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Full-Text Articles in Law
The Failure Of Title Vii As A Rights-Claiming System, Deborah L. Brake, Joanna L. Grossman
The Failure Of Title Vii As A Rights-Claiming System, Deborah L. Brake, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
This Article takes a comprehensive look at the failure of Title VII as a system for claiming nondiscrimination rights. The Supreme Court's recent decision in Ledbetter v. Goodyear Tire & Rubber Company, 127 S. Ct. 2162 (2007), requiring an employee to assert a Title VII pay discrimination claim within 180 days of when the discriminatory pay decision was first made, marks the tip of the iceberg in this flawed system. In the past decade, Title VII doctrines at both ends of the rights-claiming process have become increasing hostile to employees. At the front end, Title VII imposes strict requirements on …
Straight Acting, Dale Carpenter
Straight Acting, Dale Carpenter
Faculty Journal Articles and Book Chapters
This article explores the meaning of “straight acting,” a term one often hears among gay people. How, why, and by whom is it used? What purposes does it serve and what purposes does the reaction to it serve? How does its use by gays compare to the use of the term “acting white” by blacks? And, since this is a law journal, there's the necessary question: what is law's role in straight acting?
International Travel And The Constitution, Jeffrey D. Kahn
International Travel And The Constitution, Jeffrey D. Kahn
Faculty Journal Articles and Book Chapters
This Article makes the case for the fundamental right of U.S. citizens to leave their country and return home again. Surprisingly, Americans do not enjoy such a right. Under current Supreme Court precedents, the right to travel abroad is merely an aspect of liberty that may be restricted within the bounds of due process. The controversial No Fly List is one result. Another is a new rule that went into effect in February 2008, under which all travelers now require the express prior permission of the U.S. Government to board any aircraft or maritime vessel that will enter or leave …