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Articles 1 - 6 of 6
Full-Text Articles in Law
A Distorted Mirror: The Supreme Court's Shimmering View Of Summary Judgment, Directed Verdict, And The Value Of Adjudication, Jeffrey W. Stempel
A Distorted Mirror: The Supreme Court's Shimmering View Of Summary Judgment, Directed Verdict, And The Value Of Adjudication, Jeffrey W. Stempel
Scholarly Works
As almost anyone alive during the past decade knows, this is the era of the ‘litigation explosion,’ or there is at least the perception that a litigation explosion exists. Although all agree that the absolute number of lawsuits has increased in virtually every corner of the state and federal court systems, there exists vigorous debate about whether the increase is unusual in relative or historical terms and even more vigorous debate about whether the absolute increase in cases symbolizes the American concern for fairness and justice or represents a surge in frivolous or trivial disputes needlessly clogging the courts. As …
Women In Religious Congregations And Politics, Leslie C. Griffin
Women In Religious Congregations And Politics, Leslie C. Griffin
Scholarly Works
No abstract provided.
Making Uncle Sam Pay: A Review Of Equal Access To Justice Act Cases In The Sixth-Circuit, 1983-1987, Martin A. Geer, Paul Reingold
Making Uncle Sam Pay: A Review Of Equal Access To Justice Act Cases In The Sixth-Circuit, 1983-1987, Martin A. Geer, Paul Reingold
Scholarly Works
Traditionally, the “American rule” for the award of attorneys’ fees has provided that parties will bear their own attorney costs absent the exceptional circumstances in which the losing party has acted in bad faith or the litigation has provided a substantial public benefit. For successful parties in litigation against the federal government, the doctrine of sovereign immunity has precluded an award of attorneys’ fees even if the “American rule” exceptions were met. Only the express waiver of immunity will allow a fee award for private parties who prevail against the government in judicial or administrative proceedings. Despite the existence of …
Test Defamation In The Workplace: False Positive Results In Detecting Lies, Aids, Or Drug Use, Elaine W. Shoben
Test Defamation In The Workplace: False Positive Results In Detecting Lies, Aids, Or Drug Use, Elaine W. Shoben
Scholarly Works
Workplace tests given to applicants or employees can be divided into two general types: (1) Tests with results that measure ability or performance on a continuous, comparative scale and (2) tests with essentially dichotomous results indicating the truth or falsity of some fact about the worker. Aptitude tests or quantified supervisorial ratings fall into the first category. They have been the subject of substantial litigation brought primarily under Title VII of the Civil Rights Act of 1964. In contrast, the second category of workplace tests has received comparatively little judicial attention. This group includes drug tests, other medical tests such …
The Dialogue Of The Heart And Head, Lynne Henderson
The Dialogue Of The Heart And Head, Lynne Henderson
Scholarly Works
No abstract provided.
Rationality - And The Irrational Underinclusiveness Of The Civil Rights Laws, Peter Brandon Bayer
Rationality - And The Irrational Underinclusiveness Of The Civil Rights Laws, Peter Brandon Bayer
Scholarly Works
Congress has enacted a series of civil rights laws designed to protect individuals from public an private forms of irrational discrimination. To be lawful, such civil rights statutes must conform with the definition of rationality required by the Fifth and Fourteenth Amendments. Yet, in one fashion, these statutes are as irrational as the behavior they seek to control. The statutes protect only certain classes of individuals in limited instances. This article argues that the existing civil rights laws, although integral to a free society, are but a first step. The statute will never be fully rational, never completely fair, until …