Law Commons^™

Arkansas Civil Rights Act - School Districts' Liability For Peer Abuse: Arkansas Supreme Court Holds School Districts Have No Duty To Protect Students From Each Other. Rudd V. Pulaski County Special School District, 341 Ark. 794, 20 S.W.3d 310 (2000)., Kimberly Miller

University of Arkansas at Little Rock Law Review

No abstract provided.

Closing A Discrimination Loophole: Using Title Vii's Anti-Retaliation Provision To Prevent Employers From Requiring Unlawful Arbitration Agreements As Conditions Of Continued Employment, Sidney Charlotte Reynolds

Washington Law Review

Courts have long viewed mandatory arbitration agreements (MAAs) as contract provisions that employees may accept or decline based on the common law doctrine of employment at-will. However, employees may see such MAAs as attempts to curtail Title VII rights and may refuse to sign them. Title VII prohibits employers from retaliating against employees who oppose discriminatory employment practices. A legal loophole has developed where some employers seek explicitly or implicitly to exempt themselves from Title VII's provisions by drafting MAAs that eliminate statutory rights and remedies from the arbitration process or deter employees from filing discrimination claims altogether. The U.S. …

Resurgence Of The Class Action Lawsuit In Employment Discrimination Cases: New Obstacles Presented By The 1991 Amendments To The Civil Rights Act, Scotty Shively

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Civil Rights, John Sanchez

Mercer Law Review

The 2000 survey period was an active year for constitutional civil rights litigation in the Eleventh Circuit. All eighteen cases examine thorny issues arising under the First Amendment. Thirteen cases address free speech issues while five cases touch on religion. Two cases deal with zoning ordinances that regulate adult businesses. Two cases address the constitutionality of zoning ordinances that regulate nude dancing. Two apply the test in Central Hudson Gas & Electric Corp. v. Public Service Commission ("Central Hudson") for regulating commercial speech. Two cases analyze the law of prior restraints when it comes to licensing access to traditional public …

Racial Purity Laws In The United States And Nazi Germany: The Targeting Process, Judy Scales-Trent

Journal Articles

No abstract provided.

Hate And The Bar: Is The Hale Case Mccarthyism Redux Or A Victory For Racial Equality?, W. Bradley Wendel

Cornell Law Faculty Publications

The application of the constitutional free expression guarantee to the activities of the organized bar is one of the most important unexplored areas of legal ethics. In this essay I will consider in particular the question of whether an applicant may be denied admission to the bar for involvement with hateful or discriminatory activities. This question reveals the tension between the first amendment principle, established after the agonizing struggles of the McCarthy era, that no one may be denied membership in the bar because of his or her beliefs alone, and the plenary authority of bar associations to make predictive …

The Attachment Gap: Employment Discrimination Law, Women's Cultural Caregiving, And The Limits Of Economic And Liberal Legal Theory, Laura T. Kessler

University of Michigan Journal of Law Reform

Title VII has prohibited employment discrimination on the basis of pregnancy since 1978, when Congress passed the Pregnancy Discrimination Act ("PDA"), but it does not require employers to recognize women's caregiving obligations beyond the immediate, physical events of pregnancy and childbirth. The Family and Medical Leave Act of 1993 ("FMLA ") also does little more than provide job security to some relatively privileged women in the case of childbirth. Neither of these statutes, which constitute the bulk of the United States' maternity and parental leave policies, provides for the most common employment leave needs of caregivers, who by all measures …

Gay Marriages And Civil Unions: Democracy, The Judiciary And Discursive Space In The Liberal Society, Mae Kuykendall

Mercer Law Review

The various states have given provisional answers to the socially volatile quest by gay couples for legal recognition of their relationships as marriage. The provisional quality of the policy-making is related to the status of the language of marriage as a contested site. The language evolves, but pressure exists to stall public acknowledgment of changes in descriptors for basic relationships. The prominence of language as itself a matter of dispute gives new and broadened meaning to classic arguments defending the judicial role on the grounds that courts function well to advance public discourse, particularly if they do not impose final …

Morgan Kousser's Noble Dream, Heather K. Gerken

Michigan Law Review

J. Morgan Kousser, professor of history and social science at the California Institute of Technology, is an unusual academic. He enjoys the respect of two quite different groups - historians and civil rights litigators. As a historian, Kousser has written a number of important works on the American South in the tradition of his mentor, C. Vann Woodward, including a foundational book on southern political history, The Shaping of Southern Politics: Suffrage Restriction and the Establishment of the One-Party South, 1880-1910. Many of his writings have become seminal texts among election law scholars. Kousser has also used his historical skills …

Usa 2050: Identity, Critical Race Theory, And The Asian Century, Adrien Katherine Wing

Michigan Law Review

Robert Chang, a promising young scholar, has given us the first book on Asian Critical Race Theory, or AsianCrit, in his short, readable volume Disoriented: Asian Americans, Law, and the Nation-State. It is a loosely woven collection of essays divided into three parts, drawing upon work Professor Chang published in several earlier law review articles. This book is part of the Critical America Series of New York University Press. The general editors are Critical Race Theory (CRT) senior scholar Professor Richard Delgado of the University of Colorado Law School and his wife, legal researcher Jean Stefancic. The series has produced …

Finding Gold In The Rainbow Rights Movement, Shayna S. Cook

Michigan Law Review

In her history of the past fifty years of the gay and lesbian civil rights movement, Patricia Cain recounts the litigation successes and failures that contributed to the legal status of gays and lesbians in the Untied States today. Clearly an insider who has marched with the movement every step of the way, Cain provides a comprehensive account of all fronts of the battle in state and federal courts since 1950. But while Rainbow Rights serves as a good primer on the legal challenges and the key themes uniting them, the book reads like an account of a struggle ending …

The Impact Of The Use Of New Communications And Information Technologies On Trafficking In Human Beings For Sexual Exploitation: A Study Of The Users, Donna M. Hughes Dr.

Donna M. Hughes

The trafficking in women and children for sexual exploitation is a global human rights crisis being

perpetrated by individual criminals and organized crime groups, and facilitated by increased tolerance

for the sexual exploitation and sexual abuse of women and children.

New communications and information technologies have created a global revolution in

communications, access to information, and media delivery. There are a lot of positive aspects to the

global revolution, but there are also some very negative ones. This report describes the most negative

ones—how communications and information technologies are used to facilitate the trafficking of

women and children for sexual …

Gender Bias In The Courts Of The Commonwealth Final Report, Gender Bias In The Courts Task Force

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

African-American Farmers And Fair Lending: Racializing Rural Economic Space, Cassandra Jones Havard

All Faculty Scholarship

This article critiques the federal policy and legislation that makes USDA a financial intermediary designed to give farmers access to credit in light of the federal class action settlement of claims between African-American farmers and USDA. The challenged statutory scheme allows locally elected farmers to make decisions regarding these low-cost loan funds. USDA's approach has both federalist and economic underpinnings. The article identifies the arguments supporting devolution of power from the federal government to local jurisdictions and examines the competing theories of information costs, transaction costs, and agency costs as they relate to USDA as a financial intermediary. Finally, it …

Editor's Note, Melanie M. Lee

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Foreword, Lennox L. Hinds

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Un/Re/Dis Covering Slave Breeding In Thirteenth Amendment Jurisprudence, Pamela D. Bridgewater

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Recognizing Substance: Adoptees And Affiliates Of Native American Tribes Claiming Free Exercise Rights

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Dead Hands And State Actors: Theracially Discriminatory Charitable Trustin Hermitage Methodist Homes, Dean Barclay

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Your Dna Is Your Resume: How Inadequate Protection Of Genetic Information Perpetuates Employment Discrimination

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Cash Balance Controversy Revisited: Age Discrimination And Fidelity To Statutory Text, Edward A. Zelinsky

Articles

No abstract provided.

Cross-Testing, Nondiscrimination, And New Comparability: A Rejoinder To Mr. Orszag And Professor Stein, Edward A. Zelinsky

Articles

In their response to my article in this symposium issue of the Buffalo Law Review, Peter Orszag and Norman Stein advance their analysis of cross-testing, new comparability and the nondiscrimination norm. I write this brief rejoinder both to clarify the areas of our disagreement and to complete our dialogue.

Is Cross-Testing A Mistake: Cash Balance Plans, New Comparability Formulas, And The Incoherence Of The Nondiscrimination Norm, Edward A. Zelinsky

Articles

The increasing tendency of large employers to convert their traditional defined benefit pension plans to the cash balance format has engendered substantial controversy, both within the qualified plan community and among the general public. The rise of "new comparability" plans has yet to generate the same level of popular or political concern, perhaps because such plans have largely been embraced by smaller employers. However, among pension mavens, new comparability has occasioned strong supporters and equally firm detractors.

The Nullification Of Section 718.2(E): Aggravating Aboriginal Over-Representation In Canadian Prisons, Renee Pelletier

Osgoode Hall Law Journal

This article considers the disproportionate incarceration rate of Aboriginal offenders in Canadian prisons and the effectiveness of Parliament's attempts at alleviating this problem through the enactment of section 718.2(e) of the Criminal Code. This article focuses primarily on two recent Supreme Court of Canada decisions-R. v. Gladue and R. v. Wells. It is argued that the Court's narrow view of systemic factors, the Imitation it places on section 718.2(e) through its discussion of serious offences, as well as a number of practical problems inherent in the framework provided by the Court, strip the provision of its remedial intent. The article …

Shrinking Domain Of Individious Intent, K.G. Jan Pillai

William & Mary Bill of Rights Journal

The landmark case of Washington v. Davis made invidious intent the touchstone of violation of the Equal Protection Clause. In this Article, Professor K G. Jan Pillai discusses the current state of the doctrine of invidious intent and its evolving role in Supreme Court jurisprudence. In the area of criminal law enforcement, strict application of the doctrine often produces harsh results. Among the existing three-tiered scrutiny standards, the doctrine appears out of place. In recent racial gerrymandering cases, the Supreme Court substantively modified the meaning of the doctrine. Despite the apparent instability of the doctrine, Professor Pillai concludes the solution …

Introduction To Perspectives On Constitutional Exemptions To Civil Rights Laws: Boy Scouts Of America V. Dale, Bryson J. Hunter

William & Mary Bill of Rights Journal

No abstract provided.

Identity Crisis: “Intersectionality,” “Multidimensionality,” And The Development Of An Adequate Theory Of Subordination, Darren Lenard Hutchinson

UF Law Faculty Publications

While essentialism remains a prominent feature of progressive social movements, critical scholars have offered persuasive arguments against traditional, single-issue politics and have proposed reforms in a variety of doctrinal and policy contexts. The feminist of color critiques of feminism and antiracism provided the earliest framework for analyzing oppression in complex terms. Feminists of color and other critical scholars have examined racism and patriarchy as “intersecting” phenomena, rather than as separate and mutually exclusive systems of domination. Their work on the intersectionality of subordination has encouraged some judges and progressive scholars to discard the “separate spheres” analysis of race and gender. …

Two Wrongs Do Not Make A Defense: Eliminating The Equal-Opportunity-Harasser Defense, Shylah Miles

Washington Law Review

Sexual harassment is a prevalent problem in the American workplace that accounts for nearly sixty-four percent of all gender discrimination claims under Title VII. The equal-opportunity-harasser defense allows harassers who target both males and females to escape liability. Courts have allowed the defense because they have interpreted the "because of sex" element of a sexual harassment claim to require disparate treatment or a showing that the plaintiffs would not have been harassed if they were members of the opposite sex. An equal-opportunity harasser harasses both sexes and, therefore, plaintiffs cannot prove disparate treatment. This Comment argues that the disparate-treatment requirement …

Editor's Note, Padraig O'Malley

New England Journal of Public Policy

The editor speaks about the political unrest with the 2000 presidential election. He also speaks about the war in Angola. He speaks about the civi duty we have to mankind across the globe and the government's influence on other countries.

An Effective Compromise: Class-Based Affirmative Action In Boston Schools, Gabriel O'Malley

New England Journal of Public Policy

The author seeks to shift the traditional focus of the affirmative action debate from race to class. With the Boston Latin School as an example, he argues that, under certain circumstances, a shift in an admission policy based on preferences from race to class will maintain academic standards while increasing minority representation; it will also expand opportunity for economically underprivileged youths who have succeeded academically despite the obstacles they face. A focus on class rather than race offers both sides of the affirmative action debate a philosophy that can be reconciled with their views on race-based affirmative action. In certain …