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Articles 1 - 10 of 10
Full-Text Articles in Law
The Influence Of Justice Thurgood Marshall On The Development Of Title Vii Jurisprudence, Wendy B. Scott, Jada Akers, Amy White
The Influence Of Justice Thurgood Marshall On The Development Of Title Vii Jurisprudence, Wendy B. Scott, Jada Akers, Amy White
Journal Articles
This Article highlights Justice Marshall’s influence on the development of Title VII jurisprudence. Part I presents a brief overview of Justice Marshall’s personal and professional life before becoming a Justice to show how his experience influenced the development of his judicial philosophy. Part II summarizes the Court’s approach to some of the issues left unresolved by Congress in the initial passage of Title VII. Specifically, it explores how the Court determined what would constitute a violation of Title VII and standards of pleading and proof. Part III examines the changes in the Court’s jurisprudence before Justice Marshall retired from the …
Equality Lost In Time And Space: Examining The Race/Class Quandary With Personal Pedagogical Lessons From A Course, A Film, A Case, And An Unfinished Movement, Angela Mae Kupenda
Equality Lost In Time And Space: Examining The Race/Class Quandary With Personal Pedagogical Lessons From A Course, A Film, A Case, And An Unfinished Movement, Angela Mae Kupenda
Journal Articles
This essay is both personal and pedagogical. My hope is that it issues a clarion call to legal educators and administrators to choose the pursuit of racial and class equality. I believe that, as law faculty and administrators, we must first address our personal quandaries with race and class before we can effectively address the racial and class implications in our pedagogical or administrative roles in legal education. This essay focuses on race and class and is a clarion call for legal academics and administrators to address ongoing structural racism and classism in our institutions, by starting with our own …
The Call And The Response: The Call, The 1991 Open Letter From Federal Judge A. Leon Higginbotham, Jr., And The 25 Years Of Response From Justice Clarence Thomas, Angela Mae Kupenda
The Call And The Response: The Call, The 1991 Open Letter From Federal Judge A. Leon Higginbotham, Jr., And The 25 Years Of Response From Justice Clarence Thomas, Angela Mae Kupenda
Journal Articles
In 1991, Clarence Thomas was confirmed as the first Black radical conservative Justice, in spite of opposition including credible allegations of sexual harassment lodged against him. His unprecedented confirmation evoked unprecedented reactions, including written ones. One such written action is the basis for this article. Our nation is now fast approaching the anniversary, not only of Thomas’ 25 ceremonial years on the Court, but also of almost 25 years since an unprecedented, published, pointed, open, publicly and widely circulated correspondence was sent to the newly confirmed Justice Thomas by another Black judge. Esteemed Federal Judge A. Leon Higginbotham, Jr., penned …
The Final Step To Insider Trading Reform: Answering The "It's Just Not Right!" Objection, John P. Anderson
The Final Step To Insider Trading Reform: Answering The "It's Just Not Right!" Objection, John P. Anderson
Journal Articles
This Article proceeds as follows: Section I sets the table by dismissing the notion that economic analysis of law should enjoy some privileged status (as more precise, rigorous, or scientific) over ethical analysis of law. Rather, it is suggested that economic and ethical reasons are best understood as different tools suited for different roles in legal reform. It is then argued that, given the current climate, ethical reasoning is the best tool for overcoming the remaining obstacles to insider trading reform in the United States. Section II begins the ethical analysis by arguing that even if it were admitted that …
Why U.S. States Need Pension Waiver Credits, Randall K. Johnson
Why U.S. States Need Pension Waiver Credits, Randall K. Johnson
Journal Articles
[A] new tax expenditure concept, which is described for the first time in this article, achieves its goal by providing fresh consideration for each of the parties. This additional consideration takes two forms: a new tax credit allocation (i.e., this tax expenditure provides early access to retirement benefits, which would otherwise be accessible upon retirement, and thereby provides fresh consideration for public employees) and the right to discontinue offering defined-benefit pension plans (i.e., the waiver of this legal duty, which would otherwise need to be discharged, serves as fresh consideration for public employers). Because this fresh consideration is not tied …
Mentoring Pluses For Underrepresented Faculty, Angela Mae Kupenda
Mentoring Pluses For Underrepresented Faculty, Angela Mae Kupenda
Journal Articles
Much has been written about the demands from mentoring students. Mentoring is regarded as service work placed on top of faculty demands of teaching, scholarship, and more service. While the benefits to underrepresented faculty are numerous, here I focus on three: mentoring students can help save our career when we are tempted to leave the building running fast; mentoring students can provide student allies to help verify the truth about our greatness; and, mentoring students helps to pass on the legacy.
Who’S Exercising What Power: Toward A Judicially-Manageable Nondelegation Doctrine, Martin Edwards
Who’S Exercising What Power: Toward A Judicially-Manageable Nondelegation Doctrine, Martin Edwards
Journal Articles
This Article argues that the traditional, "intelligible principle" nondelegation analysis is incomplete and that an examination of the delegate, rather than just the delegation, more effectively animates the doctrine. This is true not only as a practical matter; early Supreme Court cases, as well as later ones, have taken a keen interest in the recipient of the alleged delegation. In other words, a realistic and judicially enforceable nondelegation doctrine must include more than a mere tip of the juridical cap.
Solving The Paradox Of Insider Trading Compliance, John P. Anderson
Solving The Paradox Of Insider Trading Compliance, John P. Anderson
Journal Articles
Regulators demand the impossible when they require issuers to design and implement effective insider trading compliance programs because insider trading is a crime that neither Congress nor the Securities Exchange Commission has defined with any specificity. This problem of uncertainty is then compounded by the threat of heavy civil and criminal sanctions for violations. Placed between this rock and hard place, issuers tend to adopt overbroad insider trading compliance programs, which comes at a heavy price in terms of corporate culture, cost of compensation, share liquidity, and cost of capital. The irony is that, since all of these costs are …
Higher Education: Putting Our Children On The Bus To Success, Angela Mae Kupenda
Higher Education: Putting Our Children On The Bus To Success, Angela Mae Kupenda
Journal Articles
To protect our Black youth and other youth of color given the many incidents still occurring today, many responses are necessary, including: nonviolent protests, demands for legal and justice reform, instructing our youth on the realities of racism in America, and law suits for the injuries from state sanctioned and private racialized violence. While all of these, and more, are needed, we must not lose sight of the offense that is also called for.
When Does Corporate Criminal Liability For Insider Trading Make Sense?, John P. Anderson
When Does Corporate Criminal Liability For Insider Trading Make Sense?, John P. Anderson
Journal Articles
It is clear that not all insider trading is victimless, and not all employers of insider traders are innocent. But I am convinced that these critics are correct to point out that the current enforcement regime is absurdly overbroad in that it affords no principled guarantee to corporate victims of insider trading that they will not be indicted for the crimes perpetrated against them. The law should be reformed to ensure that corporations are only held criminally liable where they are guilty of some wrongdoing.