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Articles 1 - 3 of 3
Full-Text Articles in Law
The Amended Proposal For A Directive On Services In The Internal Market And Its Potential Impact On The Irish Tourism Industry, Bruce Carolan
The Amended Proposal For A Directive On Services In The Internal Market And Its Potential Impact On The Irish Tourism Industry, Bruce Carolan
Articles
The European Union Services Directive, Directive 2006/123, was very controversial. The popular press focused on that aspect of the Directive which would have allowed employers to comply with the 'home' regulations when offering services in an EU 'host' country. For example, a cleaning service could employ Polish workers to clean Irish offices and paid them according to Polish minimum wage laws. As a result of the controversy, this aspect of the Directive was dropped. The controversy deflected attention from the broader impact of the Services Directive. The Directive, as ultimately adopted, will require member states to conduct an 'audit' of …
Judicial Review Of Thirteenth Amendment Legislation: 'Congruence And Proportionality' Or 'Necessary And Proper'?, William M. Carter Jr.
Judicial Review Of Thirteenth Amendment Legislation: 'Congruence And Proportionality' Or 'Necessary And Proper'?, William M. Carter Jr.
Articles
The Thirteenth Amendment has relatively recently been rediscovered by scholars and litigants as a source of civil rights protections. Most of the scholarship focuses on judicial enforcement of the Amendment in lawsuits brought by individuals. However, scholars have paid relatively little attention as of late to the proper scope of congressional action enforcing the Amendment. The reason, presumably, is that it is fairly well settled that Congress enjoys very broad authority to determine what constitutes either literal slavery or, to use the language of Jones v. Alfred H. Mayer Co., a "badge or incident of slavery" falling within the Amendment's …
Perceiving Subtle Sexism: Mapping The Social-Psychological Forces And Legal Narratives That Obscure Gender Bias, Deborah L. Brake
Perceiving Subtle Sexism: Mapping The Social-Psychological Forces And Legal Narratives That Obscure Gender Bias, Deborah L. Brake
Articles
This essay seeks to explain the Davis v. Monroe County Board of Education case as an interpretation of discrimination that notably and correctly focuses on how institutions cause sex-based harm, rather than on whether officials within chosen institutions act with a discriminatory intent. In the process, I discuss what appears to be the implicit theory of discrimination underlying the Davis decision: that schools cause the discrimination by exacerbating the harm that results from sexual harassment by students. I then explore the significance of the deliberate indifference requirement in this context, concluding that the standard, for all its flaws, is distinct …