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Articles 61 - 80 of 80
Full-Text Articles in Law
Sell V. United States: Is The Supreme Court Giving A Dose Of Bad Medicine?: The Constitutionality Of The Right To Forcibly Medicate Mentally Ill Defendants For Purposes Of Trial Competence, Dina E. Klepner
Pepperdine Law Review
No abstract provided.
Georgia V. Ashcroft: It's The End Of Section 5 As We Know It (And I Feel Fine) , Michael J. Pitts
Georgia V. Ashcroft: It's The End Of Section 5 As We Know It (And I Feel Fine) , Michael J. Pitts
Pepperdine Law Review
No abstract provided.
The Section 5 Power After Tennessee V. Lane, William D. Araiza
The Section 5 Power After Tennessee V. Lane, William D. Araiza
Pepperdine Law Review
No abstract provided.
What Is It Good For? Absolutely Nothing: Eliminating Disparate Treatment Of Third Party Sexual Harassment And All Other Forms Of Third Party Harassment, Jamie C. Chanin
What Is It Good For? Absolutely Nothing: Eliminating Disparate Treatment Of Third Party Sexual Harassment And All Other Forms Of Third Party Harassment, Jamie C. Chanin
Pepperdine Law Review
No abstract provided.
An Argument For Cadillacs Instead Of Chevrolets: How The Legal System Can Facilitate The Needs Of The Twice-Exceptional Child, Kim Millman
Pepperdine Law Review
No abstract provided.
Law Firms As Defendants: Family Responsibilities Discrimination In Legal Workplaces, Joan C. Williams, Stephanie Bornstein, Diana Reddy, Betsy A. Williams
Law Firms As Defendants: Family Responsibilities Discrimination In Legal Workplaces, Joan C. Williams, Stephanie Bornstein, Diana Reddy, Betsy A. Williams
Pepperdine Law Review
No abstract provided.
Keeping Discrimination Theory Front And Center In The Discourse Over Work And Family Conflict, Laura T. Kessler
Keeping Discrimination Theory Front And Center In The Discourse Over Work And Family Conflict, Laura T. Kessler
Pepperdine Law Review
This essay is a contribution to a symposium on balancing career and family. It frames the problem of work/family conflict as a form of sex discrimination. It demonstrates that many of the constructs commonly used to illustrate an absence of employment discrimination - such as the accident, opt-out, time-lag theories - actually fit quite comfortably within various discrimination frameworks. It also contextualizes the problem of work/family conflict within the larger issue of gender bias in the workplace, demonstrating how each contributes to and works together to produce workplace inequality for women. This approach contrasts with the traditional bifurcation of gender …
Retaining Diversity In The Classroom: Strategies For Maximizing The Benefits That Flow From A Diverse Student Body, Chris Chambers Goodman
Retaining Diversity In The Classroom: Strategies For Maximizing The Benefits That Flow From A Diverse Student Body, Chris Chambers Goodman
Pepperdine Law Review
In Grutter v. Bollinger, the United States Supreme Court addressed the issue of whether diversity is a sufficiently compelling government interest to justify an affirmative action program that considered race and ethnicity in allocating law school admission offers. The Court determined that diversity was a compelling interest, resolving the conflict in the federal circuits on that issue. In this article, Goodman argues that the courts must examine the tightness of the fit between the goal of either achieving diversity or of realizing the benefits that flow from a diverse student body, and the means used to try to accomplish either …
Diversity As A Dead-End , Kenneth B. Nunn
How Strictly Scrutinized?: Examining The Educational Benefits The Court Relied Upon In Grutter, Patrick M. Garry
How Strictly Scrutinized?: Examining The Educational Benefits The Court Relied Upon In Grutter, Patrick M. Garry
Pepperdine Law Review
In Grutter v. Bollinger, the Court recognized student body diversity as a compelling state interest that justified the use of racial preferences in selecting applicants for admission to public university law schools. Normally, any state action reviewed under a strict scrutiny approach is destined for invalidation. But in Grutter, the Court bucked the trend and upheld the race-based admissions policy against a racial discrimination challenge brought under the Fourteenth Amendment's equal protection clause. Given the rarity of a state action surviving strict scrutiny review, it is instructive to examine the nature of the diversity interest recognized by the Court in …
"Making Excellence Inclusive" In Education And Beyond, Alma Clayton-Pedersen, Sonja Clayton-Pedersen
"Making Excellence Inclusive" In Education And Beyond, Alma Clayton-Pedersen, Sonja Clayton-Pedersen
Pepperdine Law Review
No abstract provided.
Plessy's Ghost: Grutter, Seattle And The Quiet Reversal Of Brown, D. Marvin Jones
Plessy's Ghost: Grutter, Seattle And The Quiet Reversal Of Brown, D. Marvin Jones
Pepperdine Law Review
No abstract provided.
Democracy And Diversity, John Payton
The Disability History Mystery: Assessing The Employer's Reasonable Accommodation Obligation In "Record Of Disability" Cases, Michael D. Moberly
The Disability History Mystery: Assessing The Employer's Reasonable Accommodation Obligation In "Record Of Disability" Cases, Michael D. Moberly
Pepperdine Law Review
No abstract provided.
The Saucier Qualified Immunity Experiment: An Empirical Analysis, Nancy Leong
The Saucier Qualified Immunity Experiment: An Empirical Analysis, Nancy Leong
Pepperdine Law Review
This paper provides an empirical analysis of the impact of the approach to qualified immunity that the Supreme Court first suggested in Siegert v. Gilley and later made mandatory in Saucier v. Katz. That approach dictates that lower courts should resolve constitutional issues prior to deciding whether a government official is shielded from liability by qualified immunity. A primary justification for this sequencing approach is the notion that where courts decide that constitutional law is not clearly established, and thus qualified immunity is available, future defendants can also escape liability for the same behavior. But the empirical analysis provided in …
On Equal Footing: Does Accommodating Athletes With Disabilities Destroy The Competitive Playing Field Or Level It?, Sarah J. Wild
On Equal Footing: Does Accommodating Athletes With Disabilities Destroy The Competitive Playing Field Or Level It?, Sarah J. Wild
Pepperdine Law Review
No abstract provided.
Are Bills Of Attainder The New Currency? Challenging The Constitutionality Of Sex Offender Regulations That Inflict Punishment Without The "Safeguard Of A Judicial Trial", Joel A. Sherwin
Pepperdine Law Review
No abstract provided.
Hispanic National Bar Association National Study On The Status Of Latinas In The Legal Profession - Few And Far Between: The Reality Of Latina Lawyers, Jill L. Cruz, Melinda S. Molina
Hispanic National Bar Association National Study On The Status Of Latinas In The Legal Profession - Few And Far Between: The Reality Of Latina Lawyers, Jill L. Cruz, Melinda S. Molina
Pepperdine Law Review
No abstract provided.
Scrutinize This!: The Questionable Constitutionality Of Gender-Conscious Admissions Policies Utilized By Public Universities, Amy Hinkley
Pepperdine Law Review
No abstract provided.
Equal Protection, Same-Sex Marriage, And Classifying On The Basis Of Sex, Mark Strasser
Equal Protection, Same-Sex Marriage, And Classifying On The Basis Of Sex, Mark Strasser
Pepperdine Law Review
This article reviews several state court analyses of whether same-sex marriage bans violate the equal protection guarantees afforded by the respective state constitutions. The article discusses the lack of uniformity not only with respect to the result but with respect to the kind of classification that is implicated in such bans. The article concludes that unless the Supreme Court corrects some of the misunderstandings regarding the proper application of equal protection guarantees, that jurisprudence will either become even more confused or, perhaps, will coalesce around a doctrine that has been rejected for almost half a century.