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Full-Text Articles in Jurisprudence
Employment Discrimination Decisions From The October 2008 Term, Drew S. Days Iii
Employment Discrimination Decisions From The October 2008 Term, Drew S. Days Iii
Touro Law Review
Several employment discrimination decisions were handed down this Term. They were Ricci v.DeStefano (Title VII); Gross v.FBL Financial Services, Inc. (Age Discrimination in Employment Act); AT & T Corp. v. Hulteen (Pregnancy Discrimination Act); and 14 Penn Plaza L.L. C. v. Pyett, which concerned the impact of arbitration agreements upon the reach of federal employment discrimination laws.
The October 2008 Term: First Amendment And Then Some, Burt Neuborne
The October 2008 Term: First Amendment And Then Some, Burt Neuborne
Touro Law Review
Liberals must acknowledge a dirty little secret about American constitutional law; a secret that the Warren Court made apparent, though it had existed from the day John Marshall asserted the power of judicial review in a Constitution that says nothing about it. The secret is that there is no serious theory explaining or justifying what courts actually do when they strike down a statute as unconstitutional.
The Warren years were enormously important in moving the country forward. I do not know what we would have done without the wisdom and courage of the Court. But when you start looking for …