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Articles 31 - 39 of 39
Full-Text Articles in Law
Respecting Language As Part Of Ethnicity: Title Vii And Language Discrimination At Work, Carlo A. Pedrioli
Respecting Language As Part Of Ethnicity: Title Vii And Language Discrimination At Work, Carlo A. Pedrioli
Faculty Scholarship
This article argues that, in the absence of a legitimate, non-discriminatory reason or a business necessity, Title VII of the 1964 Civil Rights Act can protect employees from language-based discrimination in the workplace. Language is a part of one’s ethnicity, which refers to one’s culture. Ethnicity, much as race already does, should receive protection under Title VII. Plaintiffs, however, have the burden of proof in litigation, and so a plaintiff who sues under a discrimination theory should have to make his or her case to the appropriate fact-finder. Drawing upon the insights of critical theory, particularly to explore concepts like …
Show Me The Money The Applicability Of Contract Laws Ratification And Tenderback Doctrines To Title Vii Releases, Daniel P. O'Gorman
Show Me The Money The Applicability Of Contract Laws Ratification And Tenderback Doctrines To Title Vii Releases, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
War And Peace Between Title Vii's Disparate Impact Provision And The Equal Protection Clause: Battling For A Compelling Interest, Eang L. Ngov
Faculty Scholarship
“[T]he war between disparate impact and equal protection will be waged sooner or later, and it behooves us to begin thinking about how – and on what terms – to make peace between them.” This Article addresses Justice Scalia’s premonition in Ricci v. DeStefano by providing an analysis of how that war may be waged and whether peace can be made between Title VII’s disparate impact provision and the Equal Protection Clause. Ricci involved a challenge to the City of New Haven’s decision to void the test results of an examination required for promotion within the City’s fire department. The …
The Notsogolden Years Why Hate Crime Legislation Is Failing A Vulnerable Aging Population, Helia Garrido Hull
The Notsogolden Years Why Hate Crime Legislation Is Failing A Vulnerable Aging Population, Helia Garrido Hull
Faculty Scholarship
No abstract provided.
Paying For The Sins Of Their Clients The Eeocs Position That Staffing Firms Can Be Liable When Their Clients Terminate An Assigned Employee For A Discriminatory Reason, Daniel P. O'Gorman
Paying For The Sins Of Their Clients The Eeocs Position That Staffing Firms Can Be Liable When Their Clients Terminate An Assigned Employee For A Discriminatory Reason, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
Equal Access To Post-Secondary Education: The Sisyphean Impact Of Flagging Test Scores Of Persons With Disabilities, Helia Garrido Hull
Equal Access To Post-Secondary Education: The Sisyphean Impact Of Flagging Test Scores Of Persons With Disabilities, Helia Garrido Hull
Faculty Scholarship
In view of the social stigma associated with disabilities, and the inherent costs of providing accommodations to disabled students, the opportunity for bias within the admissions selection process is clear. As a result, the practice of flagging standardized tests has come under increasing scrutiny. The practice of distinguishing test takers having a disability from those who do not runs counter to the social policy of inclusion, and prevents disabled individuals from enjoying the benefits of equal citizenship. Part II of this paper provides a brief overview of the prejudice disabled individuals have endured throughout history, and discusses some early movements …
The Silent Criminal Defendant And The Presumption Of Innocence: In The Hands Of Real Jurors, Is Either Of Them Safe, Mitchell J. Frank, Dawn Broschard
The Silent Criminal Defendant And The Presumption Of Innocence: In The Hands Of Real Jurors, Is Either Of Them Safe, Mitchell J. Frank, Dawn Broschard
Faculty Scholarship
No abstract provided.
A State Of Disarray The Knowing And Voluntary Standard For Releasing Claims Under Title Vii Of The Civil Rights Act Of 1964, Daniel P. O'Gorman
A State Of Disarray The Knowing And Voluntary Standard For Releasing Claims Under Title Vii Of The Civil Rights Act Of 1964, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
The Heightened Standard Of Judicial Review In Cases Of Governmental Gender-Based Discrimination: Ruth Bader Ginsburg's Influence On The U.S. Supreme Court In Craig V. Boren, Carlo A. Pedrioli
Faculty Scholarship
This paper argues that, as an amicus curiae who was working for the American Civil Liberties Union, Ruth Bader Ginsburg influenced the U.S. Supreme Court’s decision-making in the landmark 1976 case of Craig v. Boren. Craig, which received national news coverage from the New York Times, provided women, and men, with greater protection against governmental gender-based discrimination. In making the argument, this paper initially provides a brief, but essential note on heightened scrutiny in equal protection cases. Next, the paper compares the arguments of Ginsburg and Justice William Brennan, who wrote the opinion of the Court. Finally, the paper explains …