Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Employment (3)
- Civil rights (2)
- Discrimination (2)
- proposal. (1)
- ADA (1)
-
- ADA lawsuit (1)
- ADA lawsuits (1)
- ADA litigation (1)
- ADEA (1)
- Adverse (1)
- After-acquired evidence (1)
- Americans with Disabilities Act (1)
- Anderson v. Liberty Lobby (1)
- Chilling effect (1)
- City council (1)
- City lawsuit (1)
- City litigation (1)
- Civil Rights (1)
- Civil Rights Act (1)
- Civil Rights Act of 1991 (1)
- Civil rights act of 1991 (1)
- Collateral attack (1)
- Collateral attack doctrine (1)
- Consent decree (1)
- Consent decrees (1)
- Costly (1)
- County government (1)
- County lawsuit (1)
- County litigation (1)
- Discovery (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Fairness And Finality: Third-Party Challenges To Employment Discrimination Consent Decrees After The 1991 Civil Rights Act, Marjorie A. Silver
Fairness And Finality: Third-Party Challenges To Employment Discrimination Consent Decrees After The 1991 Civil Rights Act, Marjorie A. Silver
Scholarly Works
In this Article, Professor Silver examines Section 108 of the Civil Rights Act of 1991, which limits challenges to employment practices taken pursuant to employment discrimination consent decreea The Article traces the development of the impermissible collateral attack doctrine, that doctrine's demise in Martin v. Wilks, and Congress' response to Martin as embodied in Section 108. Professor Silver also suggests ways in which Section 108 should be administered to comply with the Due Process Clause and argues for specific additional federal legislation to protect non-litigants or potential third-party challengers as well as to foster the utility and finality of legitimate …
Introduction (Symposium On Municipal Liability), Patricia E. Salkin
Introduction (Symposium On Municipal Liability), Patricia E. Salkin
Scholarly Works
No abstract provided.
Credulous Courts And The Tortured Trilogy: The Improper Use Of Summary Judgment In Title Vii And Adea Cases, Ann C. Mcginley
Credulous Courts And The Tortured Trilogy: The Improper Use Of Summary Judgment In Title Vii And Adea Cases, Ann C. Mcginley
Scholarly Works
Civil rights are under siege. In mid-1989, the United States Supreme Court decided several cases that severely limit the civil rights claims and remedies available to a plaintiff claiming employment discrimination. This Article examines the gradual and continuing erosion of the factfinder's role in federal employment discrimination cases and its replacement by an increasing use of summary judgment through which the courts make pretrial determinations formerly reserved for the factfinder at trial. This trend not only represents a major shift in court procedure and, in the case of age discrimination claims, a transfer of power from juries to judges, but …
Reinventing Reality: The Impermissible Intrusion Of After-Acquired Evidence In Title Vii Litigation, Ann C. Mcginley
Reinventing Reality: The Impermissible Intrusion Of After-Acquired Evidence In Title Vii Litigation, Ann C. Mcginley
Scholarly Works
This Article analyzes the use of after-acquired evidence to defeat a discrimination victim's claim against her employer. The use of the Mount Healthy and Price Waterhouse mixed motives analysis in after-acquired evidence cases is misplaced because it is impossible for the permissible motive—resume fraud—to have been a factor in the adverse employment decision. Furthermore, after the enactment of the Civil Rights Act of 1991, it would be an improper judicial intrusion upon the power of the legislature for courts to apply mixed motives analysis to these cases. Besides the constitutional limitation on the judiciary's power created by the Civil Rights …