Law Commons^™

Throwing Black Babies Out With The Bathwater: A Child-Centered Challenge To Same-Sex Adoption Bans, Tanya Washington

Tanya Monique Washington

No abstract provided.

Once Born, Twice Orphaned: Children's Constitutional Case Against Same-Sex Adoption Bans, Tanya Washington

Tanya Monique Washington

No abstract provided.

Suffer Not The Little Children: Prioritizing Children's Rights In Constitutional Challenges To "Same-Sex Adoption Bans", Tanya Washington

Tanya Monique Washington

No abstract provided.

What About The Children? Child-Centered Challenges To Same-Sex Marriage Bans, Tanya Washington

Tanya Monique Washington

No abstract provided.

All Things Being Equal: The Promise Of Affirmative Efforts To Eradicate Color-Coded Inequality In The United States And Brazil, Tanya Washington

Tanya Monique Washington

No abstract provided.

Disparate Treatment As A Theory Of Discrimination: The Need For A Restatement Not A Revolution, Steven Kaminshine

Steven J. Kaminshine

Disparate treatment, a seemingly straightforward basis for identifying discrimination and establishing liability under federal antidiscrimination laws, has become mired in controversy and debate. The debate, triggered by the Supreme Court's 2003 decision in Desert Palace v. Costa, has seen several prominent scholars argue that the case has revolutionary implications, and warrants an overhaul of thirty years of disparate treatment jurisprudence and the methodologies courts employ in assessing proof of discrimination. This article takes a contrary position, rejecting the rush to discard these methods of proof, while seeking to recast them on a sounder conceptual basis. The article accomplishes this by …

In The U.S. Supreme Court: How To Define Who Qualifies As An 'Employer' Within The Meaning Of Title Vii, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.

New Rights For The Disabled: The Americans With Disabilities Act Of 1990, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.

Spectrum Initiative: An Insiders View, Trina Holloway

Trina Holloway

No abstract provided.

Court's Age Discrimination Decision Fails To Resolve Key Questions Arising Under The Adea, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.

The Cost Of Older Workers, Disparate Impact And The Age Discrimination In Employment Act, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.

In The U.S. Supreme Court: Does Title Vii Protect Former Employees From Acts Of Retaliation By Former Employers?, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.

Race And Races: Cases And Resources For A Diverse America, 3rd Ed., Juan Perea

Juan F. Perea

No abstract provided.

Discrimination In Customer Segmentation Marketing Practices, Jude A. Thomas

Jude A Thomas

Customer segmentation is a powerful analytical marketing practice that is employed by a wide range of businesses to segregate customers with similar characteristics into subgroups in order to inform operational business processes. Such practices allow firms to better allocate their resources in order to form more profitable customer relationships, but they also have the capacity to lead to unfair discriminatory impact upon customer groups. Current legislation is largely unprotective of customers so positioned, but recent trends in the insurance and lending industries suggest that a broader application of anti-discrimination laws could foretell a future of greater restrictions on the implementation …

Veiled Discrimination, Sahar F. Aziz

Sahar F. Aziz

Should employees have the legal right to “be themselves” at work? Most Americans would answer in the negative because work is a privilege, not an entitlement. An employer’s workplace rules that define professionalism, therefore, are his prerogative and defined by the demands of the marketplace. Underlying this conclusion is the false premise that objective and neutral factors shape modern notions of professionalism. To the contrary, professionalism is a subjective concept dependent on the decision makers’ worldview, norms, values, and definitions of propriety. Employees who belong to the employer’s social group or fall within society’s majority are advantaged as minimal effort …

Age, Old Age, Language, Law: A Dysfunctional, Often Harmful, Mix And How To Fix It, Howard Eglit

Howard C. Eglit

No abstract provided.

Hidden Lives And Human Rights In The United States: Understanding The Controversies And Tragedies Of Undocumented Immigration, Lois Lorentzen, Victor Romero

Victor C. Romero

Victor Romero is a contributing author: "The Criminalization of Undocumented Migrants," vol. 2, pp. 1-39.

In the United States, the crisis of undocumented immigrants draws strong opinions from both sides of the debate. For those who immigrate, concerns over safety, incorporation, and fair treatment arise upon arrival. For others, the perceived economic, political, and cultural impact of newcomers can feel threatening. In this informative three-volume set, top immigration scholars explain perspectives from every angle, examining facts and seeking solutions to counter the controversies often brought on by the current state of undocumented immigrant affairs.

Immigration expert and set editor Lois …

Inclusionary Eminent Domain, Gerald S. Dickinson

Gerald S. Dickinson

This article proposes a paradigm shift in takings law, namely “inclusionary eminent domain.” This new normative concept – paradoxical in nature – rethinks eminent domain as an inclusionary land assembly framework that is equipped with multiple tools to help guide municipalities, private developers and communities construct or preserve affordable housing developments. Analogous to inclusionary zoning, inclusionary eminent domain helps us think about how to fix the “exclusionary eminent domain” phenomenon of displacing low-income families by assembling and negotiating the use of land – prior to, during or after condemnation proceedings – to accommodate affordable housing where condemnation threatens to decrease …