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Full-Text Articles in Law
Looking Beyond Batson: A Different Method Of Combating Bias Against Queer Jurors, Anna L. Tayman
Looking Beyond Batson: A Different Method Of Combating Bias Against Queer Jurors, Anna L. Tayman
William & Mary Law Review
On November 27, 1978, Harvey Milk, the first openly gay elected official in California’s history, was murdered. He was shot five times, twice in the head. His murderer, Dan White, was convicted of voluntary manslaughter and served only five years in prison.
The Dan White trial is the most famous example of queer juror exclusion in American history. While White’s defense attorney, Douglas Schmidt, could not directly ask the jurors about their sexual orientation, he had another strategy: find the gays and allies and keep them out, and find the Catholics and keep them in. Schmidt struck a woman who …
Protecting Privacy To Prevent Discrimination, Jessica L. Roberts
Protecting Privacy To Prevent Discrimination, Jessica L. Roberts
William & Mary Law Review
A person cannot consider information that she does not have. Unlawful discrimination, therefore, frequently requires discriminators to have knowledge about protected status. This Article exploits that simple reality, arguing that protecting privacy can prevent discrimination by restricting access to the very information discriminators use to discriminate. Although information related to many antidiscrimination categories, like race and sex, may be immediately apparent upon meeting a person, privacy law can still do significant work to prevent discrimination on the basis of less visible traits such as genetic information, age, national origin, ethnicity, and religion, as well as in cases of racial or …
Flunking The Class-Of-One/Failing Equal Protection, William D. Araiza
Flunking The Class-Of-One/Failing Equal Protection, William D. Araiza
William & Mary Law Review
This Article considers the equal protection “class-of-one” doctrine in light of recent developments, both at the Supreme Court and in the lower courts. After Part I explains the background and current state of the doctrine, Part II considers how that doctrine provides insights into such basic equal protection concepts as discriminatory intent and animus. It also critiques the Court’s analysis of the class-of-one, arguing that the Court has mishandled these concepts and in so doing caused doctrinal anomalies and lower court confusion. Part II offers an alternative approach to the class-of-one that corrects those problems while still addressing the concerns …
Plausibility Pleading Employment Discrimination, Charles A. Sullivan
Plausibility Pleading Employment Discrimination, Charles A. Sullivan
William & Mary Law Review
The Supreme Court’s unanimous 2002 decision in Swierkiewicz v. Sorema N.A., which took a very permissive approach to pleading discrimination claims, may or may not remain good law after Ashcroft v. Iqbal. As is well known, Iqbal took a restrictive approach to pleading generally under the Federal Rules of Civil Procedure, and its application to employment discrimination cases could pose serious problems for plaintiffs attempting to get into federal court. In addition, there is certainly a tension between Swierkiewicz and Iqbal. This is in part because the former is a strong reaffirmation of notice pleading as it has traditionally been …
Ethnicity And Prejudice: Reevaluating "National Origin" Discrimination Under Title Vii, Juan F. Perea
Ethnicity And Prejudice: Reevaluating "National Origin" Discrimination Under Title Vii, Juan F. Perea
William & Mary Law Review
No abstract provided.
Processing The Explosion In Title Vii Class Action Suits: Achieving Increased Compliance With Federal Rule Of Civil Procedure 23(A), Earle K. Shawe
Processing The Explosion In Title Vii Class Action Suits: Achieving Increased Compliance With Federal Rule Of Civil Procedure 23(A), Earle K. Shawe
William & Mary Law Review
No abstract provided.
Appropriate Defenses To Damage Actions For Discrimination Under Sections 1981 And 1982
Appropriate Defenses To Damage Actions For Discrimination Under Sections 1981 And 1982
William & Mary Law Review
No abstract provided.
Fair Employment Forums After Alexander V. Gardner-Denver Co.: Separate And Unequal, William J. Isaacson, William C. Zifchak
Fair Employment Forums After Alexander V. Gardner-Denver Co.: Separate And Unequal, William J. Isaacson, William C. Zifchak
William & Mary Law Review
No abstract provided.
The Use Of Numerical Quotas To Achieve Integration In Employment, George P. Sape
The Use Of Numerical Quotas To Achieve Integration In Employment, George P. Sape
William & Mary Law Review
No abstract provided.
Equal Employment Opportunity Commission Procedural Regulations: An Evaluation By The Practicing Bar, Donald Elisburg
Equal Employment Opportunity Commission Procedural Regulations: An Evaluation By The Practicing Bar, Donald Elisburg
William & Mary Law Review
No abstract provided.
Title Vii Of The Civil Rights Act: A Review Of Significant Recent Decisions, Robert A. Levitt
Title Vii Of The Civil Rights Act: A Review Of Significant Recent Decisions, Robert A. Levitt
William & Mary Law Review
No abstract provided.
Title Vii Class Actions: The "Recovery Stage", Thomas H. Barnard
Title Vii Class Actions: The "Recovery Stage", Thomas H. Barnard
William & Mary Law Review
No abstract provided.
Racial Discrimination In "Private" Schools, Norman Dorsen
Racial Discrimination In "Private" Schools, Norman Dorsen
William & Mary Law Review
No abstract provided.