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Articles 31 - 60 of 68
Full-Text Articles in Law
The More You Spend, The More You Save: Can The Spending Clause Save Federal Antidiscrimination Laws, Ann Carey Juliano
The More You Spend, The More You Save: Can The Spending Clause Save Federal Antidiscrimination Laws, Ann Carey Juliano
Villanova Law Review
No abstract provided.
The Potential For Discrimination In Health Insurance Based On Predictive Genetic Tests, Karen H. Rothenberg
The Potential For Discrimination In Health Insurance Based On Predictive Genetic Tests, Karen H. Rothenberg
Congressional Testimony
No abstract provided.
'Suitable Targets'? Parallels And Connections Between 'Hate Crimes' And 'Driving While Black', Lu-In Wang
'Suitable Targets'? Parallels And Connections Between 'Hate Crimes' And 'Driving While Black', Lu-In Wang
Articles
While hate crimes may tend to be less routine and more violent than discriminatory traffic stops, closer examination of each shows the need to complicate our understanding of both. The work of social scientists who have studied racial profiling reveals striking similarities and connections between these two practices. In particular, both hate crimes and racial profiling tend to be condemned only at extremes, in situations where they appear to be irrational and excessive, but overlooked in cases where they seem logical or are expected. The tendency to see only the most extreme cases as problematic, however, fails to recognize that …
Seeking Redress For Gender-Based Bias Crimes- Charting New Ground In Familiar Legal Territory, Julie Goldscheid, Risa E. Kaufman
Seeking Redress For Gender-Based Bias Crimes- Charting New Ground In Familiar Legal Territory, Julie Goldscheid, Risa E. Kaufman
Michigan Journal of Race and Law
This Essay will analyze how courts have defined gender-motivation, focusing on the Civil Rights Remedy cases decided before the law was struck down, in an attempt to cull from those cases the standards federal courts have used to assess gender-motivation. The article will first provide an overview of existing and proposed laws that offer some form of redress for gender-motivated crimes. It will then analyze cases decided under the Civil Rights Remedy, focusing on two key issues that have arisen as policymakers struggle with whether and how gender-based bias crimes fit in the rubric of hate crimes legislation. The first …
"Suitable Targets"? Parallels And Connections Between "Hate" Crimes And "Driving While Black", Lu-In Wang
"Suitable Targets"? Parallels And Connections Between "Hate" Crimes And "Driving While Black", Lu-In Wang
Michigan Journal of Race and Law
This Essay seeks to show that there is less to some of these apparent differences than meets the eye. While hate crimes may tend to be less routine and more violent than discriminatory traffic stops, closer examination of each shows the need to complicate our understanding of both. The work of social scientists who have studied bias-motivated violence and of legal scholars who have studied racial profiling- prominent among them my fellow panelist, Professor David A. Harris- reveals striking similarities and connections between the two practices. In particular, both hate crimes and racial profiling tend to be condemned only at …
Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren Lenard Hutchinson
Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren Lenard Hutchinson
Michigan Journal of Race and Law
This Article arises out of the intersectionality and post-intersectionality literature and makes a case against the essentialist considerations that informed the Human Rights Campaign's endorsement of United States Senator Alfonse D'Amato. Part I discusses the pitfalls that occur when scholars and activists engage in essentialist politics and treat identities and forms of subordination as conflicting forces. Part II examines how essentialism negatively affects legal theory in the equality context. Part III considers the historical motivation for and the efficacy of the "intersectionality" response to the problem of essentialism. Part III also extensively analyzes the "multidimensional" critiques of essentialism offered by …
Striking A Sincere Balance: A Reasonable Black Person Standard For "Location Plus Evasion" Terry Stops, Mia Carpiniello
Striking A Sincere Balance: A Reasonable Black Person Standard For "Location Plus Evasion" Terry Stops, Mia Carpiniello
Michigan Journal of Race and Law
Randall Susskind originally proposed the "reasonable African American standard” for Terry stops as a way to minimize racial disparities in Fourth Amendment jurisprudence. This paper will expand upon Susskind's suggested standard within the specific context of "location plus evasion" stops, in which suspects are stopped upon flight in a high-crime neighborhood. Part one will present the reasonable Black person standard in the context of Illinois v. Wardlow, a recent "location plus evasion case." Part one will then show how this alternative standard better accounts for Wardlow's "raced" decision to flee, the police officers' "raced" decision to stop him, and …
Through The Lens Of The Sequence, Ellen Wright Clayton
Through The Lens Of The Sequence, Ellen Wright Clayton
Vanderbilt Law School Faculty Publications
The completion of the rough draft of the human genome is a scientific feat worthy of celebration. But the media attention that has been devoted to the Human Genome Project demonstrates that most people are not as interested in what the sequence is as in what it means for individuals and for society, for good or for ill. My purpose in writing this essay is to discuss how the project was conducted here in the United States, and some of the implications of knowing the sequence (or more aptly, a sequence).
Genomic Medicine: The Human Genome Project From A Healthcare Provider's Perspective, Georgia Wiesner
Genomic Medicine: The Human Genome Project From A Healthcare Provider's Perspective, Georgia Wiesner
Journal of Law and Health
But the Human Genome Project from my point of view as a healthcare provider has really been on what advantages and what advances can we be able to provide from that. So we really learned a lot about how genes work, how they talk together and how we actually have both health and disease as a consequence of the Human Genome Project. So really understanding this complex interaction is one of the most exciting things as well. What this really has done for healthcare is allowed us to individualize our healthcare. To be able to say for one person against …
Genetic Discrimination: Does It Exist, And What Are Its Implications?, Paul Steven Miller
Genetic Discrimination: Does It Exist, And What Are Its Implications?, Paul Steven Miller
Journal of Law and Health
Does genetic discrimination exist? Thus far, there have been no cases other than Burlington Northern and maybe a couple of other cases which have been filed by plaintiffs in either federal or state court. Notwithstanding all of the statutes, there haven't been a tremendous amount of charges coming in, people coming to the EEOC (Equal Employment Opportunity Commission), or to respective state agencies and even filing charges. This fact confuses me, because I actually believe that genetic discrimination, as we've been talking about it, is happening more often in the real world than this charge flow would indicate.
Victimized Twice -- The Intersection Of Domestic Violence And The Workplace: Legal Reform Through Curriculum Development, Lea B. Vaughn
Victimized Twice -- The Intersection Of Domestic Violence And The Workplace: Legal Reform Through Curriculum Development, Lea B. Vaughn
Articles
Domestic violence is at least a two-fold problem for American society. On the one hand, it is one of the leading causes of violence at the workplace against women. On the other, it prevents many women from attaining the economic security that would enable them to escape violence. After describing the background of this problem, this paper will canvass current legal remedies that are available to help battered women achieve economic security. This survey leads to the conclusion that the current pastiche of remedies is often ineffective because of their piecemeal approach to the problem, or because current doctrine does …
"But You're Not A Dirty Mexican": Internalized Oppression, Latinos & Law, Laura M. Padilla
"But You're Not A Dirty Mexican": Internalized Oppression, Latinos & Law, Laura M. Padilla
Faculty Scholarship
This article will describe internalized oppression and racism and expose the harms they cause. It will also dissect the reasons we engage in internalized oppression and racism and explain that once the reasons are exposed, it will be easier to engage in a conscious effort to reduce and ultimately eradicate internalized oppression and racism. Part II of this article defines internalized oppression and internalized racism and elaborates on ways that they are generally expressed in the Latino community. Part III explains how Latinos' internalized racism is reflected in some areas of the law by detailing both Latinos' support for a …
Reasons To Eschew Federal Lawmaking And Embrace Common Law Approaches To Genetic Discrimination, S. Candice Hoke
Reasons To Eschew Federal Lawmaking And Embrace Common Law Approaches To Genetic Discrimination, S. Candice Hoke
Journal of Law and Health
Professor Hoffman and I agree: there ought to be some laws, but I want to talk to you a little bit about two possible, two real goals here. One is to ask you to critically evaluate whether a federal statute is the right remedial response at this point in time, and secondly, to ask you to start thinking about the possibility of drafting into service what we in law refer to as traditional state common-law approaches that actually might give us more and better ways to remedy what's going on than simply turning to Congress.
A Place At The Table: Bush V. Gore Through The Lens Of Race, Spencer A. Overton
A Place At The Table: Bush V. Gore Through The Lens Of Race, Spencer A. Overton
GW Law Faculty Publications & Other Works
Although African Americans cast a majority of ballots rejected by counting machines following the 2000 presidential election in Florida, legal academic commentators have not grappled with the significance of race in their discussions of Bush v. Gore. This Essay uses race to expose structural shortcomings of merit-based assumptions about democracy embedded in the U.S. Supreme Court's majority per curiam. The Court prohibited a manual count of imperfectly marked ballots, effectively conditioning membership in political community on individual capacity to produce a machine-readable ballot. Despite the Court's individualized focus, however, merit-based assumptions about democracy interfere primarily not with individual rights, but …
Homogenized Law: Can The United States Learn From African Mistakes?, Beverly I. Moran
Homogenized Law: Can The United States Learn From African Mistakes?, Beverly I. Moran
Vanderbilt Law School Faculty Publications
For the last fifty years we have seen an outflow of United States laws to developing countries. This legal outflow has caused problems of enforcement in societies that do not share the values, needs or concerns of the law producing state. Using law reform in Eritrea as a case study, the article asks what will happen in the United States when we become the recipient, rather than the exporter, of maladapted laws that serve the purpose of others instead of serving the unique needs of the United States and its economy.
Free Movement Of Persons In The European Union, National Borders And Legal Reforms: The Principle Of Non-Discrimination Based On Nationality (Article 12 Ect), Ana Salinas De Frias
Free Movement Of Persons In The European Union, National Borders And Legal Reforms: The Principle Of Non-Discrimination Based On Nationality (Article 12 Ect), Ana Salinas De Frias
University of Miami International and Comparative Law Review
No abstract provided.
Legislation And Genetic Discrimination, Sharona Hoffman
Legislation And Genetic Discrimination, Sharona Hoffman
Journal of Law and Health
State legislation addresses genetic discrimination in both employment and health insurance. Thirty-one states have passed laws that address genetic discrimination in employment. Approximately thirteen states prohibit employers from requiring applicants to undergo genetic testing as a condition of employment. Some states have more limited restrictions. Florida prohibits only the screening of applicants for the sickle-cell trait. Wisconsin requires employers to obtain written and informed consent from applicants prior to administering genetic tests, but does not preclude their utilization altogether. Some states establish exceptions that permit genetic testing that is job-related or that is conducted, with the employee's written and informed …
Genetic Testing And Employment Litigation, Harry Zanville
Genetic Testing And Employment Litigation, Harry Zanville
Journal of Law and Health
I have only a couple of comments to make that relate to litigation hurdles and how to achieve this balance, and the first thing I want to talk about, following the wonderful presentation is, in fact, we probably don't in some ways even need a new cause of action.
The Employment Law Decisions Of The October 2000 Term Of The Supreme Court: A Review And Analysis, Ann C. Hodges
The Employment Law Decisions Of The October 2000 Term Of The Supreme Court: A Review And Analysis, Ann C. Hodges
Law Faculty Publications
During the October 2000 Term, the Supreme Court delivered major setbacks for employees in Circuit City Stores, Inc. v. Adams, which upheld mandatory and binding arbitration of federal and state employment discrimination claims through arbitration clauses forced upon employees as a condition of employment, and in Board of Trustees of the University of Alabama v. Garrett, which shielded state employers from federal court law suits brought under the Americans with Disabilities Act by victims of disability discrimination in employment. Employees escaped harm in Pollard v. E.I du Pont de Nemours & Co., in which the Court followed nearly unanimous circuit …
School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake
School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake
Articles
This essay seeks to explain the Davis v. Monroe County Board of Education case as an interpretation of discrimination that notably and correctly focuses on how institutions cause sex-based harm, rather than on whether officials within chose institutions act with a discriminatory intent. In the process, I discuss what appears to be the implicit theory of discrimination underlying the Davis decision: that schools cause the discrimination by exacerbating the harm that results from sexual harassment by students. I then explore the significance of the deliberate indifference requirement in this context, concluding that the standard, for all its flaws, is distinct …
Introduction: Employment Discrimination And The Problems Of Proof, John Valery White, Gregory Vincent
Introduction: Employment Discrimination And The Problems Of Proof, John Valery White, Gregory Vincent
Scholarly Works
This is an introduction to articles presented at a symposium on the U.S. Supreme Court’s decision in Reeves v. Sanderson Plumbing Prods. Co. sponsored by the Louisiana Law Review. Presenting papers were five of the leading scholars on employment discrimination law: Professor Catherine J. Lanctot of the Villanova University Law School, Professor Michael Selmi of the George Washington Law School, Professor Linda Hamilton Krieger, University of California at Berkely School of Law, Professor Rebecca Hanner White of the University of Georgia Law School, and Professor Michael Zimmer of the Seton Hall University School of Law. Respondents were the authors and …
Bibliography Of Tax Articles In High Prestige Non-Specialized Law Journals: A Comparison Of Australia, Britain, Canada And The United States 1954-2001, Beverly I. Moran
Bibliography Of Tax Articles In High Prestige Non-Specialized Law Journals: A Comparison Of Australia, Britain, Canada And The United States 1954-2001, Beverly I. Moran
Vanderbilt Law School Faculty Publications
The bibliography surveys all tax articles (but not Notes) from 1954 to 2001 in high prestige law journals in the United States, United Kingdom, Australia and Canada. The bibliography compares number of articles produced in each country and also shows what areas of interest dominate in each market. For example, Canadian journal produce more scholarship on Comparative Taxation while Australian journals are more likely to publish in the area of Evasion and Avoidance.
Dispelling The Misconceptions Raised By The Davis Dissent, Joan E. Schaffner
Dispelling The Misconceptions Raised By The Davis Dissent, Joan E. Schaffner
GW Law Faculty Publications & Other Works
This article argues that the Supreme Court’s majority opinion in Davis v. Monroe County Board of Education did not do enough to explicitly assuage the dissenters’ concerns and aims to do so itself. Davis permitted liability for school districts that purposely ignore instances of student-on-student sexual harassment that deprived a student of the opportunity for education. The three issues raised by the dissent were federalism, whether the conduct at issue is sexual harassment, and First Amendment concerns about the aggressor’s speech being protected. In response, I argue that the majority opinion does not violate federalism principles, the harassment qualifies as …
What Is A Community? Group Rights And The Constitution: The Special Case Of African Americans, Taunya Lovell Banks
What Is A Community? Group Rights And The Constitution: The Special Case Of African Americans, Taunya Lovell Banks
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
No Freedom From Religion: The Marginalization Of Atheists In American Society, Politics, And Law, Jennifer Gresock
No Freedom From Religion: The Marginalization Of Atheists In American Society, Politics, And Law, Jennifer Gresock
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Girl Who Cried Pain: A Bias Against Women In The Treatment Of Pain, Diane E. Hoffmann, Anita J. Tarzian
The Girl Who Cried Pain: A Bias Against Women In The Treatment Of Pain, Diane E. Hoffmann, Anita J. Tarzian
Faculty Scholarship
In general, women report more severe levels of pain, more frequent incidences of pain, and pain of longer duration than men, but are nonetheless treated for pain less aggressively. The authors investigate this paradox from two perspectives: Do men and women in fact experience pain differently - whether biologically, cognitively, and/or emotionally? And regardless of the answer, what accounts for the differences in the pain treatment they receive, and what can we do to correct this situation?
Setting The Record Straight: A Proposal For Handling Prosecutorial Appeals To Racial, Ethnic Or Gender Prejudice During Trial, Andrea D. Lyon
Setting The Record Straight: A Proposal For Handling Prosecutorial Appeals To Racial, Ethnic Or Gender Prejudice During Trial, Andrea D. Lyon
Michigan Journal of Race and Law
This article proposes that direct or indirect references to the protected classes of race and/or gender should always be subject to the Chapman v. California "harmless beyond a reasonable doubt" standard. Once the defendant has shown appeals to racial or gender bias in prosecutorial argument or other conduct during his trial, the burden must shift to the prosecution to show at an immediate hearing outside the presence of the jury, beyond a reasonable doubt, that this impermissible appeal to bias did not affect the fairness of the defendant's trial. Furthermore, courts must take the examination of the prosecution's proof seriously, …
Direct Measures: An Alternative Form Of Affirmative Action, Daria Roithmayr
Direct Measures: An Alternative Form Of Affirmative Action, Daria Roithmayr
Michigan Journal of Race and Law
Part I of this essay sets out in detail the direct measures affirmative action program. This section also compares the program to other alternative affirmative action program experiments undertaken by various educational institutions. Parts II and III discuss the constitutionality of a direct measures program.
Louis Brandeis And The Race Question, Christopher A. Bracey
Louis Brandeis And The Race Question, Christopher A. Bracey
GW Law Faculty Publications & Other Works
We live in a culture enamored by our heroes. They are celebrated for their extraordinary accomplishments, and canonized by histories that rarely reflect the true texture of their lives. Legal academics share in these tendencies and, as a result, heroes in the law are often viewed with the same rose-colored glasses accorded to their counterparts in popular culture. The late Louis Brandeis was an Associate Justice on the Supreme Court of the United States from 1916 to 1939. Born to Jewish immigrant parents, he graduated from Harvard Law School, and gained a reputation as America’s “People’s Attorney.” He pioneered an …
Human Rights Abuses Of Dalits In India, Bina B. Hanchinamani
Human Rights Abuses Of Dalits In India, Bina B. Hanchinamani
Human Rights Brief
No abstract provided.