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Full-Text Articles in Law

Recapturing Summary Adjudication Principles In Disparate Treatment Cases, Henry L. Chambers, Jr. Jan 2005

Recapturing Summary Adjudication Principles In Disparate Treatment Cases, Henry L. Chambers, Jr.

Law Faculty Publications

In the last decade, just as Title VII jury trials have become common, the Supreme Court has given judges more latitude to dispose of both weak and fairly strong disparate treatment cases through summary adjudication, even when Title VII liability is plausible pursuant to the McDonnell Douglas test. 11 This article explains how the Court's disparate treatment jurisprudence results in the abandonment of the summary adjudication principle that weak but winnable cases should be tried before a jury and suggests that the Court correct its mistake. Part I of this article discusses the Supreme Court's summary adjudication doctrine. Part II …


Implications Of A Uniracial Worldview: Race And Rights In A New Era, Jonathan K. Stubbs Jan 2005

Implications Of A Uniracial Worldview: Race And Rights In A New Era, Jonathan K. Stubbs

Law Faculty Publications

This article begins by asking, "What is Race: Some Modem Western Perspectives?" Section I surveys race from various vantage points, including views associated with social and natural scientists, jurists, and members of the general public. In short, Section I grapples with what we currently mean when we use the term race.

Many people, especially westerners, believe that the human family consists of multiple races. Such thinking flows from and reinforces multi-racial worldviews. Thus, Section II asks: "What Does a Multi-racial Worldview Look Like?" Here, using graphic symbols we attempt to communicate some sense of what a multi- racial perspective involves. …


Review Of David E. Bernstein's "You Can't Say That!--The Growing Threat To Civil Liberties From Antidiscrimination Laws", Ivan E. Bodensteiner Jan 2005

Review Of David E. Bernstein's "You Can't Say That!--The Growing Threat To Civil Liberties From Antidiscrimination Laws", Ivan E. Bodensteiner

Law Faculty Publications

No abstract provided.


Jack And Jill Go To Court: Litigating A Peer Sexual Harassment Case Under Title Ix, Susan P. Stuart Jan 2005

Jack And Jill Go To Court: Litigating A Peer Sexual Harassment Case Under Title Ix, Susan P. Stuart

Law Faculty Publications

Title IX peer sexual harassment cases present challenges to litigators because of the unique educational environment in which these cases arise. This Article attempts to educate litigators on the prima facie case, evidentiary issues, and the overall presentation of peer sexual harassment cases.