Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (2)
- American Politics (1)
- Business (1)
- Civil Rights and Discrimination (1)
- Communication (1)
-
- Comparative and Foreign Law (1)
- Constitutional Law (1)
- Contracts (1)
- First Amendment (1)
- Insurance (1)
- Insurance Law (1)
- Journalism Studies (1)
- Labor and Employment Law (1)
- Law and Economics (1)
- Law and Gender (1)
- Law and Politics (1)
- Legal Education (1)
- Mass Communication (1)
- Political Science (1)
- Politics and Social Change (1)
- President/Executive Department (1)
- Sociology (1)
- Torts (1)
- Institution
Articles 1 - 5 of 5
Full-Text Articles in Law
Reckless Discrimination, Stephanie Bornstein
Reckless Discrimination, Stephanie Bornstein
UF Law Faculty Publications
If there are known, easily adopted ways to reduce bias in employment decisions, should an employer be held liable for discriminatory results when it fails to adopt such measures? Given the vast amount we now know about implicit bias and the ways to reduce it, to what extent is an employer who knowingly fails to do so engaging in intentional discrimination? This Article theorizes a “recklessness” model of discrimination under Title VII, arguing for liability where an employer acts with reckless disregard for the consequences of implicit bias and stereotyping in employment decisions. Legal scholars have argued that Title VII …
The Trump Presidency And The Press, John M. Greabe
The Trump Presidency And The Press, John M. Greabe
Law Faculty Scholarship
[Excerpt] "It is not difficult to understand why presidents frequently voice frustration with the press. Imagine being subjected to critical analysis 24/7 by reporters, bloggers and pundits who often lack complete and accurate information but face competitive pressure to publish quickly."
In Defense Of The Restatement Of Liability Insurance Law, Tom Baker, Kyle D. Logue
In Defense Of The Restatement Of Liability Insurance Law, Tom Baker, Kyle D. Logue
All Faculty Scholarship
For most non-contractual legal claims for damages that are brought against individuals or firms, there is some form of liability insurance coverage. The Restatement of the Law Liability Insurance is the American Law Institute’s first effort to “restate” the common law governing such liability insurance policies, and we are the reporters. In a recent essay funded by the insurance industry, Yale Law Professor George Priest launched a strident critique of the Restatement project, arguing that the rules adopted in the Restatement:
(a) are radically contrary to existing case law,
(b) have a naïve “pro-policyholder” bias that ignores basic economic insights …
Alternative Facts And The Post-Truth Society: Meeting The Challenge, S. I. Strong
Alternative Facts And The Post-Truth Society: Meeting The Challenge, S. I. Strong
Faculty Publications
In the hours following the 2017 U.S. presidential inauguration, the world was introduced to the concept of "alternative facts," a term that quickly became synonymous with a willingness to persevere with a particular belief either in complete ignorance of, or with a total disregard for, reality.' The increasing incidence of alternative facts in the popular and political arena creates a critical conundrum for lawyers, judges, legislators, and anyone interested in deliberative democracy, since it is unclear how rational debate can proceed if empirical evidence holds no persuasive value.
This Essay seeks to use empirical research to demonstrate that conventional means …
Equality Adds Quality: On Upgrading Higher Education And Research In The Field Of Law, Susanne Baer
Equality Adds Quality: On Upgrading Higher Education And Research In The Field Of Law, Susanne Baer
Articles
Much has been attempted, and many pro1ects are still underway aimed at achieving equality in higher education and research. Today, the key argument to demand and support the integration of gender in academia is that equality is indeed about the quality on which academic work is supposed to be based. Although more or less national political, social and cultural contexts matter as much as academic environments, regarding higher education and research, the integration of gender into the field of law seems particularly interesting. Faculties of law enjoy a certain standing and status, are closely connected to power and politics, and …