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Full-Text Articles in Law
The New Sex Discrimination, Zachary A. Kramer
The New Sex Discrimination, Zachary A. Kramer
Duke Law Journal
Sex discrimination law has not kept pace with the lived experience of discrimination. In the early years of Title VII of the Civil Rights Act of 1964, courts settled on an idea of what sex discrimination looks like—formal practices that exclude employees based on their group membership. The problem is that sex discrimination has become highly individualized. Modern sex discrimination does not target all men or all women, nor does it target subgroups of men or women. The victims of modern sex discrimination are particular men and women who face discrimination because they do not or cannot conform to the …
Interpreting Begay After Sykes: Why Reckless Offenses Should Be Eligible To Qualify As Violent Felonies Under The Acca’S Residual Clause, Cornelia J.B. Gordon
Interpreting Begay After Sykes: Why Reckless Offenses Should Be Eligible To Qualify As Violent Felonies Under The Acca’S Residual Clause, Cornelia J.B. Gordon
Duke Law Journal
Passed as part of the Armed Career Criminal Act, 18 U.S.C. § 924(e) subjects felons in possession of firearms to a strict mandatory minimum sentence if the offenders have three prior state or federal convictions that qualify as serious drug offenses or violent felonies. A crime qualifies as a violent felony under the residual clause, 18 U.S.C. § 924(e)(2)(B)(ii), if it is one of the enumerated offenses of "burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another." Current federal circuit court interpretations of the Supreme Court's …
Is The White Collar Offender Privileged?, Samuel W. Buell
Is The White Collar Offender Privileged?, Samuel W. Buell
Duke Law Journal
Much public commentary has asserted or implied that the American criminal-justice system unjustly privileges individuals who commit crimes in corporations and financial markets. This Article demonstrates that this claim is not accurate—at least not in the ways commonly believed. Law and practice of sentencing, evidence, and criminal procedure cannot persuasively be described as privileging the white collar offender. Substantive criminal law makes charges in white collar cases easier to bring and harder to defend against than in other cases. Enforcement institutions, and the political economy in which they exist, include features that both shelter corporate offenders and heighten their exposure …
A New Approach To Shareholder Standing Before The European Court Of Human Rights, Sarah C. C. Tishler
A New Approach To Shareholder Standing Before The European Court Of Human Rights, Sarah C. C. Tishler
Duke Journal of Comparative & International Law
No abstract provided.