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Full-Text Articles in Law

Aggravating Youth: Roper V Simmons And Age Discrimination, Elizabeth F. Emens Jan 2006

Aggravating Youth: Roper V Simmons And Age Discrimination, Elizabeth F. Emens

Faculty Scholarship

In Roper v. Simmons, the Supreme Court confronted a difficult question: Given that being younger than eighteen is merely a proxy for diminished culpability, why not let jurors decide whether youth mitigates the culpability of an individual sixteen- or seventeen-year-old offender? The Court's subtle answer draws on psychological literature about the differences between juveniles and adults, but ultimately depends as much on concerns about the mind of the adult juror as on the distinctive traits of juveniles. Read in its best light, Kennedy's opinion seems to turn on the insight that while age-based classifications are rational – they are a …


Sky Remains Intact: Why Allowing Subgroup Evidence Is Consistent With The Age Discrimination In Employment Act, Sandra F. Sperino Jan 2006

Sky Remains Intact: Why Allowing Subgroup Evidence Is Consistent With The Age Discrimination In Employment Act, Sandra F. Sperino

Faculty Articles and Other Publications

Employers' stereotypes about the effect of age on employment are not consistent across the entire group of individuals age forty and older. It is intuitive to believe that employers may view employees in their forties as being in their employment prime, while believing that employees in their sixties are not.' Likewise, perceptions of age may vary dramatically depending on the age of the decision-maker. Common sense tells us that a supervisor in his or her forties may create policies that are neutral or positive toward individuals in that age range, while either intentionally or unintentionally engaging in employment practices that …


Discrimination Cases In The October 2004 Term, Eileen Kaufman Jan 2006

Discrimination Cases In The October 2004 Term, Eileen Kaufman

Scholarly Works

No abstract provided.


The Adea And Sports Law, Adam Epstein Dec 2005

The Adea And Sports Law, Adam Epstein

Adam Epstein

The purpose of this article is to provide insight into age issues in sports law and its relationship to the Age Discrimination in Employment Act of 1967 (ADEA), a federal law. There are a few published decisions involving the ADEA in the sports setting. However, there are some cases involving claims by coaches, support staff and administrators who allege they were terminated unlawfully based upon age discrimination. Part I presents a comprehensive overview of the ADEA including defenses to a claim of age discrimination. Part II offers relevant cases with regard to the ADEA and its evolution including the few …