Law Commons^™

Remedying Underinclusive Statutes, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: A California employer who does not want to comply with California's mandatory unpaid pregnancy leave statute has reached the United States Supreme Court. The employer seeks to have the statute invalidated, claiming it is preempted by the Pregnancy Discrimination Act of Title VII of the Civil Rights Act of 1964. The employer is arguing that the California pregnancy leave act is fatally underinclusive because it does not provide similar employment protection for workers with short-term disabilities. The district court agreed with the employer; the court of appeals did not.

When Separate Is Equal: Why Organized Religious Exercises, Unlike Chess, Do Not Belong In The Public Schools (Symposium: Freedom Of Association), Ruti Teitel

Articles & Chapters

No abstract provided.

The Bfoq Defense In Adea Suits: The Scope Of "Duties Of The Job", Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin

Touro Law Review

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

Scholarly Works

No abstract provided.

Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski

Faculty Scholarship

The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …

Evaluation Of Subjective Selection Systems In Title Vii Employment Discrimination Cases: A Misuse Of Disparate Impact Analysis, Stacey B. Babson

Cardozo Law Review

No abstract provided.

The “Program Or Activity” Rule In Anti-Discrimination Law: A Comment On S.272, H.R.700, And S.431, John H. Garvey

Scholarly Articles

In 1984 the Supreme Court determined in Grove City College v. Bell that the antidiscrimination provisions of Title IX of the Education Amendments of 1972 were program-specific rather than institution-wide in application. In response, several legislative proposals designed to mitigate or reverse the Grove City decision have been introduced in Congress. These proposals include the Civil Rights Restoration Act of 1985 (H.R. 700 and S. 431) and the Civil Rights Amendments Act of 1985 (S. 272). In this Article, Professor Garvey argues that institution-wide application of Title IX and similar antidiscrimination statutes would in many instances lead to results inconsistent …

Righting Past Wrongs: When Affirmative Action May Be Reverse Discrimination, Neal Devins

Faculty Publications

No abstract provided.

Defining Effective Civil Rights Enforcement In Education, Neal Devins

Faculty Publications

No abstract provided.

Quality-Of-Life Ethics And Constitutional Jurisprudence: The Demise Of Natural Rights And Equal Protection For The Disabled And Incompetent, Robert A. Destro

Scholarly Articles

Part I of this article will attempt to identify some of the basic legal issues in the debate over the rights of the disabled and aged to minimal health care and nourishment. Part II will argue that the practice of defining the rights of the person functionally, rather than as a matter of principle, is an old one which had largely been eliminated after the adoption of the Fourteenth Amendment, but that it is now resurgent in some quarters as a means to an end which would be impossible were the definition to be based on an explicit principle of …

Faculty Parenthood: Law School Treatment Of Pregnancy And Child Care, Richard H. Chused

Journal of Legal Education

No abstract provided.

Sex Discrimination In Newscasting, Leslie S. Gielow

Michigan Law Review

This Note argues that the current judicial deference to viewer surveys used by television stations in newscasting employment decisions is unwarranted. Part I explores how different treatment of women newscasters constitutes sex-plus discrimination. Part II demonstrates that viewer surveys almost always reflect sexual stereotypes that are impermissible under title VII, and argues that such surveys should be presumptively inadmissible as evidence to rebut a claim of sex discrimination. Indeed, mere use of these surveys may in and of itself establish a prima facie case of sex discrimination.

Part III contends that sex discrimination in the news industry resulting from the …

Quick Termination Of Insubstantial Civil Rights Claims: Qualified Immunity And Procedural Fairness, Edmund L. Carey, Jr.

Vanderbilt Law Review

The Harlow Court both altered the substantive law of qualified immunity and established a procedural goal for implementing the defense. This Note will focus primarily on the procedural aspects of the decision. In the three years that have elapsed since Harlow, lower courts have struggled to carry out the Supreme Court's directive to resolve the qualified immunity issue, if possible, on summary judgment. As a consequence, three distinct but First, what are the outer bounds of the ban on factual inquiry into an official's subjective state of mind? Second, which party, plaintiff or defendant, should bear the burden of proof …

Thornburg V. Gingles, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

University Of Tennessee V. Elliot, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Michigan V. Jackson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Moran V. Burbine, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Meritor Savings Bank, Fsb V. Vinson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Local 28 Of The Sheetmetal Workers' International Association V. Equal Employment Opportunity Commission (Eeoc), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Local No. 93, Intern. Ass'n Of Firefighters, Afl-Cio C.L.C. V. City Of Cleveland, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Racial Defamation As Free Speech: Abusing The First Amendment, Kenneth Lasson

All Faculty Scholarship

The traditional view of the first amendment's free speech guarantee as absolute, allowing few and narrow exceptions, reflects the Constitution's dedication to an open and unfettered exchange of ideas. Those thoughts that are abhorrent to a free society, the argument goes, will wither when aired but fester if suppressed. Moreover, who is to decide which ideas are offensive? The interests of the state may well be inferior to those of the people, the wisdom of public servants often suspect in quality and motivation. But freedom of speech is so precious and delicate a liberty it must be preserved at great …

The Bona Fide Occupational Qualification Exception--Clarifying The Meaning Of"Occupational Qualification", Jane W. May

Vanderbilt Law Review

The Age Discrimination in Employment Act (ADEA) prohibits employment decisions that discriminate against people aged forty to seventy because of their age. An exception to the ADEA permits otherwise unlawful age discrimination when age is a "bonafide occupational qualification [BFOQ] reasonably necessary to the normal operation of the particular business.'' To invoke this exception successfully, an employer must produce evidence from which a court can conclude that age is a valid BFOQ. Currently,some confusion exists as to whether an employer's evidence must establish that age is relevant to the performance of the employee's specific duties or whether this evidence need …

The Class-Based Animus Requirement Of 42 U.S.C. § 1985(3): A Limiting Strategy Gone Awry?, Devin S. Schindler

Michigan Law Review

This Note focuses on Scott's impact on attempts to determine what groups fall within the statute. Part I examines the various class-based animus formulas generated by the circuits since Griffin and the potential impact of Scott on these formulas. Part II argues that the key to understanding the scope of the class-based animus requirement lies in traditional fourteenth amendment equal protection analysis.

Accountant Guilty Of Sex Bias, New York Times

Ann B. Hopkins Papers

No abstract provided.

Judge Faults Firm’S Sexual Stereotyping In Not Promoting Woman, Sandra Evans

Ann B. Hopkins Papers

No abstract provided.

Correspondence: Letter, September 13, 1985 To Dr. Saffy, Duval County Hospital Authority, Betty Holzendorf

Saffy Collection - All Textual Materials

A letter stating Dr. Edna L. Saffy’s confirmation of appointment to the Duval County Hospital Authority by Mayor Jake M. Godbold scheduled to come before the Rules Committee September 19, 1985.

Letter: Hugh Cotney; Edna Saffy, Hugh Cotney

Saffy Collection - All Textual Materials

A letter from attorney Hugh Cotney to Dr. Edna L. Saffy regarding an article and Betty Castor's campaign. September 3, 1985.

Title Vii And The Applicability Of Disparate Impact Analysis To Subjective Selection Criteria, Jane Rigler

West Virginia Law Review

Discrimination-free employment practices have been mandated in this country for over twenty years, yet all members of American society do not share equal employment opportunities. One need only compare the unemployment rate of blacks to whites to conclude that complexion bears a remarkable relationship to employment experiences. A reminder that the earning power of American women is vastly different than that of men is evidence enough that gender is a factor in employment decisions. Most employers have abandoned their more overtly discriminatory practices such as outright refusals to employ members of racial minorities or women, termination of a woman on …

Concurrent Jurisdiction Of Title Vii Actions

Washington and Lee Law Review

No abstract provided.