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Full-Text Articles in Law

Bridges Of Law, Ideology, And Commitment, Steven L. Winter Jan 2022

Bridges Of Law, Ideology, And Commitment, Steven L. Winter

Touro Law Review

Law has a distinctive temporal structure—an ontology—that defines it as a social institution. Law knits together past, present, purpose, and projected future into a demand for action. Robert Cover captures this dynamic in his metaphor of law as a bridge to an imagined future. Law’s orientation to the future necessarily poses the question of commitment or complicity. For law can shape the future only when people act to make it real. Cover’s bridge metaphor provides a lens through which to explore the complexities of law’s ontology and the pathologies that arise from its neglect or misuse. A bridge carries us …


Challenges In Bringing Gender Equity Into The Workplace: Addressing Common Concerns Women Have When Deciding To Hold Employers Accountable For Gender Discrimination, Siobhan Klassen Jan 2021

Challenges In Bringing Gender Equity Into The Workplace: Addressing Common Concerns Women Have When Deciding To Hold Employers Accountable For Gender Discrimination, Siobhan Klassen

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Gender Pay Gap, In Relation To Professional Sports, Bryan Ramdat Jan 2021

The Gender Pay Gap, In Relation To Professional Sports, Bryan Ramdat

Journal of Race, Gender, and Ethnicity

No abstract provided.


Amen Over All Men: The Supreme Court’S Preservation Of Religious Rights And What That Means For Fulton V. City Of Philadelphia, Christopher Manettas Jan 2021

Amen Over All Men: The Supreme Court’S Preservation Of Religious Rights And What That Means For Fulton V. City Of Philadelphia, Christopher Manettas

Journal of Race, Gender, and Ethnicity

No abstract provided.


Wearing My Crown To Work: The Crown Act As A Solution To Shortcomings Of Title Vii For Hair Discrimination In The Workplace, Margaret Goodman Jan 2021

Wearing My Crown To Work: The Crown Act As A Solution To Shortcomings Of Title Vii For Hair Discrimination In The Workplace, Margaret Goodman

Touro Law Review

No abstract provided.


Rbg And Gender Discrimination, Eileen Kaufman Jan 2021

Rbg And Gender Discrimination, Eileen Kaufman

Touro Law Review

No abstract provided.


Seeking Economic Justice In The Face Of Enduring Racism, Deseriee A. Kennedy Jan 2021

Seeking Economic Justice In The Face Of Enduring Racism, Deseriee A. Kennedy

Scholarly Works

No abstract provided.


Rbg And Gender Discrimination, Eileen Kaufman Jan 2021

Rbg And Gender Discrimination, Eileen Kaufman

Scholarly Works

No abstract provided.


Mixed Signals: What Can We Expect From The Supreme Court In This Post-Ada Amendments Act Era?, Nicole Buonocore Porter Jan 2019

Mixed Signals: What Can We Expect From The Supreme Court In This Post-Ada Amendments Act Era?, Nicole Buonocore Porter

Touro Law Review

No abstract provided.


The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer L. Levi Jan 2019

The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer L. Levi

Touro Law Review

No abstract provided.


The Application Of Title Ii Of The Americans With Disabilities Act To Employment Discrimination: Why The Circuits Have Gotten It Wrong, William Brooks Jan 2019

The Application Of Title Ii Of The Americans With Disabilities Act To Employment Discrimination: Why The Circuits Have Gotten It Wrong, William Brooks

Touro Law Review

No abstract provided.


Associational Discrimination: How Far Can It Go?, Jessica Vogele Jan 2016

Associational Discrimination: How Far Can It Go?, Jessica Vogele

Touro Law Review

No abstract provided.


Discrimination Cases Of The 2002 Term, Eileen Kaufman Dec 2014

Discrimination Cases Of The 2002 Term, Eileen Kaufman

Touro Law Review

No abstract provided.


The Psychotherapist-Patient Privilege, Michael L. Orenstein Dec 2014

The Psychotherapist-Patient Privilege, Michael L. Orenstein

Touro Law Review

No abstract provided.


Discrimination Cases In The October 2004 Term, Eileen M. Kaufman Dec 2014

Discrimination Cases In The October 2004 Term, Eileen M. Kaufman

Touro Law Review

No abstract provided.


The Supreme Court’S Heightened Retaliation Standard In Nassar: A Prudent Limitation Or A Misguided Restriction To Title Vii Claims?, Darren Stakey Nov 2014

The Supreme Court’S Heightened Retaliation Standard In Nassar: A Prudent Limitation Or A Misguided Restriction To Title Vii Claims?, Darren Stakey

Touro Law Review

No abstract provided.


Federalism And Business Decisions In The October 2005 Term, Carter G. Phillips Jun 2014

Federalism And Business Decisions In The October 2005 Term, Carter G. Phillips

Touro Law Review

No abstract provided.


Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Eileen Kaufman Jun 2014

Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Eileen Kaufman

Touro Law Review

No abstract provided.


Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Leon Friedman Jun 2014

Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Leon Friedman

Touro Law Review

No abstract provided.


Civil Rights And Related Decisions, Eileen Kaufman May 2014

Civil Rights And Related Decisions, Eileen Kaufman

Touro Law Review

No abstract provided.


Ledbetter V. Goodyear Tire & Rubber Co., Derrick A. Bell Jr. May 2014

Ledbetter V. Goodyear Tire & Rubber Co., Derrick A. Bell Jr.

Touro Law Review

No abstract provided.


Contesting A Contestation Of Testing: A Reply To Richard Delgado, Dan Subotnik Jan 2014

Contesting A Contestation Of Testing: A Reply To Richard Delgado, Dan Subotnik

Scholarly Works

This article was written as part of an ongoing dialog about the author’s previous article, Does Testing = Race Discrimination?: Ricci, The Bar Exam, the LSAT, and the Challenge to Learning, which defended the Supreme Court’s decision in Ricci v. DeStefano, as well as defending testing more generally against charges of irrelevance, racial obtuseness, and most seriously, race discrimination.

This article specifically responds to Richard Delgado’s article, Standardized Testing as Discrimination: A Reply to Dan Subotnik.


Race Indeed Above All: A Reply To Professors Andrea Curcio, Carol Chomsky, And Eileen Kaufman, Dan Subotnik Jan 2014

Race Indeed Above All: A Reply To Professors Andrea Curcio, Carol Chomsky, And Eileen Kaufman, Dan Subotnik

Scholarly Works

This article was written as part of an ongoing dialog about the author’s previous article, Does Testing = Race Discrimination?: Ricci, The Bar Exam, the LSAT, and the Challenge to Learning, which defended the Supreme Court’s decision in Ricci v. DeStefano, as well as defending testing more generally against charges of irrelevance, racial obtuseness, and most seriously, race discrimination.

This article specifically responds to Andrea A. Curcio, Carol L. Chomsky, and Eileen Kaufman’s article, Testing, Diversity, and Merit: A Reply to Dan Subotnik and Others.


Employment Discrimination Decisions From The October 2008 Term, Drew S. Days Iii Sep 2012

Employment Discrimination Decisions From The October 2008 Term, Drew S. Days Iii

Touro Law Review

Several employment discrimination decisions were handed down this Term. They were Ricci v.DeStefano (Title VII); Gross v.FBL Financial Services, Inc. (Age Discrimination in Employment Act); AT & T Corp. v. Hulteen (Pregnancy Discrimination Act); and 14 Penn Plaza L.L. C. v. Pyett, which concerned the impact of arbitration agreements upon the reach of federal employment discrimination laws.


Civil Rights Litigation From The October 2007 Term, Martin A. Schwartz Jan 2009

Civil Rights Litigation From The October 2007 Term, Martin A. Schwartz

Touro Law Review

No abstract provided.


Civil Rights And Related Decisions, Eileen Kaufman Jan 2008

Civil Rights And Related Decisions, Eileen Kaufman

Scholarly Works

This article analyzes two cases from the October 2006 Supreme Court Term, Ledbetter v. Goodyear Tire & Rubber Co. and Gonzales v. Carhart. The cases have much in common, even though Ledbetter concerns pay disparity claims based on gender and Gonzales concerns second trimester abortions. Both are five-four decisions which demonstrate how profoundly the appointment of Justice Samuel Alito to occupy Justice Sandra Day O'Connor's seat has affected the balance of power on the Court. The net result of this shift has been a devastating setback for women's rights. Both decisions prompted Justice Ruth Bader Ginsburg to uncharacteristically read aloud …


Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981(Eighteenth Annual Supreme Court Review), Eileen Kaufman Jan 2007

Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981(Eighteenth Annual Supreme Court Review), Eileen Kaufman

Scholarly Works

No abstract provided.


Federal Employment Law: Current Problems And A Call For Reform, Joseph Prud'homme Aug 2006

Federal Employment Law: Current Problems And A Call For Reform, Joseph Prud'homme

Journal of Race, Gender, and Ethnicity

No abstract provided.


Discrimination Cases In The October 2004 Term, Eileen Kaufman Jan 2006

Discrimination Cases In The October 2004 Term, Eileen Kaufman

Scholarly Works

No abstract provided.


Discrimination Cases Of The 2002 Term (Symposium: The Fifteenth Annual Supreme Court Review), Eileen Kaufman Jan 2004

Discrimination Cases Of The 2002 Term (Symposium: The Fifteenth Annual Supreme Court Review), Eileen Kaufman

Scholarly Works

No abstract provided.