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Articles 1 - 30 of 157
Full-Text Articles in Civil Rights and Discrimination
Fax: The White House Office Of The Press Secretary December 8, 1997, The White House
Fax: The White House Office Of The Press Secretary December 8, 1997, The White House
Saffy Collection - All Textual Materials
Memorandum for the Secretary of State. A fax disseminate the “Presidential determination on waiver and certification of statutory provisions regarding the Palestine Liberation Organization”.
Hoodwink'd By Custom: The Exclusion Of Women From Juries In Eighteenth-Century English Law And Literature, Judy M. Cornett
Hoodwink'd By Custom: The Exclusion Of Women From Juries In Eighteenth-Century English Law And Literature, Judy M. Cornett
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Evaluating Purely Reproductive Disorders Under The Americans With Disabilities Act, Todd Lebowitz
Evaluating Purely Reproductive Disorders Under The Americans With Disabilities Act, Todd Lebowitz
Michigan Law Review
Approximately 2.8 million American couples suffer from infertility, a condition generally defined by the medical community as the failure to conceive after one year of unprotected intercourse. During the past thirty years, diagnostic and therapeutic techniques for treating infertility have improved drastically, enabling many previously infertile couples to bear children. These techniques, however, involve considerable expense and inconvenience, frequently requiring patients to take time off from work. Disputes with employers may follow, sometimes resulting in the infertile employee's termination. Some terminated employees, claiming that infertility constitutes a disability, then sue their former employers under the Americans with Disabilities Act of …
Section 2: Moot Court, Piscataway Township Board Of Education V. Taxman, Institute Of Bill Of Rights Law, William & Mary Law School
Section 2: Moot Court, Piscataway Township Board Of Education V. Taxman, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 3: The Court And Race Relations, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: The Court And Race Relations, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 6: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Wagging The Dog--If The State Of Hawaii Accepts Same-Sex Marriage Will Other States Have To?: An Examination Of Conflict Of Laws And Escape Devices , Rebecaa S. Paige
Wagging The Dog--If The State Of Hawaii Accepts Same-Sex Marriage Will Other States Have To?: An Examination Of Conflict Of Laws And Escape Devices , Rebecaa S. Paige
American University Law Review
No abstract provided.
Constitutional Law—Gender Equality And Single-Sex Education. United States V. Virginia, 116 S. Ct. 2264 (1996)., Heather Larkin Eason
Constitutional Law—Gender Equality And Single-Sex Education. United States V. Virginia, 116 S. Ct. 2264 (1996)., Heather Larkin Eason
University of Arkansas at Little Rock Law Review
No abstract provided.
Ronald Dworkin's The Moral Reading Of The Constitution: A Critique, Raoul Berger
Ronald Dworkin's The Moral Reading Of The Constitution: A Critique, Raoul Berger
Indiana Law Journal
No abstract provided.
"Supervisor" Hostile Environment Sexual Harassment Claims, Liability Insurance, And The Trend Towards Negligence, Amanda D. Smith
"Supervisor" Hostile Environment Sexual Harassment Claims, Liability Insurance, And The Trend Towards Negligence, Amanda D. Smith
University of Michigan Journal of Law Reform
A lack of settled standards for determining liability in supervisor hostile environment sexual harassment lawsuits combined with similar uncertainty in the context of employer liability insurance coverage has resulted in increased litigation in this area. This Note argues that the current predominant standard in the employer liability context, which is based on negligence principle should be rejected in favor of an apparent authority standard, which more appropriately strikes a balance between encouraging employers to identify harassing behaviors and exonerating them from liability when they do so and take appropriate remedial action. It further argues that in order to develop effective …
Modern Discrimination Theory And The National Labor Relations Act, Rebecca H. White
Modern Discrimination Theory And The National Labor Relations Act, Rebecca H. White
Scholarly Works
This Article explores the concept of discrimination under the NLRA [National Labor Relations Act]. Specifically, it examines discrimination under the statute through the lens of Title VII, an approach that brings a fresh perspective to doctrine long considered settled. The purpose of this comparison is to explore the extent to which Title VII's discrimination concepts make sense under the NLRA. This analysis focuses on three specific areas. First, it examines discrimination cases under section 8(a)(1), concluding that the lower courts are wrong to apply Title VII concepts and to insist that without disparate treatment of union activities, no unlawful discrimination …
Diversity: The Red Herring Of Equal Protection, Sharon E. Rush
Diversity: The Red Herring Of Equal Protection, Sharon E. Rush
UF Law Faculty Publications
Couching the constitutional inquiry in cases like Bakke and VMI in the context of integration also puts in perspective the diversity justification. Affirmative action policies are constitutional because they integrate state programs. Integration on the basis of race and sex also diversifies state programs. In contrast, attempts to justify sex-segregation in state programs by arguing the policy promotes diversity is irrelevant to an equal protection analysis. Voluntarily created all-female schools should be constitutional because they promote the equal citizenship of women without damaging the equal citizenship stature of men. This is true for voluntarily race-segregated programs for minorities; as well. …
Holocaust Denial And The First Amendment: The Quest For Truth In A Free Society, Kenneth Lasson
Holocaust Denial And The First Amendment: The Quest For Truth In A Free Society, Kenneth Lasson
All Faculty Scholarship
From the ashes of the Holocaust we have come once again to learn the terrible truth, that the power of Evil cannot be underestimated. Nor can the effect of the spoken and written word. It has been but a half-century since the liberation of Nazi death camps, a little more than a decade since the First International Conference on the Holocaust and Human Rights, and a few short years since the United States Holocaust Memorial Museum first put on display its documentation of horror. Yet today that form of historical revisionism popularly called "Holocaust denial" abounds worldwide in all its …
The Little Rock Crisis And Foreign Affairs: Race, Resistance, And The Image Of American Democracy, Mary L. Dudziak
The Little Rock Crisis And Foreign Affairs: Race, Resistance, And The Image Of American Democracy, Mary L. Dudziak
Mary L. Dudziak
When President Dwight D. Eisenhower sent federal troops to Little Rock, Arkansas to enforce a school desegregation order at Central High School in the fall of 1957, more than racial equality was at issue. The image of American democracy was at stake. The Little Rock crisis played out on a world stage, as news media around the world covered the crisis. During the weeks of impasse leading up to Eisenhower's dramatic intervention, foreign critics questioned how the United States could argue that its democratic system of government was a model for others to follow when racial segregation was tolerated in …
Doma As A Defensible Exercise Of Congressional Power Under The Full-Faith-And-Credit Clause, Timothy Joseph Keefer
Doma As A Defensible Exercise Of Congressional Power Under The Full-Faith-And-Credit Clause, Timothy Joseph Keefer
Washington and Lee Law Review
No abstract provided.
Race, Class, And Gender Essentialism In Tax Literature: The Joint Return, Dorothy A. Brown
Race, Class, And Gender Essentialism In Tax Literature: The Joint Return, Dorothy A. Brown
Washington and Lee Law Review
No abstract provided.
Reflections On Constitutional Interpretation, Raoul Berger
Reflections On Constitutional Interpretation, Raoul Berger
BYU Law Review
No abstract provided.
A Funny Thing Happened On The Way To The (Alternative) Forum: Reexamjnjng Alexander V. Gardner-Denver In The Wake Of Gilmer V. Interstate/Johnson Lane Corp., Sarah Rudoph Cole
A Funny Thing Happened On The Way To The (Alternative) Forum: Reexamjnjng Alexander V. Gardner-Denver In The Wake Of Gilmer V. Interstate/Johnson Lane Corp., Sarah Rudoph Cole
BYU Law Review
No abstract provided.
The Abled, Disabled, And Enabled: Is Seeing The Difference A Learning Disability Or Merely A Crime?, Ibpp Editor
The Abled, Disabled, And Enabled: Is Seeing The Difference A Learning Disability Or Merely A Crime?, Ibpp Editor
International Bulletin of Political Psychology
This article identifies many of the Issues underlying the controversy over providing special accommodations for people who state that they have learning disabilities.
Abusing Deaf Immigrants And Hearing No Evil, Ibpp Editor
Abusing Deaf Immigrants And Hearing No Evil, Ibpp Editor
International Bulletin of Political Psychology
The author discusses the on-going abuse of deaf immigrants.
Psychosocial Risks Of Storing And Using Human Tissues In Research, Jon F. Merz
Psychosocial Risks Of Storing And Using Human Tissues In Research, Jon F. Merz
RISK: Health, Safety & Environment (1990-2002)
Dr. Merz argues that genetics technology makes it more compelling that researchers plan more carefully for the collection and disposition of information derived from subjects' tissues and blood.
The Current Assault On Constitutional Rights And Civil Liberties: Origins And Approaches, Nadine Strossen
The Current Assault On Constitutional Rights And Civil Liberties: Origins And Approaches, Nadine Strossen
West Virginia Law Review
No abstract provided.
An Equal Opportunity Disorder, Ibpp Editor
An Equal Opportunity Disorder, Ibpp Editor
International Bulletin of Political Psychology
This article describes some of the problems associated with the worthy endeavor of minimizing discrimination against people diagnosed with mental disorders.
Affirmative Action Implications For Colleges And Universities Beyond The Scholarship And Student Admissions Areas, Ellen R. Dassance
Affirmative Action Implications For Colleges And Universities Beyond The Scholarship And Student Admissions Areas, Ellen R. Dassance
William & Mary Bill of Rights Journal
In Podberesky v. Kirwan, the Fourth Circuit held that a University of Maryland scholarship designated for African-American students violated the Constitution's Equal Protection Clause. In so holding, the court contributed to the recent tradition of dismantling affirmative action programs in higher education. This Note explores the implications of Podberesky for other university settings, particularly faculty hiring and endowment programs. The first part of the Note's analysis concentrates on ways in which the Podberesky rationale may -be extended to university ,programs other than scholarships and student admissions. The Fourth Circuit's employment of a narrow set of factors in reviewing the scholarship …
Mcknight V. Rees: Delineating The Qualified Immunity "Haves" And "Have-Nots" Among Private Parties, James L. Ahlstrom
Mcknight V. Rees: Delineating The Qualified Immunity "Haves" And "Have-Nots" Among Private Parties, James L. Ahlstrom
BYU Law Review
No abstract provided.
Title Ix Liability For The Inaction Of Educational Institutions Or Their Agents: Responding To Rowinsky V. Bryan Independent School District, Jeremiah J. Morgan
Title Ix Liability For The Inaction Of Educational Institutions Or Their Agents: Responding To Rowinsky V. Bryan Independent School District, Jeremiah J. Morgan
BYU Law Review
No abstract provided.
The Equal Rights Amendment: Why The Era Remains Legally Viable And Properly Before The States, Allison L. Held, Sheryl L. Herndon, Danielle M. Stager
The Equal Rights Amendment: Why The Era Remains Legally Viable And Properly Before The States, Allison L. Held, Sheryl L. Herndon, Danielle M. Stager
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Use Of Self-Regulation To Curb Discrimination And Sexual Harassment In The Legal Profession, Joan Brockman
The Use Of Self-Regulation To Curb Discrimination And Sexual Harassment In The Legal Profession, Joan Brockman
Osgoode Hall Law Journal
Many law societies in Canada have responded to studies documenting gender bias and sexual harassment in the legal profession by introducing anti-discrimination rules. The Law Society of British Columbia introduced anti-discrimination rules in 1993. This article discusses the attitudes of a stratified random sample of lawyers (50 women and 50 men) called to the Bar in British Columbia between 1986 and 1990, gathered through in-depth interviews conducted in 1993-94. It addresses the question of whether they think the Law Society's rules prohibiting discrimination and sexual harassment will be effective. The article also raises some questions about the role of self-regulation …
Slavery And The Arkansas Supreme Court, L. Scott Stafford
Slavery And The Arkansas Supreme Court, L. Scott Stafford
University of Arkansas at Little Rock Law Review
No abstract provided.
More Than A Congressional Joke: A Fresh Look At The Legislative History Of Sex Discrimination Of The 1964 Civil Rights Act, Robert C. Bird
More Than A Congressional Joke: A Fresh Look At The Legislative History Of Sex Discrimination Of The 1964 Civil Rights Act, Robert C. Bird
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.