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Full-Text Articles in Law
Struck By Stereotype: Ruth Bader Ginsburg On Pregnancy Discrimination As Sex Discrimination, Neil S. Siegel, Reva B. Siegel
Struck By Stereotype: Ruth Bader Ginsburg On Pregnancy Discrimination As Sex Discrimination, Neil S. Siegel, Reva B. Siegel
Duke Law Journal
It was always recognition that one thing that conspicuously distinguishes women from men is that only women become pregnant; and if you subject a woman to disadvantageous treatment on the basis of her pregnant status, which was what was happening to Captain Struck, you would be denying her equal treatment under the law.(1)
A Postscript To Struck By Stereotype, Ruth Bader Ginsburg
A Postscript To Struck By Stereotype, Ruth Bader Ginsburg
Duke Law Journal
No abstract provided.
Smith V. City Of Jackson: Setting An Unreasonable Standard, Jessica Sturgeon
Smith V. City Of Jackson: Setting An Unreasonable Standard, Jessica Sturgeon
Duke Law Journal
No abstract provided.
Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone
Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone
Duke Law Journal
Following Title VII's enactment, group-based employment discrimination actions flourished due to disparate impact theory and the class action device. Courts recognized that subordination that defined a group's social identity was also sufficient legally to bind members together, even when relief had to be issued individually. Woven through these cases was a notion of panethnicity that united inherently unrelated groups into a common identity, for example, Asian Americans. Stringent judicial interpretation subsequently eroded both legal frameworks and it has become increasingly difficult to assert collective employment actions, even against discriminatory practices affecting an entire group. This deconstruction has immensely disadvantaged persons …
Moving Past Hippies And Harassment: A Historical Approach To Sex, Appearance, And The Workplace, Erica Williamson
Moving Past Hippies And Harassment: A Historical Approach To Sex, Appearance, And The Workplace, Erica Williamson
Duke Law Journal
No abstract provided.
Title Vii Disparate Impact Suits Against State Governments After Hibbs And Lane, Claude Platton
Title Vii Disparate Impact Suits Against State Governments After Hibbs And Lane, Claude Platton
Duke Law Journal
No abstract provided.
Deterrence And Implied Limits On Arbitral Power, Michael A. Scodro
Deterrence And Implied Limits On Arbitral Power, Michael A. Scodro
Duke Law Journal
Employment, brokerage, and other contracts routinely include "predispute" arbitration clauses-provisions requiring the parties to submit any and all future disputes to arbitrators rather than courts. In recent years, courts have come to enforce these clauses in the vast run of cases, requiring parties to arbitrate even when the underlying dispute implicates employment discrimination, antitrust, or other "public law" rights. In response to this trend, interest has grown in the extent of courts' authority to overturn arbitral awards that do not give effect to such rights. At first blush, the Federal Arbitration Act (FAA) does not appear to authorize any such …
A Choice Of Rules In Title Vii Retaliation Claims For Negative Employer References, Sarah Carrington Walker Baker
A Choice Of Rules In Title Vii Retaliation Claims For Negative Employer References, Sarah Carrington Walker Baker
Duke Law Journal
No abstract provided.
Keeping The “Civil” In Civil Litigation: The Need For A Punitive Damage-Actual Damage Link In Title Vii Cases , David C. Searle
Keeping The “Civil” In Civil Litigation: The Need For A Punitive Damage-Actual Damage Link In Title Vii Cases , David C. Searle
Duke Law Journal
No abstract provided.
Disabilities, Discrimination, And Reasonable Accommodation, Pamela S. Karlan, George Rutherglen
Disabilities, Discrimination, And Reasonable Accommodation, Pamela S. Karlan, George Rutherglen
Duke Law Journal
No abstract provided.
The New Logic Of Affirmative Action, Charles W. Collier
The New Logic Of Affirmative Action, Charles W. Collier
Duke Law Journal
No abstract provided.
Racial Justice In The Age Of The Global Economy: Community Empowerment And Global Strategy, Anthony D. Taibi
Racial Justice In The Age Of The Global Economy: Community Empowerment And Global Strategy, Anthony D. Taibi
Duke Law Journal
No abstract provided.
Nonsmoking Hiring Policies: Examining The Status Of Smokers Under Title I Of The Americans With Disabilities Act Of 1990, Mark W. Pugsley
Nonsmoking Hiring Policies: Examining The Status Of Smokers Under Title I Of The Americans With Disabilities Act Of 1990, Mark W. Pugsley
Duke Law Journal
No abstract provided.
Aids And Erisa Preemption: The Double Threat, James R. Bruner
Aids And Erisa Preemption: The Double Threat, James R. Bruner
Duke Law Journal
No abstract provided.
Religious Preferences In Employment Decisions: How Far May Religious Organizations Go?, Scott D. Mcclure
Religious Preferences In Employment Decisions: How Far May Religious Organizations Go?, Scott D. Mcclure
Duke Law Journal
No abstract provided.
Cleaning Labor’S House: Institutional Reform Litigation In The Labor Movement, Michael J. Goldberg
Cleaning Labor’S House: Institutional Reform Litigation In The Labor Movement, Michael J. Goldberg
Duke Law Journal
No abstract provided.
Reinstating Vacated Findings In Employment Discrimination Class Actions: Reconciling General Telephone Co. V. Falcon With Hill V. Western Electric Co., Robert P. Monyak
Reinstating Vacated Findings In Employment Discrimination Class Actions: Reconciling General Telephone Co. V. Falcon With Hill V. Western Electric Co., Robert P. Monyak
Duke Law Journal
No abstract provided.
Dependents’ Pregnancy-Related Medical Benefits And The Pregnancy Discrimination Act, Gusti W. Frankel
Dependents’ Pregnancy-Related Medical Benefits And The Pregnancy Discrimination Act, Gusti W. Frankel
Duke Law Journal
No abstract provided.
The Presence Of State Action In United Steelworkers V. Weber, Randolph K. Herndon
The Presence Of State Action In United Steelworkers V. Weber, Randolph K. Herndon
Duke Law Journal
No abstract provided.