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Articles 1 - 27 of 27
Full-Text Articles in Law
Using The Iied Tort To Address Discrimination And Retaliation In The Workplace, Alex B. Long
Using The Iied Tort To Address Discrimination And Retaliation In The Workplace, Alex B. Long
Scholarly Works
Citing the need to preserve managerial discretion, courts frequently espouse the need to adopt an “especially strict approach” in cases of intentional infliction of emotional distress (IIED) in the workplace. As a result, the IIED tort currently has a limited role to play in the fight against workplace discrimination and harassment. At the same time, a few courts – almost undetected in the literature on the subject - have recognized that one form of employer conduct may merit special treatment when assessing an IIED claim against an employer. According to these courts, the fact that an employer has engaged in …
The Statutification Of Tort Law Involving The Workplace, Alex B. Long
The Statutification Of Tort Law Involving The Workplace, Alex B. Long
Scholarly Works
The phenomenon of the "tortification" of employment law involves the consideration and importation of common-law tort principles when interpreting statutory anti-discrimination law. This Article explores the other side of the coin: the “statutification” of tort law as it applies to the workplace. State courts have only infrequently partaken in this enterprise, even in situations in which the two areas of law involve similar issues. This Article suggests that at least some limited form of statutification of tort law as it pertains to the workplace might be useful.
Sustainable And Unchallenged Algorithmic Tacit Collusion, Maurice Stucke
Sustainable And Unchallenged Algorithmic Tacit Collusion, Maurice Stucke
Scholarly Works
No abstract provided.
Treating Professionals Professionally: Requiring Security Of Position For All Skills-Focused Faculty Under Aba Accreditation Standard 405(C) And Eliminating 405(D), Lucille Jewel, J. Lyn Goering, Susie Salmon, Craig Smith, Kristen Robbins-Tiscione, Melissa Weresh
Treating Professionals Professionally: Requiring Security Of Position For All Skills-Focused Faculty Under Aba Accreditation Standard 405(C) And Eliminating 405(D), Lucille Jewel, J. Lyn Goering, Susie Salmon, Craig Smith, Kristen Robbins-Tiscione, Melissa Weresh
College of Law Faculty Scholarship
In 2014, the American Bar Association (ABA) decided to retain Accreditation Standard 405 in its current form to preserve tenure for law faculty as well as the status, security of position, governance rights, and academic freedom that tenure provides. In doing so, the ABA also preserved the long-standing hierarchy that elevates doctrine-focused faculty over skills-focused faculty. That hierarchy discriminates against skills-focused faculty, particularly those who specialize in legal writing--most of whom are women. This paper calls on the ABA to address this discrimination against skills-focused faculty and the negative effects it has on schools, faculty, and students. As explained in …
Treating Professionals Professionally: Requiring Security Of Position For All Skills-Focused Faculty Under Aba Accreditation Standard 405(C) And Eliminating 405(D), Lucille Jewel
Scholarly Works
In 2014, the American Bar Association (ABA) decided to retain Accreditation Standard 405 in its current form to preserve tenure for law faculty as well as the status, security of position, governance rights, and academic freedom that tenure provides. In doing so, the ABA also preserved the long-standing hierarchy that elevates doctrine-focused faculty over skills-focused faculty. That hierarchy discriminates against skills-focused faculty, particularly those who specialize in legal writing--most of whom are women. This paper calls on the ABA to address this discrimination against skills-focused faculty and the negative effects it has on schools, faculty, and students. As explained in …
Pricing Algorithms & Collusion, Maurice Stucke
Gina, Big Data, And The Future Of Employee Privacy, Brad Areheart
Gina, Big Data, And The Future Of Employee Privacy, Brad Areheart
Scholarly Works
Threats to privacy abound in modern society, but individuals currently enjoy little meaningful legal protection for their privacy interests. We argue that the Genetic Information Nondiscrimination Act (GINA) offers a blueprint for preventing employers from breaching employee privacy. GINA has faced significant criticism since its enactment in 2008: commentators have dismissed the law as ill-conceived, unnecessary, and ineffective. While we concede that GINA may have failed to alleviate anxieties about medical genetic testing, we assert that it has unappreciated value as an employee-privacy statute. In the era of big data, protections for employee privacy are more pressing than protections against …
The Organization Of Islamic Cooperation's (Oic) Response To Sexual Orientation And Gender Identity Rights: A Challenge To Equality And Nondiscrimination Under International Law, Robert C. Blitt
Scholarly Works
This article further explores the Organization of Islamic Cooperation’s (“OIC”) peculiar understanding of international nondiscrimination and equality norms by considering how it engages with sexual orientation and gender identity (“SOGI”) rights. After reviewing the OIC’s historical approach to human rights and its ambivalent acceptance of universality, the article focuses on the organization’s contemporary effort to promote the “protection of the family” within the international human rights arena. This campaign — driven by the OIC’s belief that “Islamic family values” are under legal and intellectual assault — champions only those families premised on marriage between a man and a woman. Consequently, …
Equality And Nondiscrimination Through The Eyes Of An International Religious Organization: The Organization Of Islamic Cooperation's (Oic) Response To Women's Rights, Robert C. Blitt
Scholarly Works
This article is the first of a two part series that draws on women’s rights and sexual orientation and gender identity (SOGI) to explore how the Organization of Islamic Cooperation (OIC) represents, interprets and seeks to impact the right to equality and protection against discrimination as enshrined under international human rights law. The study is a novel one in as much as the OIC is neither a state nor a religious group per se. Rather, the OIC stands out as the only contemporary intergovernmental organization unifying its member states around the commonality of a single religion. In this capacity, the …
Tacit Collusion On Steriods - The Tale On Online Price Transparency, Advanced Monitoring And Collusion, Maurice Stucke, Ariel Ezrachi
Tacit Collusion On Steriods - The Tale On Online Price Transparency, Advanced Monitoring And Collusion, Maurice Stucke, Ariel Ezrachi
College of Law Faculty Scholarship
No abstract provided.
Tacit Collusion On Steriods - The Tale On Online Price Transparency, Advanced Monitoring And Collusion, Maurice Stucke
Tacit Collusion On Steriods - The Tale On Online Price Transparency, Advanced Monitoring And Collusion, Maurice Stucke
Scholarly Works
No abstract provided.
Experiencing Experiential Education: A Faculty-Student Perspective On The University Of Tennessee College Of Law's Adventure In Access To Justice Author, Robert C. Blitt
Experiencing Experiential Education: A Faculty-Student Perspective On The University Of Tennessee College Of Law's Adventure In Access To Justice Author, Robert C. Blitt
Scholarly Works
This article functions both as a brief history lesson in experiential education and as a case study of an experiential course entitled “Human Rights Practicum” offered at the University of Tennessee College of Law in 2015. After briefly discussing historical and current trends in law school reform, including the rise of experiential education within the law school curriculum and the role played by technology in this context, the article turns to explore the impetus for the Human Rights Practicum, its development and implementation, as well as the software technology used to develop its final work product, a web-based “guided interview” …
Employment Discrimination In Legal Education: Selected Readings Relating To Women, Minorities, And Legal Writing, Lucille Jewel
Employment Discrimination In Legal Education: Selected Readings Relating To Women, Minorities, And Legal Writing, Lucille Jewel
Scholarly Works
This bibliography is a collection of selected readings that address discrimination issues and attitudes relating to the employment of women and minorities in legal education.
Cracks In The Shield: The Necessity Of The Employment Non-Discrimination Act, James Bolotin
Cracks In The Shield: The Necessity Of The Employment Non-Discrimination Act, James Bolotin
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Integrating The Internet, Brad Areheart
Integrating The Internet, Brad Areheart
College of Law Faculty Scholarship
This Article argues that the paradigmatic right of people with disabilities “to live in the world” naturally encompasses the right “to live in the Internet.” It further argues that the Internet is rightly understood as a place of public accommodation under antidiscrimination law. Because public accommodations are indispensable to integration, civil rights advocates have long argued that marginalized groups must have equal access to the physical institutions that enable one to learn, socialize, transact business, find jobs, and attend school. The Web now provides all of these opportunities and more, but people with disabilities are unable to traverse vast stretches …
“The Last Acceptable Prejudice”: Student Harassment Of Gay Public School Teachers, Matthew Bernstein
“The Last Acceptable Prejudice”: Student Harassment Of Gay Public School Teachers, Matthew Bernstein
Tennessee Journal of Race, Gender, & Social Justice
In the United States, where the “marketplace of ideas” is a key social philosophy, few Americans receive the benefits of attending public schools with “out” gay and lesbian teachers. Even in an era where civil rights for homosexual public employees are increasing, more than one quarter of adults in the United States continue to believe that school boards should be permitted to fire teachers known to be homosexual. Amid a permissive legal climate that too easily puts aside the rights of teachers in a myopic focus on students, incidents where students harass teachers based on the teachers’ sexual orientation go …
Reasonable Accommodation As Professional Responsibility, Reasonable Accommodation As Professionalism, Alex B. Long
Reasonable Accommodation As Professional Responsibility, Reasonable Accommodation As Professionalism, Alex B. Long
Scholarly Works
The American legal profession has been slow to remove the barriers that exclude individuals with disabilities. As a result, people with disabilities remain underrepresented in the practice of law. While the Americans with Disabilities Act prohibits employment discrimination and requires employers to provide reasonable accommodations for employees with disabilities, there remain significant barriers to employment for lawyers with disabilities. This Article argues that the legal profession should view the legal requirements of reasonable accommodation and equal employment opportunities for lawyers with disabilities as fundamental components of professional responsibility and professionalism.
Accommodating Every Body, Brad Areheart
Accommodating Every Body, Brad Areheart
College of Law Faculty Scholarship
This Article contends that workplace accommodations should be predicated on need or effectiveness instead of group identity status. It proposes that, in principle, “accommodating every body” be achieved by extending Americans with Disabilities Act type reasonable accommodation to all work-capable members of the general population for whom accommodation is necessary to enable their ability to work. Doing so shifts the focus of accommodation disputes from the contentious identity-based contours of “disabled” plaintiffs to the core issue of alleged discrimination. This proposal likewise avoids current problems associated with excluding “unworthy” individuals from employment opportunity — people whose functional capacity does not …
Defamation Of Religion: Rumors Of Its Death Are Greatly Exaggerated, Robert C. Blitt
Defamation Of Religion: Rumors Of Its Death Are Greatly Exaggerated, Robert C. Blitt
Scholarly Works
This Article explores the recent decisions by the United Nations (“UN”) Human Rights Council and General Assembly to adopt consensus resolutions aimed at “combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief.” These resolutions represent an effort to move past a decade’s worth of contentious roll call votes in favor of prohibiting defamation of religion within the international human rights framework. Although labeled “historic” resolutions, this Article argues that the UN’s new compromise approach endorsed in 2011 — and motivated in part by the desire to end years …
Employment Retaliation And The Accident Of Text, Alex B. Long
Employment Retaliation And The Accident Of Text, Alex B. Long
Scholarly Works
This Article explores the current and future landscape of employment retaliation law following the Supreme Court’s decisions in Thompson v. North American Stainless, LP and Kasten v. Saint-Gobain Performance Plastics Corp. As the law currently exists, statutory retaliation plaintiffs win or lose largely due to the accident of statutory text rather than the fact that the law is operating as Congress envisioned or as part of a coherent scheme of regulation. In short, the federal approach to workplace retaliation is inefficient, unnecessarily complex, and in need of major reform. Contrary to popular thinking, the article concludes that the text of …
Introducing The New And Improved Americans With Disabilities Act: Assessing The Ada Amendments Act Of 2008, Alex B. Long
Introducing The New And Improved Americans With Disabilities Act: Assessing The Ada Amendments Act Of 2008, Alex B. Long
Scholarly Works
This essay summarizes the changes to the Americans with Disabilities made by the ADA Amendments Act of 2008. The Act represents the first substantive revision to the ADA since its inception and contains some dramatic changes. This essay summarizes those changes and makes some preliminary assessments as to how the new amendments are likely to alter the current interpretation of the ADA.
The Troublemaker's Friend: Retaliation Against Third Parties And The Right Of Association In The Workplace, Alex B. Long
The Troublemaker's Friend: Retaliation Against Third Parties And The Right Of Association In The Workplace, Alex B. Long
Scholarly Works
Title VII theoretically provides virtually unlimited protection from retaliation for one kind of workplace troublemaker - the employee who files a formal charge of discrimination. However, the protection from retaliation enjoyed by such individuals is significantly less when the troublemaker resorts to an employer's internal process for resolving discrimination complaints prior to the filing of a formal charge of discrimination. And what of the coworker who assists the troublemaker in pursuing such an internal grievance? Or the coworker who simply has some type of relationship with the troublemaker who files a formal charge of discrimination? What protection from retaliation do …
(Whatever Happened To) The Ada's Record Of Disability Prong(?), Alex B. Long
(Whatever Happened To) The Ada's Record Of Disability Prong(?), Alex B. Long
Scholarly Works
The ADA's record of disability prong is the prong least likely to be used by ADA plaintiffs in claiming protection under the Act. Between the years 2000 and 2004, ADA and Rehabilitation Act plaintiffs in federal court who alleged employment discrimination relied upon the record of disability prong less than one-third as often as the actual and perceived disability prongs in claiming disability status. Nor have ADA plaintiffs enjoyed any greater success when asserting coverage under the record of disability prong during that time period. Congress, the Equal Opportunity Commission (EEOC), and the federal courts bear much of the blame …
Intersectionality And Identity: Revisiting A Wrinkle In Title Vii, Brad Areheart
Intersectionality And Identity: Revisiting A Wrinkle In Title Vii, Brad Areheart
College of Law Faculty Scholarship
This article revisits intersectionality, a way of postulating legal identity. Simply put, intersectionality acknowledges that one person's identity can never be reduced to solely one characteristic, such as religion or sex. Rather, each person's identity is constructed of the various intersections of ways one might describe oneself.In the legal context, intersectionality has typically arisen in cases of employment discrimination, where those who theoretically could file a claim under more than protected category are forced to choose only one for their claim - for example, parsing one's identity as either race or sex, even though a statute like Title VII provides …
If The Train Should Jump The Track ...: Divergent Interpretations Of State And Federal Employment Discrimination Statutes, Alex B. Long
If The Train Should Jump The Track ...: Divergent Interpretations Of State And Federal Employment Discrimination Statutes, Alex B. Long
Scholarly Works
As interpretational issues surrounding federal employment discrimination statutes have become more complex and controversial, there have arisen more opportunities for parallel state anti-discrimination law to jump the track and take alternative courses. Not surprisingly, when dealing with their own parallel state statutes, a number of state appellate courts in recent years have chosen this course of action. Even where state and federal employment discrimination have not yet taken different paths, the potential for such divergent interpretations of state and federal anti-discrimination law has increased in recent years to the point where we may enter an era not unlike that of …
Disciplinary Differences, Dwight Aarons
Nationwide Preclearance Of Section Five Of The 1965 Voting Rights Act: Implementing The Fifteenth Amendment, Dwight Aarons
Nationwide Preclearance Of Section Five Of The 1965 Voting Rights Act: Implementing The Fifteenth Amendment, Dwight Aarons
Scholarly Works
No abstract provided.