Why Reparations To African Descendants In The United States Are Essential To Democracy, 2011 University of Arkansas at Little Rock William H. Bowen School of Law
Why Reparations To African Descendants In The United States Are Essential To Democracy, Adjoa A. Aiyetoro
Faculty Scholarship
No abstract provided.
Some Thoughts On The State Of Women Lawyers And Why Title Vii Has Not Worked For Them, 2011 University of Arkansas at Little Rock William H. Bowen School of Law
Some Thoughts On The State Of Women Lawyers And Why Title Vii Has Not Worked For Them, Theresa M. Beiner
Faculty Scholarship
This essay discusses why women lawyers have not been as successful in large firms in spite of graduating from law school in large numbers over the last twenty years. It begins by giving a snapshot of the state of women lawyers, including women lawyers of color. It includes stories and studies of women’s struggles at these firms. It also describes why Title VII has not worked to solve the problems associated with being a successful woman in a law firm. Finally, it suggests some potential solutions that may help women be more successful in these environments.
Excluding Unemployed Workers From Job Opportunities: Why Disparate Impact Protections Still Matter, 2011 University of Colorado Law School
Excluding Unemployed Workers From Job Opportunities: Why Disparate Impact Protections Still Matter, Helen Norton
Publications
No abstract provided.
Sex Work By Law: Bedford's Impact On The Municipal Regulation Of Sex Work, 2011 Dalhousie University Schulich School of Law
Sex Work By Law: Bedford's Impact On The Municipal Regulation Of Sex Work, Elaine Craig
Articles, Book Chapters, & Popular Press
The recent Ontario trial decision in Bedford suggests three interrelated principles that municipal law makers should consider when formulating bylaws aimed at regulating sex work. These principles, if upheld on appeal, will inform the constitutionality of both current and prospective bylaws regulating sex work in Canadian cities.
In Bedford, Justice Himel concluded that the constitutionality of laws regulating the sex trade must be determined in a legal context which recognizes the violence faced by sex workers. She confirmed that laws that indirectly make sex work more dangerous and harmful must be consistent with those principles that our legal system, through …
The Importance Of Immutability In Employment Discrimination Law, 2011 Case Western Reserve University School of Law
The Importance Of Immutability In Employment Discrimination Law, Sharona Hoffman
Faculty Publications
This article argues that recent developments in employment discrimination law require a renewed focus on the concept of immutable characteristics. In 29 two new laws took effect: the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act Amendments Act (ADAAA). This Article’s original contribution is an evaluation of the employment discrimination statutes as a corpus of law in light of these two additions.
The Article thoroughly explores the meaning of the term “immutable characteristic” in constitutional and employment discrimination jurisprudence. It postulates that immutability constitutes a unifying principle for all of the traits now covered by the employment …
Straight Is Better: Why Law And Society May Legitimately Prefer Heterosexuality, 2011 Case Western Reserve University School of Law
Straight Is Better: Why Law And Society May Legitimately Prefer Heterosexuality, George W. Dent
Faculty Publications
America is embroiled in a culture war over homosexuality. The homosexual movement demands the end of “heteronormativity” - the social and legal preference for heterosexuality. It insists that “Gay Is Good” - just as good as heterosexuality. This article presents a defense of heteronormativity; it argues that straight is better. In particular, it argues that naturally conceiving, bearing and raising children is intrinsically good for parents; that it is both intrinsically and instrumentally good for children to be raised by their biological parents who are married to each other; and that traditional marriage is both intrinsically and instrumentally good for …
Serving 99 To 149 Years For Wearing Butt-Huggers And Resisting To Subscribe To Cable Tv: The Presence Of The Law In Chicano Theatre, 2011 University of California, Irvine
Serving 99 To 149 Years For Wearing Butt-Huggers And Resisting To Subscribe To Cable Tv: The Presence Of The Law In Chicano Theatre, Maria Patrice Amon
Studio for Law and Culture
In the canon of Chicano theatre, the law holds a prominent role; the relationship between Chicanos and the law is a theme explored widely across Chicano theatre in both comedy and tragedy. This paper discusses how the comedy of Chicano theatre conceals the insidiousness of unchallenged racial stereotypes and acts as a safety valve to release the pressures of an abjected community. Yet, where comedy conceals the structure of abjection, drama critically challenges the status quo Chicano drama is capable of questioning the authority of the dominant hegemony over the cultures it oppresses. Beginning from a framing of the law …
Lawyers Suing Law Firms: The Limits On Attorney Employment Discrimination Claims And The Prospects For Creating Happy Lawyers, 2011 University of Missouri - Kansas City, School of Law
Lawyers Suing Law Firms: The Limits On Attorney Employment Discrimination Claims And The Prospects For Creating Happy Lawyers, Nancy Levit
Faculty Works
It is more than a mild irony that anti-discrimination law fails lawyers in particular. This article addresses doctrinal and pragmatic limits on employment discrimination lawsuits by lawyers against their law firms. It considers the failures of the Title VII template to remedy the sorts of discrimination and dissatisfactions lawyers face in the practice of law, and concludes that many of the things that make lawyers unhappy are simply not reachable through employment discrimination lawsuits. The latter portion of the article turns to the recently emerging science of happiness literature. It suggests that the interests of lawyers and their firms may …
Documentary Disenfranchisement, 2011 University of Pittsburgh School of Law
Documentary Disenfranchisement, Jessie Allen
Articles
In the generally accepted picture of criminal disenfranchisement in the United States today, permanent voting bans are rare. Laws on the books in most states now provide that people with criminal convictions regain their voting rights after serving their sentences. This Article argues that the legal reality may be significantly different. Interviews conducted with county election officials in New York suggest that administrative practices sometimes transform temporary voting bans into lifelong disenfranchisement. Such de facto permanent disenfranchisement has significant political, legal, and cultural implications. Politically, it undermines the comforting story that states’ legislative reforms have ameliorated the antidemocratic interaction of …
Inequitable Administration: Documenting Family For Tax Purposes, 2011 University of Pittsburgh School of Law
Inequitable Administration: Documenting Family For Tax Purposes, Anthony C. Infanti
Articles
Family can bring us joy, and it can bring us grief. It can also bring us tax benefits and tax detriments. Often, as a means of ensuring compliance with Internal Revenue Code provisions that turn on a family relationship, taxpayers are required to document their relationship with a family member. Most visibly, taxpayers are denied an additional personal exemption for a child or other dependent unless they furnish the individual’s name, Social Security number, and relationship to the taxpayer.
In this article, I undertake the first systematic examination of these documentation requirements. Given the privileging of the “traditional” family throughout …
The Thirteenth Amendment And Interest Convergence, 2011 University of Pittsburgh School of Law
The Thirteenth Amendment And Interest Convergence, William M. Carter Jr.
Articles
The Thirteenth Amendment was intended to eliminate the institution of slavery and to eliminate the legacy of slavery. Having accomplished the former, the Amendment has only rarely been extended to the latter. The Thirteenth Amendment’s great promise therefore remains unrealized.
This Article explores the gap between the Thirteenth Amendment’s promise and its implementation. Drawing on Critical Race Theory, this Article argues that the relative underdevelopment of Thirteenth Amendment doctrine is due in part to a lack of perceived interest convergence in eliminating what the Amendment’s Framers called the “badges and incidents of slavery.” The theory of interest convergence, in its …
Judges' Gender And Employment Discrimination Cases: Emerging Evidence-Based Empirical Conclusions, 2011 University of Pittsburgh School of Law
Judges' Gender And Employment Discrimination Cases: Emerging Evidence-Based Empirical Conclusions, Pat K. Chew
Articles
This article surveys the emerging empirical research on the relationship between the judges' gender and the results in employment discrimination cases.
Decent Work, Older Workers, And Vulnerability In The Economic Recession: A Comparative Study Of Australia, The United Kingdom, And The United States, 2011 California Western School of Law
Decent Work, Older Workers, And Vulnerability In The Economic Recession: A Comparative Study Of Australia, The United Kingdom, And The United States, Susan Bisom-Rapp, Andrew Frazer, Malcolm Sargeant
Faculty Scholarship
In countries with aging populations, the global recession presents unique challenges for older workers, and compels an assessment of how they are faring. To this end, the International Labour Organization's concept of decent work provides a useful metric or yardstick. Decent work, a multifaceted conception, assists in revealing the interdependence of measures needed to secure human dignity across the course of working lives. With this in mind, in three English-speaking, common law countries (Australia, the United Kingdom, and the United States), this Article considers several decent work principles applicable to older workers and provides evaluations in light of them. Relevant …
Qualified Immunity Dissonance In The Sixth Circuit: Why We Must Return To Reasonableness, 2011 Cleveland State University
Qualified Immunity Dissonance In The Sixth Circuit: Why We Must Return To Reasonableness, Matt Chiricosta
Cleveland State Law Review
The Sixth Circuit's inconsistent jurisprudence threatens the delicate balance that the defense aims to strike between protecting citizens from having their constitutional rights violated on the one hand and protecting government officials from undue interference with their official duties on the other. This Note critiques the medical emergency-law enforcement response capacity the Sixth Circuit has set forth to help adjudicate qualified immunity claims and suggests improvements the court can make to its qualified immunity jurisprudence.In Part II, I briefly trace the Supreme Court's development of the doctrine and outline the doctrine's policy goals. In Part III, I develop my thesis …
Attorney’S Fees In Civil Rights Cases—October 2009 Term, 2011 Touro Law Center
Attorney’S Fees In Civil Rights Cases—October 2009 Term, Martin A. Schwartz
Scholarly Works
No abstract provided.
Ricci V. Destefano: Diluting Disparate Impact And Redefining Disparate Treatment, 2011 University of Nevada, Las Vegas -- William S. Boyd School of Law
Ricci V. Destefano: Diluting Disparate Impact And Redefining Disparate Treatment, Ann C. Mcginley
Scholarly Works
Title VII of the Civil Rights Act of 1964 permits plaintiffs to bring discrimination cases under two different theories: disparate treatment, which requires a showing of the employer’s discriminatory intent, and disparate impact, which holds the employer liable absent intent to discriminate if it uses neutral employment policies or practices that have a disparate impact on a protected group. Ricci v. DeStefano significantly affects the interpretation of both of these theories of discrimination.
Ricci adopts a restrictive interpretation of the disparate impact theory that is inconsistent with Congressional intent and purpose, and signals that intentional discrimination is more important than …
Religion And Race: The Ministerial Exception Reexamined, 2011 University of Nevada, Las Vegas -- William S. Boyd School of Law
Religion And Race: The Ministerial Exception Reexamined, Ian C. Bartrum
Scholarly Works
This essay is a contribution to the Northwestern University Law Review's colloquy on the ministerial exception, convened following the Supreme Court's decision to hear arguments in Hosanna-Tabor v. EEOC.
The author takes the opportunity to consider the (sometimes) competing constitutional values of racial equality and religious freedom. The author offers historical, ethical, and doctrinal arguments for the position that race must trump religion as a constitutional value when the two come into conflict. With this in mind, the author suggests that the ministerial exception should not shield religious employers from anti discrimination suits brought on the basis of race.
Smith And Women's Equality, 2011 University of Nevada, Las Vegas -- William S. Boyd School of Law
Paper Thin: Freedom And Re-Enslavement In The Diaspora Of The Haitian Revolution, 2011 University of Michigan Law School
Paper Thin: Freedom And Re-Enslavement In The Diaspora Of The Haitian Revolution, Rebecca J. Scott
Articles
In the summer of 1809 a flotilla of boats arrived in New Orleans carrying more than 9,000 Saint-Domingue refugees recently expelled from the Spanish colony of Cuba. These migrants nearly doubled the population of New Orleans, renewing its Francophone character and populating the neighborhoods of the Vieux Carre and Faubourg Marigny. At the heart of the story of their disembarkation, however, is a legal puzzle. Historians generally tell us that the arriving refugees numbered 2,731 whites, 3,102 free people of color, and 3,226 slaves. But slavery had been abolished in Saint-Domingue by decree in 1793, and abolition had been ratified …
What’S Wrong With Race-Based Medicine?, 2011 University of Pennsylvania Carey Law School
What’S Wrong With Race-Based Medicine?, Dorothy E. Roberts
All Faculty Scholarship
This article is based on the 2010 Dienard Memorial Lecture on Law and Medicine at University of Minnesota and part of a larger book project, Fatal Invention: How Science, Politics, and Big Business Re-create Race in the Twenty-first Century (The New Press, 2011). In June 2005, the Food and Drug Administration approved the first pharmaceutical indicated for a specific race. Its racial label elicited three types of criticism – scientific, commercial, and political. I discuss the first two controversies en route to what I consider the main problem with race-based medicine – its political implications. By claiming that race, a …