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The Bfoq Defense In Adea Suits: The Scope Of "Duties Of The Job", Robert L. Fischman
The Bfoq Defense In Adea Suits: The Scope Of "Duties Of The Job", Robert L. Fischman
Michigan Law Review
This Note examines these three possible interpretations of which job characteristics a court must examine when determining the validity of a BFOQ defense to an ADEA suit and concludes that the Eighth Circuit's standard is correct. Because disputes over which interpretation is proper arise almost exclusively in cases involving public safety occupations, this Note discusses the standards for measuring that scope within the framework of the policy considerations associated with public safety. Part I of this Note discusses the three current standards used to determine the scope of the BFOQ defense. Part II illuminates the problems inherent in having three …
From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen
From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen
Michigan Law Review
This essay will examine the "equal treatment" versus "special treatment" for women issue as it arose in Illinois in the late nineteenth century. In 1869 the Illinois Supreme Court barred Myra Bradwell from the practice of law on the basis that she was a married woman, and in 1870 it reaffirmed its exclusion of women in In re Bradwell, the state decision the United States Supreme Court upheld in Bradwell v. Illinois. This denial of equal treatment to women, especially the concurring opinion by United States Supreme Court Justice Bradley, appears to many to represent paternalism at its …
Congressional Power To Contradict The Supreme Court's Constitutional Decisions: Accomodation Of Rights In Conflict, J. Edmond Nathanson
Congressional Power To Contradict The Supreme Court's Constitutional Decisions: Accomodation Of Rights In Conflict, J. Edmond Nathanson
William & Mary Law Review
No abstract provided.