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- Constitutional Law; Mental Health; Mental Illness; Substantive Due Process; Fourteenth Amendment; Fifth Amendment (1)
- Constitutional Law; Search & Seizure; Linguistics; Constitutional Amendments (1)
- Employment Law; Maternity Leave; Unemployment (1)
- Ethics; Legal Ethics; Lawyer Malpractice; Professional Conduct (1)
- Professional Responsibility (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Wimberly And Beyond: Analyzing The Refusal To Award Unemployment Compensation To Women Who Terminate Prior Employment Due To Pregnancy, Mary F. Radford
Wimberly And Beyond: Analyzing The Refusal To Award Unemployment Compensation To Women Who Terminate Prior Employment Due To Pregnancy, Mary F. Radford
Faculty Publications By Year
In Wimberly v. Labor & Industrial Relations Commission, the Supreme Court interpreted section 3304(a)(12) of the Federal Unemployment Tax Act (FUTA), which requires that states not dent unemployment benefits "solely on the basis of pregnancy," as an antidiscrimination statue, rather that one requiring preferential treatment for pregnant and formerly pregnant women. Professor Mary Radford argues that given the ambiguous legislative history and other Supreme Court precedent in the area of unemployment compensation, Wimberly could just as easily have held that FUTA's language requires preferential treatment to pregnant and formerly pregnant women. She further argues that given the current realities that …
A Linguistic Analysis Of The Meanings Of "Search" In The Fourth Amendment: A Search For Common Sense, Clark D. Cunningham
A Linguistic Analysis Of The Meanings Of "Search" In The Fourth Amendment: A Search For Common Sense, Clark D. Cunningham
Faculty Publications By Year
This article offers a new technique for analyzing and evaluating competing interpretations of a legal text and applies that technique to one of the most debated questions of modern constitutional interpretation: the meaning of "searches" in the first clause of the fourth amendment. This Technique is called the "common sense" approach because it begins with a semantic analysis of the text in terms of the sense that the key words have in everyday speech. Such analysis reveals a complex of interlocked concepts that underlies the ability of speakers to recognize meaningful uses of these words. The common sense approach then …
Criminal Misconduct: Ethical Rule Usage Leads To Regulation Of The Legal Profession, Ellen S. Podgor
Criminal Misconduct: Ethical Rule Usage Leads To Regulation Of The Legal Profession, Ellen S. Podgor
Faculty Publications By Year
No abstract provided.
Deferring To The Judgment Of Mental Health And Related Professionals In Striking The Constitutional Balance Between Individual Liberty And The Interests Of The State, Patrick Wiseman
Faculty Publications By Year
No abstract provided.
Professional Responsibility, Clark D. Cunningham
Professional Responsibility, Clark D. Cunningham
Faculty Publications By Year
No abstract provided.