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Articles 1 - 11 of 11

Full-Text Articles in Law

Title Vii Disparate Impact Suits Against State Governments After Hibbs And Lane, Claude Platton Dec 2005

Title Vii Disparate Impact Suits Against State Governments After Hibbs And Lane, Claude Platton

Duke Law Journal

No abstract provided.


White (House) Lies: Why The Public Must Compel The Courts To Hold The President Accountable For National Security Abuses, Eric K. Yamamoto Apr 2005

White (House) Lies: Why The Public Must Compel The Courts To Hold The President Accountable For National Security Abuses, Eric K. Yamamoto

Law and Contemporary Problems

The warning of a threat to national security has been used throughout US history as a means for the US government to execute repressive actions. Even today, the judiciary must take responsibility for defending citizens against such potential abuses by the executive branch.


Should Noncommercial Associations Have An Absolute Right To Discriminate?, Andrew Koppelman Oct 2004

Should Noncommercial Associations Have An Absolute Right To Discriminate?, Andrew Koppelman

Law and Contemporary Problems

An association is more likely to win immunity from an antidiscrimination law, the more clearly its message is a discriminatory one. Boy Scouts of America v. Dale is in some tension with this rule, but the opinion is so muddled that it establishes no new rule to displace the old one.


Crime And Custom In Corporate Society: A Cultural Perspective On Corporate Misconduct, John M. Conley, William M. O'Barr Jul 1997

Crime And Custom In Corporate Society: A Cultural Perspective On Corporate Misconduct, John M. Conley, William M. O'Barr

Law and Contemporary Problems

Conley and O'Barr take an anthropological perspective on three cases of alleged corporate misconduct--car dealer discrimination, Archer Daniels Midland, and the tobacco industry trials.


The Path Of Most Resistance: The Long Road Toward Gender Equity In Intercollegiate Athletics, Deborah Brake, Elizabeth Catlin Apr 1996

The Path Of Most Resistance: The Long Road Toward Gender Equity In Intercollegiate Athletics, Deborah Brake, Elizabeth Catlin

Duke Journal of Gender Law & Policy

While sports have long played an important role in educating boys and young men in leadership, physical fitness and competitive skills, only recent- ly have girls and young women had the chance to benefit from athletic opportunities. Over two decades of experience with a federal statute pro- hibiting sex discrimination in school sports programs have brought important successes in opening doors for female athletes. However, enforcement of equal opportunity in this area has encountered strong resistance from the athletic establishment, which has fought efforts to equalize resources and opportunities for young women. Heightened enforcement of equal athletic opportunity in the …


Still On The Sidelines: Developing The Non-Discrimination Paradigm Under Title Ix, Brian A. Snow, William E. Thro Apr 1996

Still On The Sidelines: Developing The Non-Discrimination Paradigm Under Title Ix, Brian A. Snow, William E. Thro

Duke Journal of Gender Law & Policy

I. Introduction Despite the promises of equal opportunity for women signalled by the passage of Title IX of the Education Amendments of 1972 (Title IX), 1 little progress in the creditable realization of this goal occurred in intercollegiate or interscholastic athletics between 1972 and 1992. 2 This lack of progress was unfortunate. 3 In many ways, most women were still on the sidelines. However, recent judicial decisions have allowed many, but certainly not all, women to leave the sidelines and enter the playing fields as equals. By virtue of three landmark cases, Cohen v. Brown, 4 Roberts v. Colorado State …


Gender Law, Katharine T. Bartlett Jan 1994

Gender Law, Katharine T. Bartlett

Duke Journal of Gender Law & Policy

The inauguration of the DUKE JOURNAL OF GENDER LAW & POLICY represents an exciting step in the institutionalization of a subject area in academic law formerly found only at the fringe of legal scholarship and law school curriculums. Often shunned as a political activity inappropriate to institutions committed to academic rigor, objectivity, and neutrality, gender law has begun to lay down roots as a disciplined set of inquiries that enhance the rigor of conventional legal study and offer tools for improving the objectivity and neutrality of law, even as it challenges the conventional meanings of those concepts. There are two …


Pay Equity And Women’S Wage Increases: Success In The States, A Model For The Nation, Heidi I. Hartmann, Stephanie Aaronson Jan 1994

Pay Equity And Women’S Wage Increases: Success In The States, A Model For The Nation, Heidi I. Hartmann, Stephanie Aaronson

Duke Journal of Gender Law & Policy

By 1989, twenty states had implemented programs to raise the wages of workers in female-dominated job classes in their state civil services. A study of these pay equity programs, conducted by the Institute for Women's Policy Research and the Urban Institute, found that all twenty states were successful in closing the female/male wage gap without substantial negative side effects such as increased unemployment. The extent to which the states succeeded depended on many factors including how much money was spent, the proportion of women affected, and the standard to which female wages were raised. As women's responsibilities for their families' …


Dimensions Of Equality: Doctrines Of Limitation, Drew S. Days Iii Jan 1992

Dimensions Of Equality: Doctrines Of Limitation, Drew S. Days Iii

Law and Contemporary Problems

No abstract provided.


The Canadian Judicial Approach To Equality Rights: Freedom Ride Or Roller Coaster?, M. David Lepofsky Jan 1992

The Canadian Judicial Approach To Equality Rights: Freedom Ride Or Roller Coaster?, M. David Lepofsky

Law and Contemporary Problems

The routes that can be followed by the Supreme Court at the crossroad to full equality rights protection are discussed. The Court should not tolerate any stereotyping of the elderly, women, the handicapped or anyone else.


Obscuring The Importance Of Race: The Implication Of Making Comparisons Between Racism And Sexism (Or Other-Isms), Trina Grillo, Stephanie M. Wildman Apr 1991

Obscuring The Importance Of Race: The Implication Of Making Comparisons Between Racism And Sexism (Or Other-Isms), Trina Grillo, Stephanie M. Wildman

Duke Law Journal

No abstract provided.