Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Modern Discrimination Theory And The National Labor Relations Act, Rebecca H. White
Modern Discrimination Theory And The National Labor Relations Act, Rebecca H. White
Scholarly Works
This Article explores the concept of discrimination under the NLRA [National Labor Relations Act]. Specifically, it examines discrimination under the statute through the lens of Title VII, an approach that brings a fresh perspective to doctrine long considered settled. The purpose of this comparison is to explore the extent to which Title VII's discrimination concepts make sense under the NLRA. This analysis focuses on three specific areas. First, it examines discrimination cases under section 8(a)(1), concluding that the lower courts are wrong to apply Title VII concepts and to insist that without disparate treatment of union activities, no unlawful discrimination …
The Origins Of The Code Noir Revisited, Alan Watson
The Origins Of The Code Noir Revisited, Alan Watson
Scholarly Works
In a recent article, The Origins and Authors of the Code Noir, my friend Vernon Palmer graciously and courteously took me to task for claiming that the law in the Code Noir was not made "on the spot" in the Antilles, but in Paris. He also said of me and of Hans Baade, "neither author appears to have investigated the actual circumstances of the Code's redaction." I can speak only for myself, and I confess with shame that Professor Palmer is quite correct. I did not investigate the actual circumstances of the redaction of the Code Noir. And I should …
Rights Of Slaves And Other Owned-Animals, Alan Watson
Rights Of Slaves And Other Owned-Animals, Alan Watson
Scholarly Works
Part of a number of essays which follow are written by experts from various interdisciplinary fields at the request of Animal Law.
I chose the title with deliberation. My concern in this paper is not with moral theory, but with the law that has given rights to owned-animals, and the extent to which these rights have been enforced.
I believe that there is a three-fold hierarchy as to the extent of these rights in accordance with the animal that is their object. At the top of the hierarchy are rights accorded to slaves under a legal system that is not …