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Articles 12481 - 12510 of 14933
Full-Text Articles in Law
An Education Of Their Own: The Precarious Position Of Publicly Supported Black Colleges After United States V. Fordice, Darryll K. Jones
An Education Of Their Own: The Precarious Position Of Publicly Supported Black Colleges After United States V. Fordice, Darryll K. Jones
Journal Publications
In United States v. Fordice, the United States Supreme Court revisited the awesome task of eliminating race from educational policy. Fordice ostensibly involved the duty of a state to remedy past discrimination in its formerly segregated system of higher education. Mississippi argued that it need only cease further discrimination, while private petitioners and the United States argued that the state must also undertake remedial measures beyond simply ending present discriminatory practices. The Court's rejection of Mississippi's approach and its adherence to the Brown v. Board of Education demand to eliminate race as a factor in educational opportunity uncovered the hidden …
Overqualified, Unqualified Or Just Right: Thinking About Age Discrimination And Taggart V. Time, Julia C. Lamber
Overqualified, Unqualified Or Just Right: Thinking About Age Discrimination And Taggart V. Time, Julia C. Lamber
Articles by Maurer Faculty
No abstract provided.
What States Owe Outsiders, Matthew D. Adler
Face At The Bottom Of The Well (Book Review), Willy E. Rice
Face At The Bottom Of The Well (Book Review), Willy E. Rice
Faculty Articles
No abstract provided.
The Bar Against Challenges To Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. Mcginnis
The Bar Against Challenges To Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. Mcginnis
Articles
No abstract provided.
The Rights Of Gays To Adopt Children: Fortifying The Defenses Against Societal Prejudice, Stephanie Landay
The Rights Of Gays To Adopt Children: Fortifying The Defenses Against Societal Prejudice, Stephanie Landay
Cardozo Journal of Equal Rights & Social Justice
The article argues that the right of gays to adopt children is often denied due to societal prejudices and biases, which influence court decisions. It advocates for the adoption of the "nexus test" to ensure that decisions are based on the best interest of the child, free from discrimination. The article also emphasizes the need to classify gays as a suspect class to overturn discriminatory statutes.
Peremptory Challenges: Free Strikes No More, H. Patrick Furman
Peremptory Challenges: Free Strikes No More, H. Patrick Furman
Publications
No abstract provided.
Attitudinal Barriers To Hiring Attorneys With Disabilities, Michael Ashley Stein
Attitudinal Barriers To Hiring Attorneys With Disabilities, Michael Ashley Stein
Faculty Publications
No abstract provided.
A Unified Approach To Causation In Disparate Treatment Cases: Using Sexual Harassment By Supervisors As The Causal Nexus For The Discriminatory Motivating Factor In Mixed Motive Cases, Margaret E. Johnson
A Unified Approach To Causation In Disparate Treatment Cases: Using Sexual Harassment By Supervisors As The Causal Nexus For The Discriminatory Motivating Factor In Mixed Motive Cases, Margaret E. Johnson
All Faculty Scholarship
This Comment examines a unified approach for disparate treatment mixed motives claims paired with sexual harassment claims under Title VII. The Author argues that because of the policy for nondiscriminatory and desegregated work environments embodied in Title VII, and because of the documented harm resulting from sexual harassment, courts should allow the burden of proof to shift to the defendant if the plaintiff demonstrates that her supervisor sexually harassed her, or condoned the harassment, and that the harassing supervisor made an employment decision that was adverse to her.
Did The Slaves Author The Thirteenth Amendment? An Essay In Redemptive History, Guyora Binder
Did The Slaves Author The Thirteenth Amendment? An Essay In Redemptive History, Guyora Binder
Journal Articles
American constitutional interpretation is deeply traditionalist, and privileges original intent. The difficulty with thus authorizing the past in interpreting the Thirteenth Amendment is that it purports to abolish custom and tradition as unjust. This essay argues that, given the Amendment’s denunciation of the polity that enacted it as illegitimate, its questionable formal pedigree, and the agency of the slaves in precipitating, defining, and resolving the crisis that enabled it, the slaves have a moral claim to status as its authors. It follows that the original intent guiding interpretation should be that of the slaves themselves.
A Date With Justice: Prostitution And The Decriminalization Debate, Margaret A. Baldwin
A Date With Justice: Prostitution And The Decriminalization Debate, Margaret A. Baldwin
Cardozo Journal of Equal Rights & Social Justice
The article critiques the decriminalization of prostitution, arguing that it fails to address the systemic exploitation and violence faced by women in prostitution. The author contends that decriminalization would empower pimps, johns, and legal systems to further exploit women, as it legitimizes their power dynamics. The analysis emphasizes the need to prioritize the survival and empowerment of prostituted women over legal reforms that benefit their exploiters.
Equal Educational Opportunity: The Rehnquist Court Revisits Green And Swann, Brian K. Landsberg
Equal Educational Opportunity: The Rehnquist Court Revisits Green And Swann, Brian K. Landsberg
McGeorge School of Law Scholarly Articles
No abstract provided.
Labor Law: Tate V. Browning-Ferris Industries: Oklahoma Creates A Common Law Action For Employment Discrimination, Brad Rogers Carson
Labor Law: Tate V. Browning-Ferris Industries: Oklahoma Creates A Common Law Action For Employment Discrimination, Brad Rogers Carson
Oklahoma Law Review
No abstract provided.
The Dynamics Of Homosocial Reproduction In Academic Institutions, Paula Dressel, Bernadette Weston Hartfield, Ruby L. Gooley
The Dynamics Of Homosocial Reproduction In Academic Institutions, Paula Dressel, Bernadette Weston Hartfield, Ruby L. Gooley
American University Journal of Gender, Social Policy & the Law
No abstract provided.
A Feminist Critique Of Mandatory Arrest: An Analysis Of Race And Gender In Domestic Violence Policy, Miriam H. Ruttenberg
A Feminist Critique Of Mandatory Arrest: An Analysis Of Race And Gender In Domestic Violence Policy, Miriam H. Ruttenberg
American University Journal of Gender, Social Policy & the Law
No abstract provided.
A Case Of Clothing And Smell Obsession In A Bisexual Adult Woman Marianne Wesson, Marianne Wesson
A Case Of Clothing And Smell Obsession In A Bisexual Adult Woman Marianne Wesson, Marianne Wesson
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Roots Of The Underclass: The Decline Of Laissez-Faire Jurisprudence And The Rise Of Racist Labor Legislation, David E. Bernstein
Roots Of The Underclass: The Decline Of Laissez-Faire Jurisprudence And The Rise Of Racist Labor Legislation, David E. Bernstein
American University Law Review
No abstract provided.
Sexual Harassment, Wrongful Discharge, And Employer Liability: The Employer's Dilemma, Sarah Needleman Kline
Sexual Harassment, Wrongful Discharge, And Employer Liability: The Employer's Dilemma, Sarah Needleman Kline
American University Law Review
No abstract provided.
Reactionary Constitutional Identity, Ruti G. Teitel
Reactionary Constitutional Identity, Ruti G. Teitel
Cardozo Law Review
No abstract provided.
The Constitutional Judge: Master Or Slave Of The Constitution?, Dominique Rousseau
The Constitutional Judge: Master Or Slave Of The Constitution?, Dominique Rousseau
Cardozo Law Review
No abstract provided.
Transitional Constitutions, Arthur J. Jacobson
Transitional Constitutions, Arthur J. Jacobson
Cardozo Law Review
No abstract provided.
Native American Inmates And Prison Grooming Regulations: Today's Justified Scalps: Iron Eyes V. Henry, William Norman
Native American Inmates And Prison Grooming Regulations: Today's Justified Scalps: Iron Eyes V. Henry, William Norman
American Indian Law Review
No abstract provided.
Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer
Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer
Articles & Chapters
No abstract provided.
Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski
Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski
Faculty Scholarship
Three weeks before he died in May 1873, the frail and ailing Salmon P. Chase joined three of his brethren in dissent in one of the most important cases ever decided by the United States Supreme Court, the Slaughter-House Cases.1 This decision was a watershed in United States constitutional history for several reasons. Doctrinally, it represented a rejection of the virtually unanimous decisions of the lower federal courts upholding the constitutionality of revolutionary federal civil rights laws enacted in the aftermath of the Civil War. Institutionally, it was an example of extraordinary judicial activism in overriding the legislative will of …
The Legal Rhetorical Structure For The Conversion Of Desegregation Lawsuits To Quality Education Lawsuits, Kevin D. Brown
The Legal Rhetorical Structure For The Conversion Of Desegregation Lawsuits To Quality Education Lawsuits, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
A Reply To Cummings: Are The Racial Realists Forced To Embrace The Legal Rationale Of The Liberal And Integrationist Structures?, Kevin D. Brown
A Reply To Cummings: Are The Racial Realists Forced To Embrace The Legal Rationale Of The Liberal And Integrationist Structures?, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Recent Developments In The Termination Of School Desegregation Decrees, Kevin D. Brown
Recent Developments In The Termination Of School Desegregation Decrees, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Structures Of Subordination: Women Of Color At The Intersection Of Title Vii And The Nlra. Not!, Elizabeth M. Iglesias
Structures Of Subordination: Women Of Color At The Intersection Of Title Vii And The Nlra. Not!, Elizabeth M. Iglesias
Articles
No abstract provided.
Introduction (Symposium On Municipal Liability), Patricia E. Salkin
Introduction (Symposium On Municipal Liability), Patricia E. Salkin
Scholarly Works
No abstract provided.
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
Touro Law Review
No abstract provided.