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Articles 1 - 4 of 4
Full-Text Articles in Law
Is Nominal Use An Answer To The Free Speech & Right Of Publicity Quandary?: Lessons From America’S National Pastime, Raymond Shih Ray Ku
Is Nominal Use An Answer To The Free Speech & Right Of Publicity Quandary?: Lessons From America’S National Pastime, Raymond Shih Ray Ku
Faculty Publications
No abstract provided.
Settling The Matter: Does Title I Of The Ada Work?, Sharona Hoffman
Settling The Matter: Does Title I Of The Ada Work?, Sharona Hoffman
Faculty Publications
Analysis of cases decided under Title I of the Americans with Disabilities Act (ADA), which addresses employment discrimination, reveals that defendants have consistently prevailed in well over 90% of cases since the ADA's inception. This empirical evidence has led many commentators to conclude that the ADA's Title I has failed to improve workplace conditions for individuals with disabilities.
This article attempts to assess the efficacy of Title I through a different lens. It focuses on several data sets that have previously received little attention. It examines Equal Employment Opportunity Commission merit resolutions, lawsuit settlement statistics, and reports concerning reasonable accommodation …
Parents Involved And The Meaning Of Brown: An Old Debate Renewed, Jonathan L. Entin
Parents Involved And The Meaning Of Brown: An Old Debate Renewed, Jonathan L. Entin
Faculty Publications
In Parents Involved in Community Schools v. Seattle School District No. 1 the Supreme Court debated the meaning of Brown v. Board of Education. This essay, prepared for a symposium on Parents Involved, traces the roots of the debate between color-blindness and anti-subordination to Brown itself and efforts to desegregate public schools in the wake of that decision but shows that the debate goes back at least as far as the tensions reflected in the first Justice Harlan's celebrated dissent in Plessy v. Ferguson.
Reconstituting Japanese Law: International Norms And Domestic Litigation, Timothy Webster
Reconstituting Japanese Law: International Norms And Domestic Litigation, Timothy Webster
Faculty Publications
This paper examines a number of lawsuits challenging racial discrimination in Japan’s private sector. Since Japan does not have a law banning private acts of racial discrimination, victims of racial discrimination invoke international human rights law to buttress their claims for compensation. I argue that Japanese judges are, by and large, receptive to these international law claims, but that the system for adjudicating racial discrimination disputes is inadequate. Specifically, a law that bans private acts of racial discrimination would put Japan in line with recently emergent global norms of equality.