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Civil Rights and Discrimination Commons™
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- Affirmative action (1)
- Age Discrimination in Employment Act (1)
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- History of American Sentencing (1)
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Articles 1 - 4 of 4
Full-Text Articles in Civil Rights and Discrimination
Disbelief Doctrines, Sandra F. Sperino
Disbelief Doctrines, Sandra F. Sperino
Faculty Articles and Other Publications
Employment discrimination law is riddled with doctrines that tell courts to believe employers and not workers. Judges often use these disbelief doctrines to dismiss cases at the summary judgment stage. At times, judges even use them after a jury trial to justify nullifying jury verdicts in favor of workers.
This article brings together many disparate discrimination doctrines and shows how they function as disbelief doctrines, causing courts to believe employers and not workers. The strongest disbelief doctrines include the stray comments doctrine, the same decisionmaker inference, and the same protected class inference. However, these are not the only ones. Even …
Discrimination Law: The New Franken-Tort, Sandra F. Sperino
Discrimination Law: The New Franken-Tort, Sandra F. Sperino
Faculty Articles and Other Publications
This article was part of the Clifford Symposium in Tort Law. The article discusses how the Supreme Court has used tort law to define certain elements of discrimination law, but has not described all of the elements of this new tort. The article is the first one to try to piece together the new "tort" created by the Supreme Court.
Introduction To Law, Ethics, And Affirmative Action In America, Joseph P. Tomain
Introduction To Law, Ethics, And Affirmative Action In America, Joseph P. Tomain
Faculty Articles and Other Publications
This article discusses the language of the opinion in Grutter v. Bollinger. The rhetoric and language that we use to address race is difficult, if not tortured. The article explains why Grutter should have been an easy case and a simple opinion, and the ways in which the final opinion was anything but simple.
Do The United States Sentencing Guidelines Deprive Defendants Of Due Process?, Bradford Mank
Do The United States Sentencing Guidelines Deprive Defendants Of Due Process?, Bradford Mank
Faculty Articles and Other Publications
It is difficult to determine whether due process requires individualized sentencing because sentencing goals and practices have varied greatly during the course of this nation's history. A court applying Judge Bork's original intent doctrine of constitutional interpretation would probably reach a result different from that reached by a court employing a more liberal view of due process protections.1o It is likely that liberals and conservatives on the current Supreme Court would disagree on whether the Guidelines violate due process.
This article argues that the Guidelines can be saved and can satisfy due process requirements if the Supreme Court interprets the …