Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 4 of 4

Full-Text Articles in Law

New Governance And Rights-Claims, Vlad F. Perju Aug 2011

New Governance And Rights-Claims, Vlad F. Perju

Boston College Law School Faculty Papers

I. Ideas as catalysts: Rights and the struggle for recognition of persons with disabilities

II. Strategic and communicative components of rights-claims

III. Two conceptions of responsiveness: An excursus into constitutional theory

Conclusion: The not-so-strange alchemy of new governance and “old government”


Trade Justice And Security, Frank J. Garcia Oct 2005

Trade Justice And Security, Frank J. Garcia

Boston College Law School Faculty Papers

[Refers to Revised Draft, December 9, 2005] The social psychology literature on justice suggests that the perception of injustice produces the strongest human emotional response. Perceptions of injustice can lead to conflicts over the justice of social outcomes, threatening social cohesion and security. Trade law, and globalization more generally, are increasingly perceived as unjust with respect to the interests of developing countries and of the poor in all countries. To the extent that the various stakeholders in globalization perceive a lack of reciprocity between their investment and their return, they will naturally address their claims of injustice towards the global ...


Reflections On The Supreme Court's 1988 Term: The Employment Discrimination Decisions And The Abandonment Of The Second Reconstruction, Mark S. Brodin Jan 1989

Reflections On The Supreme Court's 1988 Term: The Employment Discrimination Decisions And The Abandonment Of The Second Reconstruction, Mark S. Brodin

Boston College Law School Faculty Papers

Eight decisions of the 1988 Term effectively rewrote Title VII of the Civil Rights Act of 1964 and threatened to undo the significant gains in equal employment opportunity that had been achieved since its enactment. Established modes of proof, theories of recovery, entitlement to attorneys’ fees, and the enforceability of affirmative action decrees were all significantly altered in ways that advantaged employers and burdened plaintiffs. Congress would later respond with the Civil Rights Act of 1991, restoring and even extending the protections for minorities and women.


The Role Of Fault And Motive In Defining Discrimination: The Seniority Question Under Title Vii, Mark S. Brodin Jan 1984

The Role Of Fault And Motive In Defining Discrimination: The Seniority Question Under Title Vii, Mark S. Brodin

Boston College Law School Faculty Papers

Seniority systems play an important role in American industry, often governing rights to promotion, pay scales, layoff, and relative entitlement to ancillary benefits. Seniority based decision making protects employees from arbitrary employer action, yet seniority's same protective feature often may frustrate minorities' efforts to achieve actual equal employment opportunity Relying on Title Vii's section 703(h), the Supreme Court has held that seniority systems are immune from attack unless discriminatory intent is shown. In this Article, Professor Brodin reviews the evolution of the intent standard now governing seniority system challenges. He contrasts the Supreme Court's restrictive definition ...