Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
The Uk Disability Discrimination Act 2005 , Aparna Meduri
The Uk Disability Discrimination Act 2005 , Aparna Meduri
Aparna Meduri
No abstract provided.
Traditional Values Or New Tradition Of Prejudice? The Boy Scouts Of America Vs. The Unitarian Universalist Association Of Congregations, Eric Alan Isaacson
Traditional Values Or New Tradition Of Prejudice? The Boy Scouts Of America Vs. The Unitarian Universalist Association Of Congregations, Eric Alan Isaacson
Eric Alan Isaacson
President William Howard Taft, a Unitarian leader whose liberal faith had been viciously attacked by religious conservatives in the 1908 presidential campaign, used the White House as a platform in 1911 to launch a new nonsectarian organization for youth: The Boy Scouts of America (“BSA”). Lately, however, the BSA itself has come under the control of religious conservatives – who in 1992 banned Taft’s denomination from the BSA’s Religious Relationships Committee, and in 1998 threw Taft’s denomination out of its Religious Emblems Program. The denomination’s offense: A tradition of teaching its children that institutionalized discrimination is wrong. Unitarian Universalist religious …
Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit
Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit
Nancy Levit
The thesis of The Heuristics Problem is that the societal problems about which identity theorists are most concerned often spring from and are reinforced by thinking riddled with heuristic errors. This article first investigates the ways heuristic errors influence popular perceptions of feminist issues. Feminists and critical race theorists have explored the cognitive bias of stereotyping, but have not examined the ways probabilistic errors can have gendered consequences. Second, The Heuristics Problem traces some of the ways cognitive errors have influenced the development of laws relating to gender issues. It explores instances in judicial decisions in which courts commit heuristic …
Disentangling Disparate Impact And Disparate Treatment: Adapting The Canadian Approach, Joseph A. Seiner
Disentangling Disparate Impact And Disparate Treatment: Adapting The Canadian Approach, Joseph A. Seiner
Joseph A. Seiner
The legal framework for alleging disparate impact and disparate treatment claims in cases involving discriminatory employment standards has long been confused. The uncertainty of how to proceed in these cases has created analytical problems for both the federal courts and the litigants. There is a fine line between intentional and unintentional discrimination claims when it comes to employment standards, and that line is often blurred. A uniform approach for analyzing these cases is therefore needed. This article looks to the Canadian approach of analyzing discrimination claims in the employment standards context, and, borrowing from that model, proposes a three-part analytical …