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Civil Rights and Discrimination Commons

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Articles 1 - 5 of 5

Full-Text Articles in Civil Rights and Discrimination

Reforming U.S. Immigration Policy In An Era Of Latin American Immigration: The Logic Inherent In Accommodating The Inevitable, Ryan D. Frei May 2005

Reforming U.S. Immigration Policy In An Era Of Latin American Immigration: The Logic Inherent In Accommodating The Inevitable, Ryan D. Frei

University of Richmond Law Review

No abstract provided.


Recapturing Summary Adjudication Principles In Disparate Treatment Cases, Henry L. Chambers, Jr. Jan 2005

Recapturing Summary Adjudication Principles In Disparate Treatment Cases, Henry L. Chambers, Jr.

Law Faculty Publications

In the last decade, just as Title VII jury trials have become common, the Supreme Court has given judges more latitude to dispose of both weak and fairly strong disparate treatment cases through summary adjudication, even when Title VII liability is plausible pursuant to the McDonnell Douglas test. 11 This article explains how the Court's disparate treatment jurisprudence results in the abandonment of the summary adjudication principle that weak but winnable cases should be tried before a jury and suggests that the Court correct its mistake. Part I of this article discusses the Supreme Court's summary adjudication doctrine. Part II …


Pennsylvania State Police V. Suders: The Constructive Discharge Doctrine's Applicabilityto Title Vii Sexual Harassment Cases And The Availabilityof The Ellerth/Faragher Affirmative Defense, Laura Marston Jan 2005

Pennsylvania State Police V. Suders: The Constructive Discharge Doctrine's Applicabilityto Title Vii Sexual Harassment Cases And The Availabilityof The Ellerth/Faragher Affirmative Defense, Laura Marston

Richmond Journal of Law and the Public Interest

This note examines the Court's decision in Suders and the evolution of the constructive discharge doctrine, specifically its applicability to Title VII sexual harassment cases. Part II analyzes the origins and purpose of the doctrine. Part III discusses the Court's previous decisions in Burlington Industries, Inc. v. Ellerth4 and Faragher v. Boca Raton, which set the framework for Suders by establishing the important affirmative defense to Title VII constructive discharge cases that the Court in Suders more clearly defined. Part IV considers the Supreme Court's decision in Suders in light of Ellerth and Faragher, and Part V concludes with the …


Implications Of A Uniracial Worldview: Race And Rights In A New Era, Jonathan K. Stubbs Jan 2005

Implications Of A Uniracial Worldview: Race And Rights In A New Era, Jonathan K. Stubbs

Law Faculty Publications

This article begins by asking, "What is Race: Some Modem Western Perspectives?" Section I surveys race from various vantage points, including views associated with social and natural scientists, jurists, and members of the general public. In short, Section I grapples with what we currently mean when we use the term race.

Many people, especially westerners, believe that the human family consists of multiple races. Such thinking flows from and reinforces multi-racial worldviews. Thus, Section II asks: "What Does a Multi-racial Worldview Look Like?" Here, using graphic symbols we attempt to communicate some sense of what a multi- racial perspective involves. …


Pennsylvania State Police V. Suders: The Constructive Discharge Doctrine's Applicability To Title Vii Sexual Harassment Cases And The Availabilityof The Ellerth/Faragher Affirmative Defense, Laura Marston Jan 2005

Pennsylvania State Police V. Suders: The Constructive Discharge Doctrine's Applicability To Title Vii Sexual Harassment Cases And The Availabilityof The Ellerth/Faragher Affirmative Defense, Laura Marston

Richmond Public Interest Law Review

This note examines the Court's decision in Suders and the evolution of the constructive discharge doctrine, specifically its applicability to Title VII sexual harassment cases. Part II analyzes the origins and purpose of the doctrine. Part III discusses the Court's previous decisions in Burlington Industries, Inc. v. Ellerth4 and Faragher v. Boca Raton, which set the framework for Suders by establishing the important affirmative defense to Title VII constructive discharge cases that the Court in Suders more clearly defined. Part IV considers the Supreme Court's decision in Suders in light of Ellerth and Faragher, and Part V concludes with the …