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Articles 1 - 30 of 37
Full-Text Articles in Law
An Unfulfilled Promise: Section 1557'S Failure To Effectively Confront Discrimination In Healthcare, Majesta-Doré Legnini
An Unfulfilled Promise: Section 1557'S Failure To Effectively Confront Discrimination In Healthcare, Majesta-Doré Legnini
William & Mary Journal of Race, Gender, and Social Justice
When the Patient Protection and Affordable Care Act passed, it offered a broad promise to provide access to quality care on a nondiscriminatory basis. To achieve nondiscrimination, Congress included Section 1557, which integrated the nondiscrimination protections granted under Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments, Section 504, and the Age Discrimination Act. The language of the statute has proved that the section cannot achieve its broad promise. Covering only intentional discrimination and usually interpreted to divide the standard so that intersectional discrimination cannot be redressed, Section 1557 fails to address discrimination in …
Looking Beyond Batson: A Different Method Of Combating Bias Against Queer Jurors, Anna L. Tayman
Looking Beyond Batson: A Different Method Of Combating Bias Against Queer Jurors, Anna L. Tayman
William & Mary Law Review
On November 27, 1978, Harvey Milk, the first openly gay elected official in California’s history, was murdered. He was shot five times, twice in the head. His murderer, Dan White, was convicted of voluntary manslaughter and served only five years in prison.
The Dan White trial is the most famous example of queer juror exclusion in American history. While White’s defense attorney, Douglas Schmidt, could not directly ask the jurors about their sexual orientation, he had another strategy: find the gays and allies and keep them out, and find the Catholics and keep them in. Schmidt struck a woman who …
Pregnancy As A Normal Condition Of Employment: Comparative And Role-Based Accounts Of Discrimination, Reva B. Siegel
Pregnancy As A Normal Condition Of Employment: Comparative And Role-Based Accounts Of Discrimination, Reva B. Siegel
William & Mary Law Review
As the Pregnancy Discrimination Act of 1978 (PDA) turns forty, it is time to consider how we define pregnancy discrimination.
In recent years, courts have come to define pregnancy discrimination almost exclusively through comparison. Yet our understanding of discrimination, inside and outside the pregnancy context, depends on judgments about social roles as well as comparison. Both Congress and the Court appealed to social roles in defining the wrongs of pregnancy discrimination. In enacting the PDA, Congress repudiated employment practices premised on the view that motherhood is the end of women’s labor force participation, and affirmed a world in which women …
Protecting Privacy To Prevent Discrimination, Jessica L. Roberts
Protecting Privacy To Prevent Discrimination, Jessica L. Roberts
William & Mary Law Review
A person cannot consider information that she does not have. Unlawful discrimination, therefore, frequently requires discriminators to have knowledge about protected status. This Article exploits that simple reality, arguing that protecting privacy can prevent discrimination by restricting access to the very information discriminators use to discriminate. Although information related to many antidiscrimination categories, like race and sex, may be immediately apparent upon meeting a person, privacy law can still do significant work to prevent discrimination on the basis of less visible traits such as genetic information, age, national origin, ethnicity, and religion, as well as in cases of racial or …
Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman
Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman
Popular Media
No abstract provided.
The Empirical Irony Of The Conflict Between Antidiscrimination And Religious Freedom, Nathan B. Oman
The Empirical Irony Of The Conflict Between Antidiscrimination And Religious Freedom, Nathan B. Oman
Popular Media
No abstract provided.
The (Hoped For) Shallowness Of Progressive Skepticism Towards Religious Freedom, Nathan B. Oman
The (Hoped For) Shallowness Of Progressive Skepticism Towards Religious Freedom, Nathan B. Oman
Popular Media
No abstract provided.
The Need For A Law Of Church And Market, Nathan B. Oman
The Need For A Law Of Church And Market, Nathan B. Oman
Faculty Publications
This Essay uses Helfand and Richman’s fine article to raise the question of the law of church and market. In Part I, I argue that the question of religion’s proper relationship to the market is more than simply another aspect of the church-state debates. Rather, it is a topic deserving explicit reflection in its own right. In Part II, I argue that Helfand and Richman demonstrate the danger of creating the law of church and market by accident. Courts and legislators do this when they resolve questions religious commerce poses by applying legal theories developed without any thought for the …
Flunking The Class-Of-One/Failing Equal Protection, William D. Araiza
Flunking The Class-Of-One/Failing Equal Protection, William D. Araiza
William & Mary Law Review
This Article considers the equal protection “class-of-one” doctrine in light of recent developments, both at the Supreme Court and in the lower courts. After Part I explains the background and current state of the doctrine, Part II considers how that doctrine provides insights into such basic equal protection concepts as discriminatory intent and animus. It also critiques the Court’s analysis of the class-of-one, arguing that the Court has mishandled these concepts and in so doing caused doctrinal anomalies and lower court confusion. Part II offers an alternative approach to the class-of-one that corrects those problems while still addressing the concerns …
Plausibility Pleading Employment Discrimination, Charles A. Sullivan
Plausibility Pleading Employment Discrimination, Charles A. Sullivan
William & Mary Law Review
The Supreme Court’s unanimous 2002 decision in Swierkiewicz v. Sorema N.A., which took a very permissive approach to pleading discrimination claims, may or may not remain good law after Ashcroft v. Iqbal. As is well known, Iqbal took a restrictive approach to pleading generally under the Federal Rules of Civil Procedure, and its application to employment discrimination cases could pose serious problems for plaintiffs attempting to get into federal court. In addition, there is certainly a tension between Swierkiewicz and Iqbal. This is in part because the former is a strong reaffirmation of notice pleading as it has traditionally been …
Religion Anti-Discrimination And The Decline Of Labor Law, Nathan B. Oman
Religion Anti-Discrimination And The Decline Of Labor Law, Nathan B. Oman
Popular Media
No abstract provided.
The United Nations And Women - A Critique, Elizabeth F. Defeis
The United Nations And Women - A Critique, Elizabeth F. Defeis
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Teed Off About Private Club Discrimination On The Taxpayer's Dime: Tax Exemptions And Other Government Privileges To Discriminatory Private Clubs, Jennifer Jolly-Ryan
Teed Off About Private Club Discrimination On The Taxpayer's Dime: Tax Exemptions And Other Government Privileges To Discriminatory Private Clubs, Jennifer Jolly-Ryan
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen Norton
You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen Norton
William & Mary Bill of Rights Journal
Federal, state, and local civil rights laws regulate private decisionmaking about whom an employer may hire or fire, to whom a landlord may rent an apartment, or to whom a creditor may extend credit. In prohibiting discriminatory conduct, however, these laws also limit the speech of those making these decisions. In this Article, Professor Norton explores how we might think about these civil rights laws in the context of the First Amendment, and their place within the Supreme Court's commercial speech jurisprudence. She concludes that the speech restricted by these laws may be characterized as falling outside the protection of …
Book Review Of Prejudicial Appearances: The Logic Of American Antidiscrimination Law, Michael Ashley Stein
Book Review Of Prejudicial Appearances: The Logic Of American Antidiscrimination Law, Michael Ashley Stein
Faculty Publications
No abstract provided.
Book Review Of Anti-Discrimination Law And The European Union, Michael Ashley Stein
Book Review Of Anti-Discrimination Law And The European Union, Michael Ashley Stein
Faculty Publications
No abstract provided.
Defending Truth, Cynthia V. Ward, Peter A. Alces
Defending Truth, Cynthia V. Ward, Peter A. Alces
Faculty Publications
No abstract provided.
Book Review Of Forced Justice: School Desegregation And The Law And Race Relations Litigation In An Age Of Complexity, Davison M. Douglas
Book Review Of Forced Justice: School Desegregation And The Law And Race Relations Litigation In An Age Of Complexity, Davison M. Douglas
Faculty Publications
No abstract provided.
Book Review Of Employment Discrimination Law, James S. Heller
Book Review Of Employment Discrimination Law, James S. Heller
Library Staff Publications
No abstract provided.
Ethnicity And Prejudice: Reevaluating "National Origin" Discrimination Under Title Vii, Juan F. Perea
Ethnicity And Prejudice: Reevaluating "National Origin" Discrimination Under Title Vii, Juan F. Perea
William & Mary Law Review
No abstract provided.
From Crippled To Disabled: The Legal Empowerment Of Americans With Disabilities, Michael Ashley Stein
From Crippled To Disabled: The Legal Empowerment Of Americans With Disabilities, Michael Ashley Stein
Faculty Publications
No abstract provided.
The 1982 Amendments To The Voting Rights Act: A Statutory Analysis Of The Revised Bailout Provisions, Richard A. Williamson
The 1982 Amendments To The Voting Rights Act: A Statutory Analysis Of The Revised Bailout Provisions, Richard A. Williamson
Faculty Publications
No abstract provided.
The Developing Law Of Equal Employment Opportunity At The White Collar And Professional Levels, Andrea R. Waintroob
The Developing Law Of Equal Employment Opportunity At The White Collar And Professional Levels, Andrea R. Waintroob
William & Mary Law Review
No abstract provided.
Processing The Explosion In Title Vii Class Action Suits: Achieving Increased Compliance With Federal Rule Of Civil Procedure 23(A), Earle K. Shawe
Processing The Explosion In Title Vii Class Action Suits: Achieving Increased Compliance With Federal Rule Of Civil Procedure 23(A), Earle K. Shawe
William & Mary Law Review
No abstract provided.
Chapters Of The Civil Jury, Doug R. Rendleman
Chapters Of The Civil Jury, Doug R. Rendleman
Faculty Publications
The civil jury, though constitutionally protected by the seventh amendment, has remained a controversial institution throughout much of Anglo-American legal history. Our romantic ideals are questioned by critics who view the civil jury as prejudiced and unpredictable; proponents note the sense of fairness and "earthy wisdom" gained by community participation in the legal process. This debate surfaces in the process of accommodation between certain substantive goals of the law and the pre-verdict and post-verdict procedural devices courts have employed to control the jury. In this article, Professor Rendleman examines this conflict in his three "chapters" involving racially motivated discharges of …
Appropriate Defenses To Damage Actions For Discrimination Under Sections 1981 And 1982
Appropriate Defenses To Damage Actions For Discrimination Under Sections 1981 And 1982
William & Mary Law Review
No abstract provided.
Fair Employment Forums After Alexander V. Gardner-Denver Co.: Separate And Unequal, William J. Isaacson, William C. Zifchak
Fair Employment Forums After Alexander V. Gardner-Denver Co.: Separate And Unequal, William J. Isaacson, William C. Zifchak
William & Mary Law Review
No abstract provided.
Title Vii Class Actions: The "Recovery Stage", Thomas H. Barnard
Title Vii Class Actions: The "Recovery Stage", Thomas H. Barnard
William & Mary Law Review
No abstract provided.
Title Vii Of The Civil Rights Act: A Review Of Significant Recent Decisions, Robert A. Levitt
Title Vii Of The Civil Rights Act: A Review Of Significant Recent Decisions, Robert A. Levitt
William & Mary Law Review
No abstract provided.
The Use Of Numerical Quotas To Achieve Integration In Employment, George P. Sape
The Use Of Numerical Quotas To Achieve Integration In Employment, George P. Sape
William & Mary Law Review
No abstract provided.