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Full-Text Articles in Law
Papercuts: Hierarchical Microaggressions In Law Schools, Nantiya Ruan
Papercuts: Hierarchical Microaggressions In Law Schools, Nantiya Ruan
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The Article investigates law schools as locations of workplace fairness by examining its hierarchical structure and the power dynamics at work. Others have researched and written on the myriad ways in which “legal skills faculty” are treated unfairly as compared to those that primarily teach non-skills (or doctrinal classes) because of the subject matter that they teach and the assumptions that are made about their credentials and ability to contribute to the law school mission. Likewise, other scholars have critically examined the discrimination experienced by law school faculty members based on race, gender, sexual orientation, and other identities. What has …
Aging On Air: Sex, Age, And Television News, Rebecca H. White
Aging On Air: Sex, Age, And Television News, Rebecca H. White
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The best piece of advice I received when I began teaching law was to adopt Charlie Sullivan's and Mike Zimmer's casebook for my Employment Discrimination class. Before I became a law professor, I had no clue how important choosing the right textbook is, not only for the students but for the teacher. I also was unaware of how much I had to learn about a subject I thought I knew well. I had been litigating employment discrimination cases for several years, but when I began teaching, I quickly learned how much I did not know. Charlie's and Mike's casebook, through …
Building Worker Collective Action Through Technology, Ruben J. Garcia
Building Worker Collective Action Through Technology, Ruben J. Garcia
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The COVID-19 pandemic has exacerbated the inequality between workers and their employers, and decreased worker power over their terms and conditions of employment. At the same time, the workers are more dispersed than ever, with more employers disestablishing the traditional office in favor of a hybrid model that further atomizes workers and makes collective action harder. At the same time, the ability for workers to organize themselves on social media and on company e-mail systems has been limited by recent decisions of the National Labor Relations Board (NLRB), and are always subject to possible employer discovery and retaliation. New technologies …
Retaliation: 462 Clark County School District V. Breeden, 532 U.S. 268 (2001), Rebecca White
Retaliation: 462 Clark County School District V. Breeden, 532 U.S. 268 (2001), Rebecca White
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Clark County School District v. Breeden, to my mind, has always been a sleeper case. A per curiam opinion, it takes up no more than five pages in the US reports, yet when I taught this case to my employment discrimination students, we often would spend a full class period – and sometimes more – on it. Why? Because it presents virtually every issue that can crop up under section 704 of Title VII of the Civil Rights Act of 1964, the statute’s antiretaliation provision.
Foreword: The Labor Constitution In 2020, Ruben J. Garcia
Foreword: The Labor Constitution In 2020, Ruben J. Garcia
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No abstract provided.
Feminist Perspectives On Bostock V. Clay County, Georgia, Ann C. Mcginley, Nicole Porter, Danielle Weatherby, Ryan Nelson, Pamela Wilkins, Catherine Archibald
Feminist Perspectives On Bostock V. Clay County, Georgia, Ann C. Mcginley, Nicole Porter, Danielle Weatherby, Ryan Nelson, Pamela Wilkins, Catherine Archibald
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This jointly-authored essay is a conversation about the Supreme Court’s recent and groundbreaking decision (Bostock v. Clayton County) that held that discrimination based on sexual orientation or gender identity is discrimination based on sex, and therefore prohibited by Title VII of the Civil Rights Act of 1964. While many scholars are writing about this case, we are doing something unique. We are analyzing this decision from feminist perspectives. We are the editors and four of the authors of a book recently published by Cambridge University Press: Feminist Judgments: Rewritten Employment Discrimination Opinions. This book contains fifteen Supreme Court and Courts …