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Articles 1 - 13 of 13
Full-Text Articles in Law
Employment Discrimination Remedies And Tax Gross Ups, Gregg D. Polsky, Stephen F. Befort
Employment Discrimination Remedies And Tax Gross Ups, Gregg D. Polsky, Stephen F. Befort
Scholarly Works
This article considers whether a successful employment discrimination plaintiff may be entitled, under current law, to receive an augmented award (a gross up) to neutralize certain adverse federal income tax consequences. The question of whether such a gross up is allowed, the resolution of which can have drastic effects on litigants, has received almost no attention from practitioners, judges, and academics. Because of the potentially enormous impact of the alternative minimum tax (AMT) on discrimination lawsuit recoveries, however, the gross up issue is now beginning to appear in reported cases.
The three principal federal anti-discrimination statutes - Title VII, the …
The Effects Of Jury Ignorance About Damage Caps: The Case Of The 1991 Civil Rights Act, Rebecca Hollander-Blumoff, Matthew T. Bodie
The Effects Of Jury Ignorance About Damage Caps: The Case Of The 1991 Civil Rights Act, Rebecca Hollander-Blumoff, Matthew T. Bodie
ExpressO
No abstract provided.
9th Biennial Employment Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
9th Biennial Employment Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Continuing Legal Education Materials
Materials from the 9th Biennial Employment Law Institute held by UK/CLE in June 2004.
Intentional Job Discrimination-New Tools For Our Oldest Problem, Alfred W. Blumrosen, Ruth G. Blumrosen
Intentional Job Discrimination-New Tools For Our Oldest Problem, Alfred W. Blumrosen, Ruth G. Blumrosen
University of Michigan Journal of Law Reform
The roots of employment discrimination lie deep in our history. By the 18th century, race slavery was the underpinning of wealth in the southern colonies. Black slaves were considered property - subhumans who had no rights in themselves or their offspring. In 1765, the British imposed "stamp taxes" on the colonies; the colonies resisted. In 1766, Parliament claimed the power to govern the colonies in all matters, but by 1770 it had repealed almost all the taxes that offended the colonists. "Business as usual" returned to the relations between the colonies and Britain.
The Imperative Of Instructing On Pretext: A Comment On William J. Volmer's Pretext In Employment Discrimination Litigation. Mandatory Instructions For Permissible Inferences?, C. Elizabeth Belmont
The Imperative Of Instructing On Pretext: A Comment On William J. Volmer's Pretext In Employment Discrimination Litigation. Mandatory Instructions For Permissible Inferences?, C. Elizabeth Belmont
Washington and Lee Law Review
No abstract provided.
Employment Law: Desert Palace, Inc. V. Costa: Returning To Title Vii's Core Principles By Eliminating The Direct Evidence Requirement In Mixed-Motive Cases, Daniel P. Johnson
Employment Law: Desert Palace, Inc. V. Costa: Returning To Title Vii's Core Principles By Eliminating The Direct Evidence Requirement In Mixed-Motive Cases, Daniel P. Johnson
Oklahoma Law Review
No abstract provided.
Employment Law: Congress Giveth And The Supreme Court Taketh Away: Title Vii's Prohibition Of Religious Discrimination In The Workplace, Huma T. Yunus
Employment Law: Congress Giveth And The Supreme Court Taketh Away: Title Vii's Prohibition Of Religious Discrimination In The Workplace, Huma T. Yunus
Oklahoma Law Review
No abstract provided.
A Tribute To Ruth G. Blumrosen, Evan H. Caminker
A Tribute To Ruth G. Blumrosen, Evan H. Caminker
Articles
In January 2004, workers everywhere lost a forceful advocate with the death of Ruth Gerber Blumrosen. From the earliest days of her career, Ruth focused her prodigious intellect and indomitable energy on the enduring problem of employment discrimination. Through both her various high-level professional positions and her academic scholarship, she quickly became known for her expertise in this field and her passion for finding solutions. Ruth's research and writing addressed quite a range of employment issues, including wage discrimination, job segregation, downsizing, and employee rights. Ruth previously published three articles with the University of Michigan Journal of Law Reform, including …
Federalism Re-Constructed: The Eleventh Amendment's Illogical Impact On Congress' Power, Marcia L. Mccormick
Federalism Re-Constructed: The Eleventh Amendment's Illogical Impact On Congress' Power, Marcia L. Mccormick
All Faculty Scholarship
The Constitution is designed to protect individual liberty and equality by diffusing power among the three branches of the federal government and between the federal and state governments, and by providing a minimum level of protection for individual rights. Yet, the Supreme Court seems to think that federalism is about protecting states as states rather than balancing governmental power to protect individuals. In the name of federalism, the Supreme Court has been paring away at Congress' power to enact civil rights legislation. In doing so, it has transformed the Fourteenth Amendment into a vehicle for protecting states rights rather than …
Pretext In Employment Discrimination Litigation: Mandatory Instructions For Permissible Inferences?, William J. Vollmer
Pretext In Employment Discrimination Litigation: Mandatory Instructions For Permissible Inferences?, William J. Vollmer
Washington and Lee Law Review
No abstract provided.
Comments On Pretext In Employment Discrimination Litigation: Mandatory Instructions For Permissible Inferences?, Carolyn L. Wheeler
Comments On Pretext In Employment Discrimination Litigation: Mandatory Instructions For Permissible Inferences?, Carolyn L. Wheeler
Washington and Lee Law Review
No abstract provided.
Workplace Mediation: The First-Phase, Private Caucus In Individual Discrimination Disputes, Emily M. Calhoun
Workplace Mediation: The First-Phase, Private Caucus In Individual Discrimination Disputes, Emily M. Calhoun
Publications
No abstract provided.
Labor And Employment Law In Two Transitional Decades, Theodore J. St. Antoine
Labor And Employment Law In Two Transitional Decades, Theodore J. St. Antoine
Articles
Labor law became labor and employment law during the past several decades. The connotation of "labor law" is the regulation of union-management relations and that was the focus from the 1930s through the 1950s. In turn, voluntary collective bargaining was supposed to be the method best suited for setting the terms and conditions of employment for the nation's work force. Since the 1960s, however, the trend has been toward more governmental intervention to ensure nondiscrimination, safety and health, pensions and other fringe benefits, and so on. "Employment law" is now the term for the direct federal or state regulation of …