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Articles 1 - 17 of 17
Full-Text Articles in Law
Why Gays Should Not Serve In The United States Armed Forces: A Gay Liberationist Statement Of Principle, Shannon Gilreath
Why Gays Should Not Serve In The United States Armed Forces: A Gay Liberationist Statement Of Principle, Shannon Gilreath
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
"Better Dead Than Co-Ed"? Transgender Students At An All-Women's College, Laura Minsun Brymer
"Better Dead Than Co-Ed"? Transgender Students At An All-Women's College, Laura Minsun Brymer
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Introduction, Jayne W. Barnard
Introduction, Jayne W. Barnard
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Tragic Rights: The Rights Critique In The Age Of Obama, Robin L. West
Tragic Rights: The Rights Critique In The Age Of Obama, Robin L. West
William & Mary Law Review
No abstract provided.
Ows, Discourse, And Narratives, Timothy Zick
Ows And The Constitution, Timothy Zick
Trans-Border Exclusion And Execution, Timothy Zick
Trans-Border Exclusion And Execution, Timothy Zick
Popular Media
No abstract provided.
Sustaining A Movement, Timothy Zick
Beginning To End Racial Profiling: Definitive Solutions To An Elusive Problem, Kami Chavis Simmons
Beginning To End Racial Profiling: Definitive Solutions To An Elusive Problem, Kami Chavis Simmons
Faculty Publications
Remedying an elusive practice such as racial profiling remains a challenging issue for the judiciary and reformers must rely on other avenues for a solution. For example, even where evidence demonstrates that minorities are disproportionately stopped and searched, courts rarely recognize the victim's claim or provide relief. Thus, it is clear that courts will not be the catalysts of change. This Article argues that while courts may be reluctant to provide judicial remedies, police departments themselves should not ignore [minorities'] perceptions [of racial discrimination] and should take measures to reduce any possible profiling and increase partnerships with communities. An indication …
Pepper-Spraying Of Wall Street Protesters Under Investigation, Timothy Zick
Pepper-Spraying Of Wall Street Protesters Under Investigation, Timothy Zick
Popular Media
No abstract provided.
More On The Wall Street Protest, Timothy Zick
Arab Spring On Wall Street?, Timothy Zick
The Summer Of Discontent: Creative Repertoires Of Public Protest, Timothy Zick
The Summer Of Discontent: Creative Repertoires Of Public Protest, Timothy Zick
Popular Media
No abstract provided.
The Law Of Reputation And The Interest Of The Audience, Laura A. Heymann
The Law Of Reputation And The Interest Of The Audience, Laura A. Heymann
Faculty Publications
Although an individual has control over many of the statements, acts, and other biographical data points that are used to construct her reputation, she does not ultimately have control over the result of that reputational assessment, the pronouncement of which is a task reserved to others. Reputation is fundamentally a social concept; it does not exist until a community collectively forms a judgment about an individual or firm that has the potential to guide the community’s future interactions. Despite reputation’s relational nature, discussions of the law’s interest in reputation tend to focus on one of two parties: the individual or …
Widening Batson's Net To Ensnare More Than The Unapologetically Bigoted Or Painfully Unimaginative Attorney, Jeffrey Bellin, Junichi P. Semitsu
Widening Batson's Net To Ensnare More Than The Unapologetically Bigoted Or Painfully Unimaginative Attorney, Jeffrey Bellin, Junichi P. Semitsu
Faculty Publications
In Snyder v. Louisiana, the Supreme Court reaffirmed its commitment to rooting out racially discriminatory jury selection and its belief that the three-step framework established in Batson v. Kentucky is capable of unearthing racially discriminatory peremptory strikes. Yet the Court left in place the talismanic protection available to those who might misuse the peremptory challenge—the unbounded collection of justifications that courts, including the Supreme Court, accept as “race neutral.”
To evaluate the Court’s continuing faith in Batson, we conducted a survey of all federal published and unpublished judicial decisions issued in this first decade of the new millennium (2000–2009) that …
The Importance Of Immutability In Employment Discrimination Law, Sharona Hoffman
The Importance Of Immutability In Employment Discrimination Law, Sharona Hoffman
William & Mary Law Review
This Article argues that recent developments in employment discrimination law require a renewed focus on the concept of immutable characteristics. In 2009, two new laws took effect: the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act Amendments Act (ADAAA). This Article’s original contribution is an evaluation of the employment discrimination statutes as a corpus of law in light of these two additions.
The Article thoroughly explores the meaning of the term “immutable characteristic” in constitutional and employment discrimination jurisprudence. It postulates that immutability constitutes a unifying principle for all of the traits now covered by the employment …
Plausibility Pleading Employment Discrimination, Charles A. Sullivan
Plausibility Pleading Employment Discrimination, Charles A. Sullivan
William & Mary Law Review
The Supreme Court’s unanimous 2002 decision in Swierkiewicz v. Sorema N.A., which took a very permissive approach to pleading discrimination claims, may or may not remain good law after Ashcroft v. Iqbal. As is well known, Iqbal took a restrictive approach to pleading generally under the Federal Rules of Civil Procedure, and its application to employment discrimination cases could pose serious problems for plaintiffs attempting to get into federal court. In addition, there is certainly a tension between Swierkiewicz and Iqbal. This is in part because the former is a strong reaffirmation of notice pleading as it has traditionally been …