Open Access. Powered by Scholars. Published by Universities.®
Civil Rights and Discrimination Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pennsylvania Carey Law School (2)
- William & Mary Law School (2)
- Brigham Young University Law School (1)
- Maurer School of Law: Indiana University (1)
- Mitchell Hamline School of Law (1)
-
- Osgoode Hall Law School of York University (1)
- SelectedWorks (1)
- University at Buffalo School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Cincinnati College of Law (1)
- University of Colorado Law School (1)
- University of Michigan Law School (1)
- University of Oklahoma College of Law (1)
- University of Pittsburgh School of Law (1)
- Villanova University Charles Widger School of Law (1)
- Keyword
-
- Civil Rights (2)
- Civil Rights Act of 1964 (2)
- Discrimination (2)
- Employment (2)
- Sexual harassment (2)
-
- Title VII (2)
- ADA (1)
- Abuse (1)
- Actionable harm (1)
- Adverse employment action (1)
- Affirmative Action (1)
- Affirmative action (1)
- Affirmative defenses (1)
- Alabama State Troopers (1)
- Book Review (1)
- Book review (1)
- Civil disobedience (1)
- Civil rights (1)
- Class Action: The Story of Lois Jenson and the Landmark Case that Changed Sexual Harassment Law (1)
- Class actions (1)
- Contracts (1)
- Critical race theory (1)
- Darwinian (1)
- Derecho Procesal Civil (1)
- Disability law (1)
- Discrimination against people with disabilities (1)
- Discrimination in Employment (1)
- Discrimination in employment (1)
- Discriminatory treatment (1)
- Disparate impact (Employment discrimination) (1)
- Publication
-
- All Faculty Scholarship (2)
- Articles (1)
- BYU Law Review (1)
- Buffalo Women's Law Journal (1)
- Edward Ivan Cueva (1)
-
- Faculty Articles and Other Publications (1)
- Faculty Publications (1)
- Indiana Law Journal (1)
- Michigan Law Review (1)
- Oklahoma Law Review (1)
- Osgoode Hall Law Journal (1)
- Publications (1)
- Supreme Court Preview (1)
- The Journal of Appellate Practice and Process (1)
- Villanova Law Review (1)
- William Mitchell Law Review (1)
- Publication Type
Articles 1 - 17 of 17
Full-Text Articles in Civil Rights and Discrimination
Abuse Of Female Sweatshop Laborers: Another Form Of Sexual Harassment That Does Not Fit Neatly Into The Judiciary's Current Understanding Of Discrimination Because Of Sex, Gregory A. Bullman
Abuse Of Female Sweatshop Laborers: Another Form Of Sexual Harassment That Does Not Fit Neatly Into The Judiciary's Current Understanding Of Discrimination Because Of Sex, Gregory A. Bullman
Indiana Law Journal
No abstract provided.
Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Man Who Gave In To Jealous Wife's Demands By Firing Pregnant Secretary Committed Pregnancy Discrimination, Says The New York Court Of Appeals, Amanda Jordan
Buffalo Women's Law Journal
No abstract provided.
Adams V. Florida Power Corp. And The Trend Of Lowering An Employer's Burden Of Proof To Rebut Age Discrimination Claims, Daniel K. Brough
Adams V. Florida Power Corp. And The Trend Of Lowering An Employer's Burden Of Proof To Rebut Age Discrimination Claims, Daniel K. Brough
BYU Law Review
No abstract provided.
Pretender In Paradise, J. Richard Cohen
Pretender In Paradise, J. Richard Cohen
The Journal of Appellate Practice and Process
No abstract provided.
What's Law Got To Do With It?: Historical Considerations On Class Struggle, Boundaries Of Constraint, And Capitalist Authority, Bryan D. Palmer
What's Law Got To Do With It?: Historical Considerations On Class Struggle, Boundaries Of Constraint, And Capitalist Authority, Bryan D. Palmer
Osgoode Hall Law Journal
This article offers a preliminary theoretical statement on the law as a set of boundaries constraining class struggle in the interests of capitalist authority. But those boundaries are not forever fixed, and are constantly evolving through the pressures exerted on them by active working-class resistance, some of which takes the form of overt civil disobedience. To illustrate this process, the author explores the ways in which specific moments of labour upheaval in 1886, 1919, 1937, and 1946 conditioned the eventual making of industrial legality. When this legality unravelled in the post-World War II period, workers were left vulnerable and their …
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Resolving The Title Vii Partner-Employee Debate, Kristin Nicole Johnson
Resolving The Title Vii Partner-Employee Debate, Kristin Nicole Johnson
Michigan Law Review
In January of 2001, a New York court issued an order affirming a plaintiff's ability to bring suit against a law firm partnership for discriminatory acts that occurred during her tenure as an associate at the firm. The plaintiff, Stacy Ballen-Stier, joined Hahn & Hessen, L.L.P. as an associate and, on January 1, 1997, the firm invited her to join the partnership. According to Ms. Ballen-Stier's complaint, the words and actions of a fellow partner, Mr. Blejwas, created a hostile and abusive work environment and continued to plague her "even when [she] was away from the office." Ms. Ballen-Stier alleged …
Book Review Of Against Equality Of Opportunity, Michael Ashley Stein
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
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 …
Unlawful Discrimination Or A Necessity For A Fair Trial?: Exclusion Of A Law Clerk With A Disability From The Courtroom During Jury Trial Of A Personal Injury Case, Luther A. Granquist
Unlawful Discrimination Or A Necessity For A Fair Trial?: Exclusion Of A Law Clerk With A Disability From The Courtroom During Jury Trial Of A Personal Injury Case, Luther A. Granquist
William Mitchell Law Review
Today, the judicial system, broadly viewed to include bench and bar, jurors, and court personnel, includes more persons of color and more women than ever before. Issues of discrimination on the basis of race and gender continue, but progress has been made. However, few persons with evident disabilities practice law or sit on the bench. Perhaps that is why the very presence of a man with serious disabilities prompts concerns about the effect that he will have, just being there, on the outcome of a case. When more persons with evident disabilities, more persons who use wheelchairs or have personal …
Parsing The Meaning Of Adverse Employment Action In Title Vii Disparate Treatment, Sexual Harassment, And Retaliation Claims: What Should Be Actionable Wrongdoing?, Rosalie Berger Levinson
Parsing The Meaning Of Adverse Employment Action In Title Vii Disparate Treatment, Sexual Harassment, And Retaliation Claims: What Should Be Actionable Wrongdoing?, Rosalie Berger Levinson
Oklahoma Law Review
No abstract provided.
Employers Who Implement Pre-Employment Tests To Screen Their Applicants, Beware (Or Not): An Analysis Of Lanning V. Southeastern Pennsylvania Transportation Authority And The Business Necessity Defense As Applied In Third Circuit Employment Discrimination Cases, Michael R. Sarno
Villanova Law Review
No abstract provided.
Immigration Restrictions As Employment Discrimination, Howard F. Chang
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 …
Reasonable Accommodation As Part And Parcel Of The Antidiscrimination Project, Mary Crossley
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 …
Litigation Narratives: Why Jensen V. Ellerth Didn't Change Sexual Harassment Law, But Still Has A Story Worth Telling, Melissa Hart
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.
Immigration And The Workplace: Immigration Restrictions As Employment Discrimination, Howard F. Chang
Immigration And The Workplace: Immigration Restrictions As Employment Discrimination, Howard F. Chang
All Faculty Scholarship
No abstract provided.