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Full-Text Articles in Law
Parental-Status Employment Discrimination: A Wrong In Need Of A Right?, Peggie R. Smith
Parental-Status Employment Discrimination: A Wrong In Need Of A Right?, Peggie R. Smith
University of Michigan Journal of Law Reform
This Article evaluates strategies to challenge employment discrimination based on parental status. Specifically, it examines proposals put forth by some commentators to establish parental status as a protected class. While such a suggestion is attractive, the Article argues that it ultimately offers few practical advantages and remains wedded to a limited conception of equality, requiring only that employment decisions not reflect differences based on parenthood. Consequently, such a strategy would satisfy anti-discrimination legislation so long as both men and women with parental obligations are equally ill-treated. The Article concludes that a shift in perspective from gender to parental status will …
Keeping The “Civil” In Civil Litigation: The Need For A Punitive Damage-Actual Damage Link In Title Vii Cases , David C. Searle
Keeping The “Civil” In Civil Litigation: The Need For A Punitive Damage-Actual Damage Link In Title Vii Cases , David C. Searle
Duke Law Journal
No abstract provided.
No Harm, No Foul?: An Argument For The Allowance Of Punitive Damages Without Compensatory Damages Under 42 U.S.C. § 1981a, Christy Lynn Mcquality
No Harm, No Foul?: An Argument For The Allowance Of Punitive Damages Without Compensatory Damages Under 42 U.S.C. § 1981a, Christy Lynn Mcquality
Washington and Lee Law Review
No abstract provided.
Whatever Happened To G.I. Jane?: Citizenship, Gender, And Social Policy In The Postwar Era, Melissa E. Murray
Whatever Happened To G.I. Jane?: Citizenship, Gender, And Social Policy In The Postwar Era, Melissa E. Murray
Michigan Journal of Gender & Law
In this Article, it is argued that the GI Bill is consistent with the social welfare policies of the New Deal period, in particular the Social Security Act of 1935, and so should be examined within the analytical framework established by scholars like Linda Gordon and Theda Skocpol in their studies of the Social Security Act's social welfare programs. Although the Bill is gender-neutral on its face, it was framed by normative assumptions about military participation and work that ensured that it was socially understood to benefit male veterans.
Chevron U.S.A., Inc. V. Echazabal 122s. Ct. 2045 (2002), David Yee
Chevron U.S.A., Inc. V. Echazabal 122s. Ct. 2045 (2002), David Yee
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Chevron U.S.A., Inc. V. Echazabal 122s. Ct. 2045 (2002), David Yee
Chevron U.S.A., Inc. V. Echazabal 122s. Ct. 2045 (2002), David Yee
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Making Sense Of Pretext: An Analysis Of Evidentiary Requirements For Summary Judgment Litigants In The Fifth Circuit In Light Of Reeves V. Sanderson Plumbing Prodcuts, And A Proposal For Clarification., Eric S. Riester
St. Mary's Law Journal
Although the United States Supreme Court in Reeves v. Sanderson Plumbing Products, Inc. attempted to clarify the summary judgment landscape of Title VII employment discrimination cases, lower courts in the Fifth Circuit are still without guidance. Under Reeves, direct proof of discrimination is not required to defeat a motion for summary judgment as long as the circumstantial evidence allows a reasonable inference of discrimination. The required strength of the circumstantial evidence, however, remains a major issue in the Fifth Circuit. Since Reeves, the Fifth Circuit has not stated a uniform summary judgment standard, nor has it answered how much circumstantial …