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- An element in determining liability or grade of offense. What is objectionable (1)
- And generally is not held to be (1)
- And what generally has been prohibited (1)
- Anti-religion (1)
- Anti-sexual preference (1)
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- As well as dangers of infringing constitutionally protected speech or expressive conduct. One might conclude that (1)
- Baltimore (1)
- Baltimore Colts (1)
- Burden of proof (1)
- Camden Yards (1)
- Civil Rights Act (1)
- Elder Law (1)
- Employment law (1)
- Football (1)
- Hate motivation is best avoided as an offense or grading element (1)
- In favor of more objective factors present in such offenses. A promising alternative is the criminalization of conduct that is intended to cause (or risk) intimidation or terror of an identifiable group. That alternative avoids the possibility of First Amendment problems and is consistent with mainstream criminal law theory by punishing an actor according to the extent of the harm caused (1)
- Is use of an actor's character or general set of values as an element of liability or grading; but motive is not character. By keeping the law's focus only upon the character attributes relevant to the conduct constituting the offense (1)
- It does not follow that motive is necessarily the best criterion for defining the harms and evils that hate crimes seek to punish. Using an actor's bigoted motivation as a defining characteristic creates special difficulties in implementation and application (1)
- It is said (1)
- Labor law (1)
- Motive in fact serves a useful role in reducing the temptation of liability inquiries to stray towards punishing general character. While reliance upon motive may be consistent with traditional criminal law theory (1)
- NAACP (1)
- Notwithstanding the claims to the contrary (1)
- Or intended. (1)
- Or other anti-group motive. I will argue that motive ought to be and commonly is (1)
- Ought not be (1)
- Relevant to criminal liability. Hate crimes violate this rule by taking account of the actor's motive - his or her anti-race (1)
- Risked (1)
- Sexual harassment (1)
- Stadium (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
Groveling At The Feet Of Football's Greedy Lords, Kenneth Lasson
Groveling At The Feet Of Football's Greedy Lords, Kenneth Lasson
All Faculty Scholarship
No abstract provided.
Health Care In The Inner City: Asking The Right Question, Sidney D. Watson
Health Care In The Inner City: Asking The Right Question, Sidney D. Watson
All Faculty Scholarship
MIAMI-June Kirchik, fifty-eight years old, discovered a large lump in her breast. When she went to a private hospital, she was denied treatment because she was indigent and her case was not considered an emergency. A public hospital performed a biopsy, which was positive, and gave her an appointment for treatment three weeks later. When Mrs. Kirchik arrived for treatment, however, the public hospital turned her away because she had not yet applied for Medicaid. Mrs. Kirchik tried another public hospital, but was turned away because she was not a resident of the hospital's service area. When Mrs. Kirchik's story …
Hate Crimes: Crimes Of Motive, Character, Or Group Terror?, Paul H. Robinson
Hate Crimes: Crimes Of Motive, Character, Or Group Terror?, Paul H. Robinson
All Faculty Scholarship
hate crimes, criminal liability
A Unified Approach To Causation In Disparate Treatment Cases: Using Sexual Harassment By Supervisors As The Causal Nexus For The Discriminatory Motivating Factor In Mixed Motive Cases, Margaret E. Johnson
A Unified Approach To Causation In Disparate Treatment Cases: Using Sexual Harassment By Supervisors As The Causal Nexus For The Discriminatory Motivating Factor In Mixed Motive Cases, Margaret E. Johnson
All Faculty Scholarship
This Comment examines a unified approach for disparate treatment mixed motives claims paired with sexual harassment claims under Title VII. The Author argues that because of the policy for nondiscriminatory and desegregated work environments embodied in Title VII, and because of the documented harm resulting from sexual harassment, courts should allow the burden of proof to shift to the defendant if the plaintiff demonstrates that her supervisor sexually harassed her, or condoned the harassment, and that the harassing supervisor made an employment decision that was adverse to her.
The Age Discrimination In Employment Act, Title Vii, And The Civil Rights Act Of 1991: Three Acts And A Dog That Didn’T Bark, Howard C. Eglit
The Age Discrimination In Employment Act, Title Vii, And The Civil Rights Act Of 1991: Three Acts And A Dog That Didn’T Bark, Howard C. Eglit
All Faculty Scholarship
No abstract provided.
Rust V. Sullivan And The Control Of Knowledge, Dorothy E. Roberts
Rust V. Sullivan And The Control Of Knowledge, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Racism And Patriarchy In The Meaning Of Motherhood, Dorothy E. Roberts
Racism And Patriarchy In The Meaning Of Motherhood, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.