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Full-Text Articles in Law
Sociological Justice, Christopher M. Adams
Sociological Justice, Christopher M. Adams
Michigan Law Review
A Review of Sociological Justice by Donald Black
English-Only Rules And The Right To Speak One's Primary Language In The Workplace, Juan F. Perea
English-Only Rules And The Right To Speak One's Primary Language In The Workplace, Juan F. Perea
University of Michigan Journal of Law Reform
This Article analyzes the issues raised by English-only rules and the decisions discussing these rules. Part I reviews the leading cases on English-only rules. The Article then explores several issues that must be considered in deciding any English-only rule case under Title VII. Part II addresses whether speaking one's primary language should constitute a protected right as an aspect of national origin under Title VII. This Article argues that primary language should be protected under Title VII for several reasons: the courts and the EEOC construe the term "national origin" broadly; primary language constitutes a fundamental aspect of ethnicity and …
Benign Classification Based On Race Must Be Narrowly Tailored To Achieve A Compelling Governmental Interest., Martha J. Hess
Benign Classification Based On Race Must Be Narrowly Tailored To Achieve A Compelling Governmental Interest., Martha J. Hess
St. Mary's Law Journal
In City of Richmond v. J.A. Croson Co., the Supreme Court held a minority business utilization plan (Richmond Plan) was violative of the Fourteenth Amendment’s Equal Protection Clause. The Richmond Plan required all builders awarded city construction contracts to subcontract, at minimum, 30% of the contract value to Minority Business Enterprises. A state government enacting legislation that burdens one class of persons and benefits a similarly-situated class must provide sufficient justification for its action to survive equal protection analysis. When distinction is based on race or national origin—classes considered inherently suspect—a reviewing court subjects the governmental legislation to strict scrutiny, …