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Civil Rights and Discrimination Commons

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Full-Text Articles in Civil Rights and Discrimination

Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2003

Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Book Review Of Against Equality Of Opportunity, Michael Ashley Stein Jan 2003

Book Review Of Against Equality Of Opportunity, Michael Ashley Stein

Faculty Publications

No abstract provided.


Critical Interventions: Toward An Expansive Equality Approach To The Doctrine Of Good Faith In Contract Law, Emily Houh Jan 2003

Critical Interventions: Toward An Expansive Equality Approach To The Doctrine Of Good Faith In Contract Law, Emily Houh

Faculty Articles and Other Publications

This article argues that courts should use the doctrine of good faith in contract law to prohibit improper considerations of race in contract formation and performance, and should recognize good faith as a device for eliminating racial subordination that can function beyond the scope of conventional civil rights discourse. Although civil rights laws provide important remedies to victims of discrimination, the elimination of racial subordination cannot remain the exclusive domain of civil rights law. Rather, other substantive areas of law can and should incorporate expansive equality principles to achieve that end. For example, this article demonstrates how the implied obligation …


The Colorblind Lottery, Pauline Kim Jan 2003

The Colorblind Lottery, Pauline Kim

Scholarship@WashULaw

Although the Supreme Court upheld Michigan Law School's admissions policies in Grutter, the multiple opinions in that case revealed the deep divisions that remain over the legitimacy of race-conscious policies and the meaning of equal protection. At the heart of this division lies disagreement over the concept of colorblindness. For Justices Scalia and Thomas, as well as the advocacy groups that backed the plaintiffs in Grutter and Gratz, colorblindness is an absolute imperative, prohibiting race-conscious decision-making in all but the most dire situations. This insistence on formal colorblindness has lead to the conclusion in several recent court cases that race-conscious …


Reasonable Accommodation As Part And Parcel Of The Antidiscrimination Project, Mary Crossley Jan 2003

Reasonable Accommodation As Part And Parcel Of The Antidiscrimination Project, Mary Crossley

Articles

Numerous commentators have characterized the ADA's reasonable accommodation mandate - which sometimes requires employers to take affirmative steps that treat an individual with a disability differently from other workers - as a departure from the fundamental precepts of antidiscrimination law. These characterizations, however, fail to appreciate either the insights offered by disability theorists regarding the sources of inequality experienced by people with disabilities or the intrinsic conceptual kinship between the ADA's accommodation requirement and disparate impact liability and hostile environment liability under Title VII. Disability theory scholarship affirms that society's historic disregard for and devaluation of people with disabilities has …


Immigration Restrictions As Employment Discrimination, Howard F. Chang Jan 2003

Immigration Restrictions As Employment Discrimination, Howard F. Chang

All Faculty Scholarship

In this paper, I analyze restrictions on immigration to the United States as a form of government-mandated employment discrimination against aliens. Through our immigration laws, we deny aliens access to valuable employment opportunities that are open to natives. Under our immigration and nationality laws, we base this discrimination explicitly on circumstances of birth beyond the control of the alien. I argue that immigration restrictions thereby violate our liberal ideals of equality, which require a cosmopolitan perspective that extends equal concern to all individuals. Furthermore, even if we assume a less demanding moral theory that allows us to give the interests …


Immigration And The Workplace: Immigration Restrictions As Employment Discrimination, Howard F. Chang Jan 2003

Immigration And The Workplace: Immigration Restrictions As Employment Discrimination, Howard F. Chang

All Faculty Scholarship

No abstract provided.


Litigation Narratives: Why Jensen V. Ellerth Didn't Change Sexual Harassment Law, But Still Has A Story Worth Telling, Melissa Hart Jan 2003

Litigation Narratives: Why Jensen V. Ellerth Didn't Change Sexual Harassment Law, But Still Has A Story Worth Telling, Melissa Hart

Publications

No abstract provided.