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Articles 1 - 13 of 13
Full-Text Articles in Labor and Employment Law
Dehumanization 'Because Of Sex': The Multiaxial Approach To The Title Vii Rights Of Sexual Minorities, Shirley Lin
Dehumanization 'Because Of Sex': The Multiaxial Approach To The Title Vii Rights Of Sexual Minorities, Shirley Lin
Elisabeth Haub School of Law Faculty Publications
Although Title VII prohibits discrimination against any employee “because of such individual’s . . . sex,” legal commentators have not yet accurately appraised Title VII’s trait and causation requirements embodied in that phrase. Since 2015, most courts assessing the sex discrimination claims of LGBT employees began to intentionally analyze “sex” as a trait using social-construction evidence, and evaluated separately whether the discriminatory motive caused the workplace harm. Responding to what this Article terms a “doctrinal correction” to causation within this groundswell of decisions, the Supreme Court recently issued an “expansive” and “sweeping” reformulation of but-for causation in Bostock v. Clayton …
Will Conservative Justices Sound The Death Knell Of State Action? Be Careful For What You Wish, Anne M. Lofaso
Will Conservative Justices Sound The Death Knell Of State Action? Be Careful For What You Wish, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Forced Labor, Revisited: The Thirteenth Amendment And Abortion, Andrew Koppelman
Forced Labor, Revisited: The Thirteenth Amendment And Abortion, Andrew Koppelman
Faculty Working Papers
Many recent works on the Thirteenth Amendment break new ground, deploying the amendment in new and creative ways. This is not one of them. I here restate an argument I made twenty years ago, defending abortion rights on the basis of the amendment. I then consider how the work was received, offer some amendments to the argument, and conclude with some reflections on how, perhaps, it can have more influence in the future.
Grutter At Work: A Title Vii Critique Of Constitutional Affirmative Action, Jessica Bulman-Pozen
Grutter At Work: A Title Vii Critique Of Constitutional Affirmative Action, Jessica Bulman-Pozen
Faculty Scholarship
This Note argues that Title VII doctrine both illuminates internal contradictions of Grutter v. Bollinger and provides a framework for reading the opinion. Grutter's diversity rationale is a broad endorsement of integration that hinges on the quantitative concept of critical mass, but the opinion's narrow-tailoring discussion instead points to a model of racial difference that champions subjective decisionmaking and threatens to jettison numerical accountability. Title VII doctrine supports a reading of Grutter that privileges a view of diversity as integration and therefore cautions against the opinion's conception of narrow tailoring. Grutter, in turn, can productively inform employment discrimination law. The …
Section 1983, The First Amendment, And Public Employee Speech: Shaping The Right To Fit The Remedy (And Vice Versa), Michael Wells
Section 1983, The First Amendment, And Public Employee Speech: Shaping The Right To Fit The Remedy (And Vice Versa), Michael Wells
Scholarly Works
This Article is not about theories of free speech and how they bear on the public employment context, nor does it contribute to the academic debate over what the aims of public employee speech law ought to be. I take the Court at its word when it says that its aim is to give substantial weight to both the value of speech and the government's interest as an employer. Unlike Massaro and Ingber, I take it as a given that the government may insist on hierarchy and obedience to authority in the workplace. Unlike Rosenthal, I begin from the Court's …
Rethinking Rawls' Theory Of Liberty And Rights, James W. Nickel
Rethinking Rawls' Theory Of Liberty And Rights, James W. Nickel
Articles
No abstract provided.
United States V. Paradise, Lewis F. Powell Jr.
United States V. Paradise, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States Railroad Retirement Board V. Fritz, Lewis F. Powell Jr.
United States Railroad Retirement Board V. Fritz, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
New York City Transit Authority V. Beazer, Lewis F. Powell Jr.
New York City Transit Authority V. Beazer, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Mathews V. Goldfarb, Lewis F. Powell Jr.
Mathews V. Goldfarb, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Cleveland Board Of Education V. Lafleur, Lewis F. Powell Jr.
Cleveland Board Of Education V. Lafleur, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Pittsburgh Press Co. V. Pittsburgh Commission On Human Relations, Et. Al., Lewis F. Powell Jr.
Pittsburgh Press Co. V. Pittsburgh Commission On Human Relations, Et. Al., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Constitutional Law--Jurisdiction Of State Courts Over Causes Arising Under Federal Employer's Liability Act, Bernard C. Gavit
Constitutional Law--Jurisdiction Of State Courts Over Causes Arising Under Federal Employer's Liability Act, Bernard C. Gavit
Articles by Maurer Faculty
No abstract provided.