Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Section 2 As An “Adequate Substitute” For Section 5: Proposing An “Effects-Only” Test As An Amendment To Section 2 Of The Voting Rights Act Of 1965, Bernice M. Bird
Section 2 As An “Adequate Substitute” For Section 5: Proposing An “Effects-Only” Test As An Amendment To Section 2 Of The Voting Rights Act Of 1965, Bernice M. Bird
Bernice M. Bird
As the U.S. Supreme Court shall finally determine whether Section 5 of the Voting Rights Act of 1965 is unconstitutional next year in Shelby County, Ala. v. Holder, most suppressed minority voters may be left with only Section 2 as a remedy for voting discrimination challenges. However, the federal courts have consistently interpreted Section 2's "results" or "intent" test contrary to the legislative intent of Section 2 in increasing the burden for plaintiffs to demonstrate discriminatory intent of racial bias in enacting election laws. Thus, Section 2 currently serves as an inadequate substitute for redressing voting discrimination should the Supreme …
The Conflicting Judicial Interpretations Of “Employee” Under The Fair Labor Standards Act: Precluding Employee Status To Student Interns And Its Effect On Employer Exploitation, Bernice M. Bird
Bernice M. Bird
Nationally, the Department of Labor has increased its investigations into internships upon reports of employer exploitation. However, the class of interns and trainees remain without the remedy of backpay under the Fair Labor Standards Act (FLSA) primarily because of the judiciary’s interpretation of the term “employee.” The judiciary has broadly precluded interns and trainees employee status under the FLSA, unless either a contractual obligation is shown or all of the Walling factors are substantiated. With regard to the latter, the courts have incorrectly applied the rule of statutory construction as it pertains to the FLSA. Rather than broadly interpreting whether …