Law Commons^™

Burdens Of Pleading And Proof In Discrimination Cases: Toward A Theory Of Procedural Justice, Robert Belton

Vanderbilt Law Review

If the national policy of eliminating discrimination is to be achieved, the courts--to whom the major responsibility for effectuating this goal is delegated--must establish a coherent framework for allocating the burdens of pleading and proof that provides "a sensible, orderly way to evaluate the evidence in light of common experience as it bears on the critical question of discrimination."' The purpose of this Article, therefore, is to propose such a coherent approach to the allocation of the burdens of pleading and proof in discrimination cases. Towards this end, part II of the Article examines the definitional and operational effect of …

Recent Development: Amenability Of Foreign Corporations To United States Employment Discrimination Laws, Kevin C. Tyra

Vanderbilt Journal of Transnational Law

As the Linskey court noted, the existence of employment exemption provisions in over thirty commercial treaties, if liberally construed, would create a loophole in Title VII enforcement. Given the ever-increasing number of United States employees of foreign-owned corporations, liberal treaty constructions could decrease the scope of Title VII.

Nevertheless, the effect on international commerce must be considered. Although equal employment opportunity is a laudable goal, this goal may conflict with the values of other cultures, as it did with the culturally-based organization and management philosophy of the C. Itoh Co. A more prudent approach to the problem of subsidiaries might …

Congress, The Courts, And Sex-Based Employment Discrimination In Higher Education: A Tale Of Two Titles, Joel W. Friedman

Vanderbilt Law Review

This Article will examine the manner in which the federal courts have handled sex-based employment discrimination claims against colleges and universities. Specifically, the Article will suggest that most such judicial opinions have construed and applied the applicable federal laws in a manner inconsistent with Congress' articulated desire to promote equal employment opportunity in, and to remove the taint of sex-biased decisionmaking from, the academic profession. In light of this judicial misconstruction of the remedial statutes, the Article proposes a different framework for analyzing Title VII and Title IX claims that will more adequately promote Congress' twin objectives.