Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- 135 S. Ct. 2584 (1)
- ADA (1)
- Affirmative action (1)
- Bankruptcy (1)
- Best practices (1)
-
- Chapter 11 (1)
- Churches (1)
- Civil rights (1)
- Cohabitation (1)
- Discrimination (1)
- Disparate impact (1)
- Dylann Roof (1)
- Education law (1)
- Employment Law (1)
- Employment discrimination (1)
- Fred Gray (1)
- Gay rights (1)
- Henry Richardson (1)
- Implicit bias (1)
- Indiana University (1)
- Integration (1)
- Interracial relations (1)
- Intimacy (1)
- Judicial Nominations (1)
- LGBT (1)
- Law faculty (1)
- Law schools (1)
- Legal education (1)
- Lending (1)
- Marriage (1)
- Publication Type
Articles 1 - 10 of 10
Full-Text Articles in Law
Dissenting From History: The False Narratives Of The Obergefell Dissents, Christopher R. Leslie
Dissenting From History: The False Narratives Of The Obergefell Dissents, Christopher R. Leslie
Indiana Law Journal
According to a quote attributed to numerous philosophers and political leaders, “History is written by victors.”1 In the legal battle over same-sex marriage, those opposed to marriage equality have attempted to disprove this age-old adage. In response to the majority opinion in Obergefell v. Hodges—which held that state laws banning same-sex marriage violate the Fourteenth Amendment—each of the four dissenting Justices issued his own dissenting opinion. Every one of these dissents misrepresented the circumstances and precedent leading up to the Obergefell decision. Collectively, the Obergefell dissenters have valiantly tried to rewrite America’s legal, constitutional, and social history, all in an …
Beyond "Best Practices": Employment-Discrimination Law In The Neoliberal Era, Deborah Dinner
Beyond "Best Practices": Employment-Discrimination Law In The Neoliberal Era, Deborah Dinner
Indiana Law Journal
Why does U.S. legal culture tolerate unprecedented economic inequality even as it valorizes social equality along identity lines? This Article takes a significant step toward answering this question by examining the relationship between U.S. employment-discrimination law and neoliberalism. It shows that the rise of anti-discrimination ideals in the late twentieth century was intertwined with the de-regulation of labor and with cutbacks in the welfare state. The Article argues that even “best practices” to prevent employment discrimination are insufficient to realize a labor market responsive to the needs of low-income workers for adequate wages, safe work conditions, and work hours and …
Confirm Myra Selby For The Seventh Circuit, Carl W. Tobias
Confirm Myra Selby For The Seventh Circuit, Carl W. Tobias
Indiana Law Journal
This Article canvasses Myra Selby’s dynamic professional record, the federal judicial selection process under President Obama, and the Seventh Circuit. It ascertains that Selby is an exceptionally competent, mainstream prospect and that the appellate court requires all of its members to deliver justice. However, Republican senators did not collaborate, particularly after they had captured a Senate majority—a circumstance that this presidential election year aggravates. The last section, therefore, proffers recommendations for Selby’s prompt Senate consideration and confirmation.
"A Choice Of Weapons": The X-Men And The Metaphor For Approaches To Racial Equality, Gregory S. Parks, Matthew W. Hughey
"A Choice Of Weapons": The X-Men And The Metaphor For Approaches To Racial Equality, Gregory S. Parks, Matthew W. Hughey
Indiana Law Journal
The authors explore The X-Men comic as a metaphor for both racial discrimination in the United States and strategies for addressing such discrimination. In consideration of the recent rise in the shooting of people of color, particular African American men and women, at the hands of law enforcement officers, an increasingly vocal and aggrieved segment of the white populace in the form of the “alt right,” and a presidential candidate that both implicitly and explicitly deploys “law and order” and racist appeals for particular social and political changes, we appear to once again stand at an important crossroads in American …
The Enduring Integration School Desegregation Helped To Produce, Kevin D. Brown
The Enduring Integration School Desegregation Helped To Produce, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Benefiting From Breaking The Color Barrier: Tribute To Professor Richardson For Being The Pioneer At Indiana University Maurer School Of Law, Kevin D. Brown
Benefiting From Breaking The Color Barrier: Tribute To Professor Richardson For Being The Pioneer At Indiana University Maurer School Of Law, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Intimate Liberties And Antidiscrimination Law, Deborah A. Widiss
Intimate Liberties And Antidiscrimination Law, Deborah A. Widiss
Articles by Maurer Faculty
In assessing laws that regulate marriage, procreation, and sexual intimacy, the Supreme Court has recognized a “synergy” between guaranteeing personal liberties and advancing equality. Courts interpreting the antidiscrimination laws that govern the private sector, however, often draw artificial and untenable lines between “conduct” and “status” to preclude protections for individuals or couples who face censure because of their intimate choices. This Article exposes how these arguments have been used to justify not only discrimination against the lesbian and gay community, but also discrimination against heterosexual couples who engage in non-marital intimacy or non-marital childrearing.
During the 1980s and 1990s, several …
End Of The Racial Age: Reflections On The Changing Racial And Ethnic Ancestry Of Blacks On Affirmative Action, Kevin D. Brown
End Of The Racial Age: Reflections On The Changing Racial And Ethnic Ancestry Of Blacks On Affirmative Action, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
The Interaction Of The Pregnancy Discrimination Act And The Americans With Disabilities Act After Young V. Ups, Deborah A. Widiss
The Interaction Of The Pregnancy Discrimination Act And The Americans With Disabilities Act After Young V. Ups, Deborah A. Widiss
Articles by Maurer Faculty
Pregnant women sometimes ask employers for accommodations – such as being able to sit on a stool or avoid heavy lifting – to permit them to work safely and productively. In 2015, in Young v. United Parcel Service, the Supreme Court held that the Pregnancy Discrimination Act (PDA) requires courts to scrutinize carefully denial of such requests. The facts in Young arose prior to the effective date of the ADA Amendments Act of 2008 (ADAAA); accordingly, the Court did not address how the ADAAA, which expanded the range of health conditions that qualify as disabilities, affects claims for accommodations under …
Lender Discrimination, Black Churches And Bankruptcy, Pamela Foohey
Lender Discrimination, Black Churches And Bankruptcy, Pamela Foohey
Articles by Maurer Faculty
Based on my original empirical research, in this Article, I expose a disparity between the demographics of the roughly 650 religious congregations that have filed for chapter 11 bankruptcy during part of the last decade and congregations nationwide. Churches with predominately black membership — Black Churches — appeared in chapter 11 more than three times as often as they appear among churches across the country. A conservative estimate of the percentage of Black Churches among religious congregation chapter 11 debtors is 60%. The likely percentage is upward of 75%. Black Churches account for 21% of congregations nationwide.
Why are Black …