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Back To Color-Blindness: Recent Developments In Race Discrimination Law In The United States, Marcia McCormick 2009 St. Louis University School of Law

Back To Color-Blindness: Recent Developments In Race Discrimination Law In The United States, Marcia Mccormick

Marcia L. McCormick

The United States has a long and somewhat conflicted history of espousing egalitarian values and yet tolerating a certain level of subordination of particular groups to a greater or lesser extent at the same time. Like many countries, it struggles with reconciling the goals of equality, pluralism, and liberty, and the balance has been struck differently at different times. In the current wave of such efforts, the Supreme Court is marking an increasingly formalist approach to the question of discrimination, while Congress appears to be pushing a slightly more substantive approach to discrimination.

The commitment to racial equality is very ...


Ending Death By Dangerousness, William Berry 2009 University of Mississippi Main Campus

Ending Death By Dangerousness, William Berry

William W Berry III

The use of the death penalty (both in number of new death sentences and actual executions) has been steadily decreasing in the past decade. This decrease has largely been attributed to two phenomena: (1) the continued discovery of individuals on death row who are actually innocent of the crimes they committed and (2) the increasing use of life without parole as a sentencing alternative to the death penalty. Abolitionists have successfully seized upon the first of these in raising continuing doubts about the use of the death penalty. This article proposes a deeper exploration of the second, the availability of ...


Laval Returns To Sweden. The Final Judgment Of The Swedish Labour Court And Swedish Legislative Reform, Mia Rönnmar 2009 Lund University

Laval Returns To Sweden. The Final Judgment Of The Swedish Labour Court And Swedish Legislative Reform, Mia Rönnmar

Mia Rönnmar

No abstract provided.


Exploring The Ethicality Of Firing Employees Who Blog, Sean Valentine, Gary Fleischman, Robert Sprague, Lynn Godkin 2009 University of Wyoming

Exploring The Ethicality Of Firing Employees Who Blog, Sean Valentine, Gary Fleischman, Robert Sprague, Lynn Godkin

Robert Sprague

This exploratory study evaluates the ethical considerations related to employees fired for their blogging activities. Specifically, subject evaluations of two employee-related blogging scenarios were investigated with established ethical reasoning and moral intensity scales, and a measure of corporate ethical values was included to assess perceptions of organizational ethics. The first scenario involved an employee who was fired because of innocuous blogging, while the second vignette involved an employee who was fired because of work-related blogging. Survey data were collected from employed college students and working practitioners. The findings indicated that the subjects’ ethical judgments that firing an employee for blogging ...


Acing Contracts, Suzanne Darrow-Kleinhaus 2009 Touro Law Center

Acing Contracts, Suzanne Darrow-Kleinhaus

Suzanne Darrow Kleinhaus

This study aid features an innovative method of content organization. It uses a checklist format to lead students through questions they need to ask to fully evaluate the legal problem they are trying to solve. It also synthesizes the material in a way that most students are unable to do on their own, and assembles the different issues, presenting a clear guide to procedural analysis that students can draw upon when writing their exams. Other study aids provide sample problems, but none offer the systematic approach to problem solving found in this book.


Methods For Improving Analysis Of The Ministerial Exception To Title Vii, Benton Martin 2009 Emory University

Methods For Improving Analysis Of The Ministerial Exception To Title Vii, Benton Martin

Benton C. Martin

Since the early 1970s, an increasing number of courts have held that religious organizations have a right to treat core employees, or “ministers,” however they please without being held accountable by secular courts. Although civil-rights law exempts religious institutions from laws prohibiting religious discrimination, it prohibits both nonreligious and religious employers from engaging in racial discrimination, gender discrimination, or sexual harassment. Yet federal appellate courts grant immunity to religious institutions from these laws based their decisions on the First Amendment.
The constitutional foundation for this immunity has been severely undermined by the Supreme Court. Instead of the current approach, which ...


Section 4 Of The Hindu Succession Act Of 1956, Hari Priya 2009 NALSAR University of Law

Section 4 Of The Hindu Succession Act Of 1956, Hari Priya

Hari Priya

A brief write up in the form of a comprehensive article aiming to critically evaluate the Section 4 of the Hindu Succession Act of 1956. The law, as it stands amended, has not only brought about changes in the succession laws of Hindus, but has also paved the way for some positive modifications in the law of partition, alienation of property, inheritance and adoption, and the paper is an effort to evaluate this provision of the law.


A Name Of One's Own: Gender And Symbolic Legal Personhood In The European Court Of Human Rights, Yofi Tirosh 2009 Tel Aviv University

A Name Of One's Own: Gender And Symbolic Legal Personhood In The European Court Of Human Rights, Yofi Tirosh

Yofi Tirosh

Legal regulation of surnames provides a fascinating venue for examining how women negotiate their interests of autonomy and of stable personhood vis a vis a patriarchal naming structure. This is a study of 25 years of adjudication of surnames and personal status at the European Court of Human Rights. It explores the intricate ways in which legal norms governing surnames (and their judicial interpretation) sustain, shape, and reify social institutions such as gender, family, and citizenship.

As a pan European court, the adjudication of the ECHR operates within the framework of human rights. The universal characteristics of human rights principles ...


The Unsigned United Nations Migrant Worker Rights Convention: An Overlooked Opportunity To Change The “Brown Collar” Migration Paradigm, Beth Lyon 2009 1567

The Unsigned United Nations Migrant Worker Rights Convention: An Overlooked Opportunity To Change The “Brown Collar” Migration Paradigm, Beth Lyon

Beth Lyon

No abstract provided.


The Gender Pay Gap In Europe From A Legal Perspective, Ann Numhauser-Henning 2009 Lund University

The Gender Pay Gap In Europe From A Legal Perspective, Ann Numhauser-Henning

Ann Numhauser-Henning

No abstract provided.


Present At The Creation: Clyde W. Summers And The Field Of Union Democracy Law, Michael J. Goldberg 2009 Widener University School of Law

Present At The Creation: Clyde W. Summers And The Field Of Union Democracy Law, Michael J. Goldberg

Michael J Goldberg

This article describes and analyzes the contributions of Professor Clyde W. Summers to the development of union democracy law in the United States and his contributions to the movement dedicated to bringing more democratic practices to American unions. The first part of the article evaluates Summers' writings on the importance of democracy in the labor movement. The second part describes Summers' work as both a scholar and public policy activist shaping the law of union democracy, including his critical role in the drafting of the Labor-Management Reporting and Disclosure Act of 1959. The final part of the article examines Summers ...


Workplace Bullying As An Occupational Safety And Health Matter: A Comparative Analysis, Susan Harthill 2009 Florida Coastal School of Law

Workplace Bullying As An Occupational Safety And Health Matter: A Comparative Analysis, Susan Harthill

Susan Harthill

Workers who are bullied at work suffer physically and mentally, and can even be driven to suicide. There ought to be a law against workplace bullying, and in some countries, there is. Despite a growing body of inter-disciplinary work highlighting the prevalence and costs of workplace bullying in the United States, there are currently no U.S. state or federal laws expressly addressing the issue, despite the ground breaking work and legislative efforts of workplace bullying pioneers, David Yamada and Drs. Ruth and Gary Namie. The dismal fact for American workers is that the United States lags behind many other ...


Hedge Funds: 1997 Asian Financial Crisis, Response And Regulatory Measures In South Korea, Arun Khatri 2009 O.P Jindal University, Jindal Global Law School

Hedge Funds: 1997 Asian Financial Crisis, Response And Regulatory Measures In South Korea, Arun Khatri

Arun Khatri

Introduction:

The principal focus of this paper is on the role of hedge funds in the 1997 Asian financial crisis, and the reforms and regulations adopted by South Korea after the crisis. Apart from this it also discusses some aspects of the role played by world bodies like the IMF in bailing South Korea out of the crisis. The paper will begin with an analysis of events leading to the Asian financial crisis. From there, it will discuss the basic fundamentals of hedge funds, strategies employed by hedge funds and then their role in the crisis. It will then analyze ...


Professional Sports League Commissioners' Authority And Collective Bargaining, Matthew J. Parlow 2009 Chapman University Dale E. Fowler School of Law

Professional Sports League Commissioners' Authority And Collective Bargaining, Matthew J. Parlow

Matthew Parlow

With the National Basketball Association (NBA) and National Football League (NFL) collective bargaining agreements set to expire within the next two years, many experts are already predicting what changes may be made to both leagues’ governing labor documents. One likely point of contention between the owners and the players’ unions — though rarely discussed in the experts’ predictive discourse — is the power of the respective league commissioners to punish or discipline wayward players for misbehavior committed off of the court or field. This article will analyze this area of sports law by exploring this power of each league’s sports commissioner ...


The Dean Takes His Stand: Julian Monnet's 1912 Harvard Law Review Article Denouncing Oklahoma's Discriminatory Grandfather Clause, Harry F. Tepker Jr. 2009 University of Oklahoma College of Law

The Dean Takes His Stand: Julian Monnet's 1912 Harvard Law Review Article Denouncing Oklahoma's Discriminatory Grandfather Clause, Harry F. Tepker Jr.

Harry F. Tepker Jr.

No abstract provided.


Solving “The Burklow Problem”: Federal Question Jurisdiction Of Tucker Act And Labor-Management Relations Act Cases After Textron Lycoming V. Uaw, Jennifer E. Spreng, Roberto J. Escobar 2009 Arizona Summit Law School

Solving “The Burklow Problem”: Federal Question Jurisdiction Of Tucker Act And Labor-Management Relations Act Cases After Textron Lycoming V. Uaw, Jennifer E. Spreng, Roberto J. Escobar

Jennifer E Spreng

No abstract provided.


Åldersdiskriminering Och Några Anställningsskydssrelaterade Frågor, Ann Numhauser-Henning 2009 Lund University

Åldersdiskriminering Och Några Anställningsskydssrelaterade Frågor, Ann Numhauser-Henning

Ann Numhauser-Henning

No abstract provided.


Labour Law, Ann Numhauser-Henning 2009 Lund University

Labour Law, Ann Numhauser-Henning

Ann Numhauser-Henning

No abstract provided.


Preserving Human Capital: Using The Noncompete Agreement To Achieve Competitive Advantage, Griffin Toronjo Pivateau 2009 Oklahoma State University - Main Campus

Preserving Human Capital: Using The Noncompete Agreement To Achieve Competitive Advantage, Griffin Toronjo Pivateau

Griffin Toronjo Pivateau

Organizations today face numerous challenges: worldwide competitors, changes in information technology, increased reliance on knowledge workers, and a shifting economic environment. Faced with the difficulty of securing advantage by traditional means, management has increasingly focused on employees as a key asset and driver of productivity. Many organizations have adopted the human capital theory, which holds that employees form an asset of the organization. Organizations will seek to maximize their human capital as a differentiator. Presumably, an organization that invests in its human capital will find itself rewarded with increased productivity and higher returns. But here is where the problem develops ...


Multi-Level Marketing And Its Brethren: The Legal And Regulatory Environment In The Down Economy, Adam Epstein 2009 Central Michigan University

Multi-Level Marketing And Its Brethren: The Legal And Regulatory Environment In The Down Economy, Adam Epstein

Adam Epstein

This article explores the legal and regulatory environment of multi-level marketing companies also known as MLM. Legal research is lacking in this area of business law though the regulatory environment involves a combination of federal and state laws including administrative agencies such as the FTC and SEC. In the current down economy, criminal enterprises such as Ponzi schemes have been exposed. MLMs are often compared to Ponzi and pyramid schemes and do share similarities. The article offers that personal responsibility is vital when determining whether to join any MLM in light of the volume of resources available on the internet.


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