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Full-Text Articles in Law
The Continuing Drift Of Federal Sovereign Immunity Jurisprudence, Gregory C. Sisk
The Continuing Drift Of Federal Sovereign Immunity Jurisprudence, Gregory C. Sisk
William & Mary Law Review
With the enduring doctrine of federal sovereign immunity, it is too late in the day to suggest that the United States should be treated as an ordinary party in the federal courts. Yet as the Supreme Court has become more comfortable with the increasingly common encounter with a statutory waiver of immunity, the rigidity of interpretive approach has eased. An early jaundiced judicial attitude has resolved into a greater respect for the legislative promise of relief to those harmed by their government. After sketching the history of statutory waivers over the past century-and-a-half and examining Supreme Court decisions across the …
Reconstructing The Race-Sex Analogy, Serena Mayeri
Reconstructing The Race-Sex Analogy, Serena Mayeri
William & Mary Law Review
In the standard account, American sex equality law rests on a partial and imperfect analogy to race, developed in the 1970s by feminists intent on establishing formal equality between men and women, and embraced, albeit selectively and uneasily, by lawmakers and judges. But this account, although containing important elements of truth, obscures the creative ways that advocates turned the tables, arguing that principles developed in sex equality jurisprudence could expand the availability of remedies for racial injustice. This Article explores one example of this phenomenon: efforts, led by Ruth Bader Ginsburg, to use the emerging constitutional distinction between detrimental and …
Discrimination And Outrage: The Migration From Civil Rights To Tort Law, Martha Chamallas
Discrimination And Outrage: The Migration From Civil Rights To Tort Law, Martha Chamallas
William & Mary Law Review
It is not always appreciated that proven discrimination on the basis of race or sex may not amount to a tort and that even persistent racial or sexual harassment may not be enough to qualify for tort recovery. This Article explores the question of whether discriminatory and harassing conduct in the workplace is or should be considered outrageous conduct, actionable under the tort of intentional infliction of emotional distress. In recent years, courts have taken radically different approaches to the issue, from holding that such claims are preempted to treating the infliction tort as a reinforcement of civil rights principles. …
The Diversity Rationale For Affirmative Action In Employment After Grutter: The Case For Containment, Jared M. Mellot
The Diversity Rationale For Affirmative Action In Employment After Grutter: The Case For Containment, Jared M. Mellot
William & Mary Law Review
No abstract provided.
Circling Back To The Obvious: The Convergence Of Traditional And Reverse Discrimination In Title Vii Proof, Charles A. Sullivan
Circling Back To The Obvious: The Convergence Of Traditional And Reverse Discrimination In Title Vii Proof, Charles A. Sullivan
William & Mary Law Review
No abstract provided.
Ethnicity And Prejudice: Reevaluating "National Origin" Discrimination Under Title Vii, Juan F. Perea
Ethnicity And Prejudice: Reevaluating "National Origin" Discrimination Under Title Vii, Juan F. Perea
William & Mary Law Review
No abstract provided.
The Second Decade Of Title Vii: Refinement Of The Remedies
The Second Decade Of Title Vii: Refinement Of The Remedies
William & Mary Law Review
No abstract provided.