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Articles 1 - 7 of 7

Full-Text Articles in Law

Share Transfer Restrictions In Close Corporations As Mechanisms For Intelligible Corporate Outcomes, Stephen J. Leacock Oct 2011

Share Transfer Restrictions In Close Corporations As Mechanisms For Intelligible Corporate Outcomes, Stephen J. Leacock

Faculty Scholarship

No abstract provided.


Religious Documents And The Establishment Clause, Brian Sites Oct 2011

Religious Documents And The Establishment Clause, Brian Sites

Faculty Scholarship

A priest, a rabbi, and an imam walk into a contract lawyer's office. Fortunately, this is not the opening of a lawyer joke, but it might well be the prelude to a complicated constitutional question about the interaction of the First Amendment and contract law. Pastors, priests, rabbis, imams, religious schools, churches, religious businesses, and a wealth of faith-based groups all enter into contractual agreements. Not surprisingly, these agreements often contain religious language, and sometimes they even hinge on provisions invoking expressly religious concepts. Religious documents come in a variety of forms, including marriage contracts, disposition of property documents, agreements …


Unshackling Addiction: A Public Health Approach To Drug Use During Pregnancy, Seema Mohapatra Jan 2011

Unshackling Addiction: A Public Health Approach To Drug Use During Pregnancy, Seema Mohapatra

Faculty Scholarship

No abstract provided.


Attribution Of Criminal Liability A Critical Comparison Of The Us Doctrine Of Conspiracy And The Icty Doctrine Of Joint Criminal Enterprise From An American Perspective, Mark A. Summers Jan 2011

Attribution Of Criminal Liability A Critical Comparison Of The Us Doctrine Of Conspiracy And The Icty Doctrine Of Joint Criminal Enterprise From An American Perspective, Mark A. Summers

Faculty Scholarship

No abstract provided.


Fingerprints Of Equitable Estoppel And Promissory Estoppel On The Statute Of Frauds In Contact Law, Stephen J. Leacock Jan 2011

Fingerprints Of Equitable Estoppel And Promissory Estoppel On The Statute Of Frauds In Contact Law, Stephen J. Leacock

Faculty Scholarship

No abstract provided.


When "The Evil Day" Comes, Will Title Vii's Disparate Impact Provision Be Narrowly Tailored To Survive An Equal Protection Clause Challenge?, Eang L. Ngov Jan 2011

When "The Evil Day" Comes, Will Title Vii's Disparate Impact Provision Be Narrowly Tailored To Survive An Equal Protection Clause Challenge?, Eang L. Ngov

Faculty Scholarship

"The road to hell is paved with good intentions." Employers must be careful about the intentional and unintentional effect of their employment practices, even when acting with good motive. Title VII’s disparate impact provision holds employers liable for employment practices that cause an adverse impact on racial groups, even when the employment practice applies equally to all groups and was not implemented to disadvantage a particular group. A prima facie case of disparate impact can arise solely based on numbers - a comparison between the rate at which one racial group passes a test or is selected for hiring or …


Respecting Language As Part Of Ethnicity: Title Vii And Language Discrimination At Work, Carlo A. Pedrioli Jan 2011

Respecting Language As Part Of Ethnicity: Title Vii And Language Discrimination At Work, Carlo A. Pedrioli

Faculty Scholarship

This article argues that, in the absence of a legitimate, non-discriminatory reason or a business necessity, Title VII of the 1964 Civil Rights Act can protect employees from language-based discrimination in the workplace. Language is a part of one’s ethnicity, which refers to one’s culture. Ethnicity, much as race already does, should receive protection under Title VII. Plaintiffs, however, have the burden of proof in litigation, and so a plaintiff who sues under a discrimination theory should have to make his or her case to the appropriate fact-finder. Drawing upon the insights of critical theory, particularly to explore concepts like …