Law Commons^™

The Proper Role Of Res Judicata And Collateral Estoppel In Title Vii Suits, Charles C. Jackson, John H. Matheson, Thomas J. Pikorski

Michigan Law Review

The Article proceeds from the premise, established in Part I, that federal courts must apply preclusion principles unless Congress clearly indicates otherwise. Part II considers a number of indicators of Congress's intent, and finds no evidence to rebut the presumption that federal courts must give preclusive weight to certain state decisions. Part III then proposes general guidelines for the application of preclusion doctrines in title VII litigation.

Civil Rights - Race Discrimination - Title Vii Of The Civil Rights Act Of 1964 - Res Judicata - Individual Actions Subsequent To Eeoc Actions, John R. O'Keefe

Duquesne Law Review

The United States Court of Appeals for the Fifth Circuit has held that dismissal for failure to comply with the Administrative Procedure Act of a Title VII employment discrimination action brought by the Equal Employment Opportunity Co mission is res judicata as to an individual's subsequent private action based upon the same claim.

Jones v. Bell Helicopter Co., 614 F.2d 1389 (5th Cir. 1980).

Congress, The Courts, And Sex-Based Employment Discrimination In Higher Education: A Tale Of Two Titles, Joel W. Friedman

Vanderbilt Law Review

This Article will examine the manner in which the federal courts have handled sex-based employment discrimination claims against colleges and universities. Specifically, the Article will suggest that most such judicial opinions have construed and applied the applicable federal laws in a manner inconsistent with Congress' articulated desire to promote equal employment opportunity in, and to remove the taint of sex-biased decisionmaking from, the academic profession. In light of this judicial misconstruction of the remedial statutes, the Article proposes a different framework for analyzing Title VII and Title IX claims that will more adequately promote Congress' twin objectives.