there has been notable progress …