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Full-Text Articles in Law
Does U.S. Federal Employment Law Now Cover Caste Discrimination Based On Untouchability?: If All Else Fails There Is The Possible Application Of Bostock V. Clayton County, Kevin D. Brown, Lalit Khandare, Annapurna Waughray, Kenneth G. Dau-Schmidt, Theodore M. Shaw
Does U.S. Federal Employment Law Now Cover Caste Discrimination Based On Untouchability?: If All Else Fails There Is The Possible Application Of Bostock V. Clayton County, Kevin D. Brown, Lalit Khandare, Annapurna Waughray, Kenneth G. Dau-Schmidt, Theodore M. Shaw
Articles by Maurer Faculty
This article discusses the issue of whether a victim of caste discrimination based on untouchability can assert a claim of intentional employment discrimination under Title VII or Section 1981. This article contends that there are legitimate arguments that this form of discrimination is a form of religious discrimination under Title VII. The question of whether caste discrimination is a form of race or national origin discrimination under Title VII or Section 1981 depends upon how the courts apply these definitions to caste discrimination based on untouchability. There are legitimate arguments that this form of discrimination is recognized within the concept …
Allocating Medicine Fairly In An Unfair Pandemic, Govind Persad
Allocating Medicine Fairly In An Unfair Pandemic, Govind Persad
Sturm College of Law: Faculty Scholarship
America’s COVID-19 pandemic has both devastated and disparately harmed minority communities. How can the allocation of scarce treatments for COVID-19 and similar public health threats fairly and legally respond to these racial disparities? Some have proposed that members of racial groups who have been especially hard-hit by the pandemic should receive priority for scarce treatments. Others have worried that this prioritization misidentifies racial disparities as reflecting biological differences rather than structural racism, or that it will generate mistrust among groups who have previously been harmed by medical research. Still others complain that such prioritization would be fundamentally unjust. I argue …
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981(Eighteenth Annual Supreme Court Review), Eileen Kaufman
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981(Eighteenth Annual Supreme Court Review), Eileen Kaufman
Scholarly Works
No abstract provided.
Consumer Discrimination: The Limitations Of Federal Civil Rights Protection, Deseriee A. Kennedy
Consumer Discrimination: The Limitations Of Federal Civil Rights Protection, Deseriee A. Kennedy
Scholarly Works
No abstract provided.
Employment Discrimination: Recent Developments In The Supreme Court (The Supreme Court And Local Government Law: The 1994-1995 Term), Eileen Kaufman
Employment Discrimination: Recent Developments In The Supreme Court (The Supreme Court And Local Government Law: The 1994-1995 Term), Eileen Kaufman
Scholarly Works
No abstract provided.
Patterson And Civil Rights: What Rough Beast Slouches Towards Bethlehem To Be Born?, Peter Brandon Bayer
Patterson And Civil Rights: What Rough Beast Slouches Towards Bethlehem To Be Born?, Peter Brandon Bayer
Scholarly Works
Contrary to its assertions, the U.S. Supreme Court’s decision in Patterson decision marks a stark departure from the federal courts' former practice of according Congressional civil rights enactments a broad reading to effectuate their remedial purposes. Indeed, Patterson offers an exceedingly narrow interpretation of this nation's oldest civil rights law, the Civil Rights Act of 1866.
In addition to its effect on the scope and application of § 1981, Patterson must be read in conjunction with several other decisions issued during the same term that limit—indeed retreat from—the application of civil rights laws designed to restore both lost opportunities and …
Let's Re-Do Runyon: Questions To Guide Justice White; Response, Theodore Eisenberg
Let's Re-Do Runyon: Questions To Guide Justice White; Response, Theodore Eisenberg
Cornell Law Faculty Publications
The Importance Of Section 1981, Theodore Eisenberg, Stewart J. Schwab
The Importance Of Section 1981, Theodore Eisenberg, Stewart J. Schwab
Cornell Law Faculty Publications
Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen R. Kaufman, Martin A. Schwartz
Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen R. Kaufman, Martin A. Schwartz
Scholarly Works
No abstract provided.
A Race By Any Other Name: The Interplay Between Ethnicity, National Origin And Race For Purposes Of Section 1981, Eileen R. Kaufman
A Race By Any Other Name: The Interplay Between Ethnicity, National Origin And Race For Purposes Of Section 1981, Eileen R. Kaufman
Scholarly Works
No abstract provided.