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Full-Text Articles in Legal History

Covering And Identity Performance In Employment Discrimination Law, Megan Von Borstel Jan 2019

Covering And Identity Performance In Employment Discrimination Law, Megan Von Borstel

Washington University Jurisprudence Review

At a time when the law is transforming gay rights, the LGBTQ

community finds itself at the climax of its latest civil rights challenge:

federal employment non-discrimination protections. This Note addresses

the federal circuit split regarding whether Title VII’s prohibition against

sex discrimination includes a prohibition on the basis of sexual

orientation. By integrating the Seventh Circuit’s analysis in Hively v. Ivy

Tech Community College within the frameworks of intersectionality,

identity performance, and queer theory, this Note evaluates how an

evolving understanding of Title VII’s protections affect members of the

LGBTQ communities.


After Shelby County V. Holder, Can Independent Commissions Take The Place Of Section 5 Of The Voting Rights Act?, Brittany C. Armour Jan 2017

After Shelby County V. Holder, Can Independent Commissions Take The Place Of Section 5 Of The Voting Rights Act?, Brittany C. Armour

Washington University Journal of Law & Policy

This Note traces the consequences of the Supreme Court’s decision in Shelby County v. Holder, which held unconstitutional the preclearance formula of the Voting Rights Act that required some states and counties to obtain federal authorization before changing voting procedures. Armour traces the history of the Voting Rights Act and the role independent commissions can play in ensuring that such facially neutral procedures do not have a disparate impact on minority communities. Armour advocates for independent commissions to take the place left empty by the Supreme Court’s rejection of the old preclearance formula suggesting that these commissions are ...