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Full-Text Articles in Law
Derivative Racial Discrimination, Kevin Woodson
Derivative Racial Discrimination, Kevin Woodson
Law Faculty Publications
This Article introduces the concept of derivative racial discrimination, a process of institutional discrimination in which certain social and cultural dynamics impede the careers of minority workers in predominantly white firms even in the absence of racial biases and stereotypes. Derivative racial discrimination is a manifestation of cultural homophily, the universal tendency of people to gravitate toward others with similar cultural interests and backgrounds. Although not intrinsically racial, cultural homophily disadvantages minority workers in predominantly white work settings due to various race-related social and cultural differences. Seemingly inconsequential in isolation, these differences produce racial disparities in the accrual of valuable …
Human Capital Discrimination, Law Firm Inequality, And The Limits Of Title Vii, Kevin Woodson
Human Capital Discrimination, Law Firm Inequality, And The Limits Of Title Vii, Kevin Woodson
Law Faculty Publications
This Article advances the legal scholarship on workplace inequality through use of evidence derived from interviews of a sample of black attorneys who have worked in large, predominantly white law firms. It does so by calling attention to the manner in which these firms operate as sites of human capital discrimination — patterns of mistreatment that deprive many black associates of access to the substantive work opportunities crucial to their professional development and career advancement. This Article identifies the specific arrangements and practices within these firms that facilitate human capital discrimination and describes the varied, often subtle harms and burdens …
Nondiscrimination In Insurance: The Next Chapter, Mary L. Heen
Nondiscrimination In Insurance: The Next Chapter, Mary L. Heen
Law Faculty Publications
Modern federal civil rights legislation prohibits race and gender discrimination in many important sectors of the American economy, including employment, education, public accommodations, housing, and credit. No comparable comprehensive federal civil rights legislation bans race and gender discrimination in the business of insurance-a business at the core of legal and social organization, culture, and finance. Why not?
Mancession Or Momcession? Good Providers, A Bad Economy, And Gender Discrimination, Allison Anna Tait
Mancession Or Momcession? Good Providers, A Bad Economy, And Gender Discrimination, Allison Anna Tait
Law Faculty Publications
Against this backdrop of precarious and disappearing work, two new elements became important: who was out of work, and how those still employed were navigating bad jobs. These questions laid the foundation for a flood of stories concerning unemployment and bad employment. Unsurprisingly, gender played a leading role in the debates. This article will discuss these two concerns--employment and workplace discrimination-as they intersect with gender and gender stereotypes.
Congress Needs To Repair The Court's Damage To § 1983, Ivan E. Bodensteiner
Congress Needs To Repair The Court's Damage To § 1983, Ivan E. Bodensteiner
Law Faculty Publications
Today it is not unusual for a § 1983 plaintiff to establish a violation of the U.S. Constitution and resulting injuries, yet be denied damages because of the Supreme Court's misinterpretation of the 1871 statute. This anomaly is the result of several defenses created by the Court, including absolute and qualified immunity, the rejection of respondeat superior liability for municipalities, and the expansion of sovereign immunity, based, in part, on a misinterpretation of the Eleventh Amendment. Several other rulings of the Court narrow the circumstances under which private parties are subject to § 1983 liability, refuse to exempt § 1983 …
Civil Rights Act Of 1964, Henry L. Chambers, Jr.
Civil Rights Act Of 1964, Henry L. Chambers, Jr.
Law Faculty Publications
The Civil Rights Act of 1964 (42 U.S. C.A.) (the 19 Act) likely has had the greatest transformative effect on American society of any single law. By prohibiting discrimination based on race, color, sex, religion, a national origin in places of public accommodation, in federally assisted programs, in employment, in schools and with respect to voting rights, this massive law has had profound effects on almost every facet of American society.
Review Of David E. Bernstein's "You Can't Say That!--The Growing Threat To Civil Liberties From Antidiscrimination Laws", Ivan E. Bodensteiner
Review Of David E. Bernstein's "You Can't Say That!--The Growing Threat To Civil Liberties From Antidiscrimination Laws", Ivan E. Bodensteiner
Law Faculty Publications
No abstract provided.
The Effect Of Eliminating Distinctions Among Title Vii Disparate Treatment Cases, Henry L. Chambers, Jr.
The Effect Of Eliminating Distinctions Among Title Vii Disparate Treatment Cases, Henry L. Chambers, Jr.
Law Faculty Publications
St. Mary's Honor Center v. Hicks eliminated the effect of the pretext test and the distinction between standard and pretext cases. Desert Palace interpreted the motivating-factor test in a way that eliminates the distinction between mixed-motives and non-mixed-motives cases. The point is not that the Court has decided the cases incorrectly or with an inappropriate bias. Rather, it is that eliminating the distinctions between the different types of cases suggests that all disparate treatment cases should be treated the same. The result of these decisions will likely be a reversion to an older litigation model in which trial judges are …
Mediation And The Americans With Disabilities Act, Ann C. Hodges
Mediation And The Americans With Disabilities Act, Ann C. Hodges
Law Faculty Publications
This Article will analyze the potential uses of mediation in ADA disputes, focusing primarily on employment issues. Part II of the Article provides a description and analysis of the mediation process. Part III provides an overview of the ADA. Part IV examines the dispute resolution provisions of the ADA and both the current and proposed uses of alternative dispute resolution. Finally, Part V analyzes the use of mediation in ADA cases and recommends appropriate uses of mediation that will effectuate the purpose of the statute.
Dispute Resolution Under The Americans With Disabilities Act: A Report To The Administrative Conference Of The United States, Ann C. Hodges
Dispute Resolution Under The Americans With Disabilities Act: A Report To The Administrative Conference Of The United States, Ann C. Hodges
Law Faculty Publications
Congress passed the Americans With Disabilities Act ("ADA") in 1990 and it became effective in 1992.The statute prohibits discrimination against individuals with disabilities by employers, state and local governments, and public accommodations. With more than two years experience under the statute, an assessment of the effectiveness of the dispute resolution procedures is appropriate. This Article begins with a brief overview of the statute, including an analysis of the dispute resolution procedure under each title. The report then discusses the effectiveness of existing dispute resolution procedures. Finally the report makes recommendations for improving the dispute resolution procedures, including a specific recommendation …
Recent Case: Fourth Circuit Finds University Of Maryland Minority Scholarship Program Unconstitutional, Podberesky V. Kirwan, 38 F.3d 147 (4th Cir. 1994), Kimberly J. Robinson
Recent Case: Fourth Circuit Finds University Of Maryland Minority Scholarship Program Unconstitutional, Podberesky V. Kirwan, 38 F.3d 147 (4th Cir. 1994), Kimberly J. Robinson
Law Faculty Publications
In Podberesky v. Kirwan,4 the Fourth Circuit held that the University of Maryland at College Park (UMCP) denied Daniel Podberesky, a Hispanic/white student, equal protection of the laws by excluding him from consideration for the race-based Benjamin Banneker Scholarship Program. The program, the court held, was not narrowly tailored to remedy past discrimination at the University. In its analysis, however, the court applied only a portion of the applicable legal standard. A proper analysis of the program using the factors set forth in United States v. Paradise would have demonstrated that the program was narrowly tailored to address the racial …
A Road Less Traveled To A Federal Era, John Paul Jones
A Road Less Traveled To A Federal Era, John Paul Jones
Law Faculty Publications
Professor Jones examines efforts to ratify the federal Equal Rights Amendment which ended unsuccessfully in 1982. He argues that efforts to use the federal courts to fill in the gaps in protection of rights based on gender are likely to fall far short of what the Amendment would have provided, and that a renewed attempt at ratification would likely meet the same fate as the earlier one. He suggests a third alternative, U.S. ratification of the Convention on the Elimination of All Forms of Discrimination against Women, as the most feasible means of achieving the goals of the ERA without …
Civil Liberties: Adherence To Established Principles, Ivan E. Bodensteiner, Rosalie Levinson
Civil Liberties: Adherence To Established Principles, Ivan E. Bodensteiner, Rosalie Levinson
Law Faculty Publications
No abstract provided.