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Articles 1 - 27 of 27
Full-Text Articles in Law
Title Vii Disparate Impact Suits Against State Governments After Hibbs And Lane, Claude Platton
Title Vii Disparate Impact Suits Against State Governments After Hibbs And Lane, Claude Platton
Duke Law Journal
No abstract provided.
Opting Out Of Liability: The Forthcoming, Near-Total Demise Of The Modern Class Action, Myriam Gilles
Opting Out Of Liability: The Forthcoming, Near-Total Demise Of The Modern Class Action, Myriam Gilles
Michigan Law Review
It is reasonable to expect that courts will demonstrate great solicitude for the recent innovation that I term "collective action waivers" - i.e., contractual provisions contained within arbitration agreements whereby consumers and others waive their rights to participate in any form of collective litigation or class arbitration. The history of mass tort class actions and the hegemonic expansion of pro-arbitration jurisprudence compel this conclusion. And, as the now-dominant economic model of contract law has moved the focus of courts from the value of consent to the value of efficiency, arbitration agreements found in all manner of shrink-wrap, scroll-text and bill-stuffer …
Applying 42 U.S.C. § 1981 To Claims Of Consumer Discrimination, Abby Morrow Richardson
Applying 42 U.S.C. § 1981 To Claims Of Consumer Discrimination, Abby Morrow Richardson
University of Michigan Journal of Law Reform
This Note explores several interesting legal questions regarding the proper interpretation of 42 U.S.C. § 1981, which prohibits racial discrimination in contracting, when discrimination arises in the context of a consumer retail contract. The Note further explores how the Fifth Circuit's and other federal courts' narrow interpretation of § 1981's application in a retail setting (which allows plaintiffs to invoke the statute only when they have been prevented from completing their purchases) is contrary to the statute's express language, congressional intent, and to evolving concepts of contract theory, all of which reflect a commitment to the strict enforcement of civil …
State Government State Government: Provide For Neutrality Of State Law With Respect To Freedom Of Decision To Provide Or Not Provide Certain Benefits To Unmarried Persons; Provide That State And Local Government Entities Shall Comply With Such Policy Of Neutrality, Melissa A. Segel
Georgia State University Law Review
The Act prohibits state and local governments or municipalities from imposing a penalty on organizations or persons who choose to withhold benefits, rights, and privileges from unmarried persons.
Local Man Phones Spiritual Leaders, Ends Up In Federal Prison: Congressional Commerce Power To Curb Discrimination Motivated Violence, Courtney C. Stirrat
Local Man Phones Spiritual Leaders, Ends Up In Federal Prison: Congressional Commerce Power To Curb Discrimination Motivated Violence, Courtney C. Stirrat
Missouri Law Review
In United States v. Corum,12 the Eighth Circuit examined two categories of congressional commerce power used to eradicate religious discrimination.13 The result in this case perpetuates a split among the circuits regarding the extent of congressional authority to regulate non-economic, criminal activity. 14 This Note examines the parameters of the Commerce Clause and the continuing confusion in the Courts of Appeals following the Supreme Court's holdings in United States v. Lopez'5 and United States v. Morrison.16
White (House) Lies: Why The Public Must Compel The Courts To Hold The President Accountable For National Security Abuses, Eric K. Yamamoto
White (House) Lies: Why The Public Must Compel The Courts To Hold The President Accountable For National Security Abuses, Eric K. Yamamoto
Law and Contemporary Problems
The warning of a threat to national security has been used throughout US history as a means for the US government to execute repressive actions. Even today, the judiciary must take responsibility for defending citizens against such potential abuses by the executive branch.
Instructions In Inequality: Development, Human Rights, Capabilities, And Gender Violence In School, Erika George
Instructions In Inequality: Development, Human Rights, Capabilities, And Gender Violence In School, Erika George
Michigan Journal of International Law
This Article argues that the international community's gender equality targets will not be realized by 2015 because the problems associated with sexual violence against girls in schools are situated at an intersection of contested conceptual divides between human rights (civil and political liberties) and development aims (social and economic needs). Cracks in the conceptual foundations of both the liberal and utilitarian theories of justice and equality, which support traditional human rights advocacy and economic development plans, respectively render each approach inadequate to fully identify and address the grave danger sexual violence and harassment in schools pose to educational equality. In …
Controversy, Consensus, And The Concept Of Discrimination, George Rutherglen
Controversy, Consensus, And The Concept Of Discrimination, George Rutherglen
Saint Louis University Law Journal
No abstract provided.
Punch-Card Ballots, Residual Votes And The Systematic Disenfranchisement Of Minority Voters: A Look At The Decision To Allow The California Recall Election To Proceed, Suzy Loftus
University of San Francisco Law Review
No abstract provided.
Playing The Game Of Academic Integrity Vs. Athletic Success: The Americans With Disabilities Act (Ada) And Intercollegiate Student-Athletes With Learning Disabilities , Yuri Nicholas Walker
Playing The Game Of Academic Integrity Vs. Athletic Success: The Americans With Disabilities Act (Ada) And Intercollegiate Student-Athletes With Learning Disabilities , Yuri Nicholas Walker
Marquette Sports Law Review
No abstract provided.
Representing Americans Employed Abroad: The Extraterritorial Application Of Federal And State Anti-Discrimination Laws, Robert B. Stulberg, Amy F. Shulman
Representing Americans Employed Abroad: The Extraterritorial Application Of Federal And State Anti-Discrimination Laws, Robert B. Stulberg, Amy F. Shulman
ILSA Journal of International & Comparative Law
More than two million American citizens work in civilian jobs outside of the United States.
"Has The Millennium Yet Dawned?": A History Of Attitudes Toward Pregnant Workers In America, Courtni E. Molnar
"Has The Millennium Yet Dawned?": A History Of Attitudes Toward Pregnant Workers In America, Courtni E. Molnar
Michigan Journal of Gender & Law
This Article will focus on what might be considered the "prehistory" of the PDA in an attempt to shed new light on the equality/difference debate. Beginning as early as the nineteenth century, pregnant workers have been forced into either the equality approach or the difference approach depending mostly on race and class. This Article will show that, at times, both approaches restrained the autonomy of women and even caused harm to individual women and society by contributing to the development of the stereotypes and social attitudes that continue to permit pregnancy discrimination today.
Expanding Gender And Expanding The Law: Toward A Social And Legal Conceptualization Of Gender That Is More Inclusive Of Transgender People, Dylan Vade
Michigan Journal of Gender & Law
In Part I, the article first describes the many different ways in which one can be transgender. Many transgender women and men defy gender stereotypes. Part I next suggests a non-linear view of gender. Often, when we get past the binary gender system, the notion that there are only two genders, female and male, we do so by seeing gender as a spectrum or line running from female to male. In Part II, the article argues that the sex-gender distinction is not part of the new conceptualization of gender, the gender galaxy. In Part III, after a brief overview of …
Discrimination In Sentencing On The Basis Of Afrocentric Features, William T. Pizzi, Irene V. Blair, Charles M. Judd
Discrimination In Sentencing On The Basis Of Afrocentric Features, William T. Pizzi, Irene V. Blair, Charles M. Judd
Michigan Journal of Race and Law
This Article does not challenge the prior research on sentencing discrimination between racial categories that found no significant difference in sentences given to similarly-situated African Americans and Whites. In fact, in the jurisdiction investigated- Florida- no discrimination between African Americans and Whites was found in the sentences imposed on defendants, looking only at racial category differences. Rather, the research suggests that in focusing exclusively on discrimination between racial groups, the research has missed a type of discrimination related to race that is taking place within racial categories: namely, discrimination on the basis of a person's Afrocentric features. By Afrocentric features, …
Felon Disenfrachisement Laws: Partisan Politics In The Legislatures, Jason Belmont Conn
Felon Disenfrachisement Laws: Partisan Politics In The Legislatures, Jason Belmont Conn
Michigan Journal of Race and Law
This examination of the institutional changes to state legislatures, synthesized with an analysis of the handling of felon disenfranchisement laws by state legislatures, presents a troubling realization about the law today: in the twenty-first century, partisan politics moderates decisions about even the most basic and fundamental principles of democracy. This Note suggests that because state legislators follow their party leadership and position, a state's traditional treatment of racial minorities, geographic location, and even ideology are not the strongest indicators of a state's disenfranchisement laws. Rather, partisan politics drives changes to the state laws governing felon voter eligibility.
"We Insist! Freedom Now": Does Contract Doctrine Have Anything Consitutional To Say?, Hila Keren
"We Insist! Freedom Now": Does Contract Doctrine Have Anything Consitutional To Say?, Hila Keren
Michigan Journal of Race and Law
This Article first exposes the detachment between contract doctrine and the scattered antidiscrimination norms and analyzes the harmful consequences of this detachment. It then creates an original meeting point between the two bodies of law, one of which is intentionally located within contract doctrine. This point is found by dismantling the dominant concept of "freedom OF contact", and especially by defining and establishing the freedom to make a contract.
Protecting Gays From The Government’S Crosshairs: A Reevaluation Of The Ninth Circuit’S Treatment Of Gays Under The Federal Constitution’S Equal Protection Clause Following Lawrence V. Texas, Jeffrey M. Goldman
University of San Francisco Law Review
No abstract provided.
"Racially-Tailored" Medicine Unraveled, Sharona Hoffman
"Racially-Tailored" Medicine Unraveled, Sharona Hoffman
American University Law Review
In June 2005, the FDA approved BiDil, a heart failure medication that is labeled for use only by African-Americans and thus is the first treatment of its kind. The drug likely portends a future of growing interest in "race-based" medicine. This phenomenon is emerging at the same time that scientists, in light of the Human Genome Project, are reaching an understanding that "race" has no biological meaning, and consequently, "racially-tailored" medicine is both puzzling and troubling. This Article explores the reasons for the new focus on "racial-profiling" in medicine. It analyzes the risks and dangers of this approach, including medical …
Community Organizing And Direct Activism, Robin Morris Collin
Community Organizing And Direct Activism, Robin Morris Collin
Villanova Law Review
No abstract provided.
General Dynamics Land Systems, Inc. V. Cline: Shrinking The Realm Of Possibility For Reverse Age Discrimination Suits, Rebecca L. Ennis
General Dynamics Land Systems, Inc. V. Cline: Shrinking The Realm Of Possibility For Reverse Age Discrimination Suits, Rebecca L. Ennis
University of Richmond Law Review
No abstract provided.
Staying Within The Negotiated Framework: Abiding By The Non-Discrimination Clause In Trips Article 27, Kevin J. Nowak
Staying Within The Negotiated Framework: Abiding By The Non-Discrimination Clause In Trips Article 27, Kevin J. Nowak
Michigan Journal of International Law
This Note argues that the Panel in Canada-Generic Medicines correctly decided that the non-discrimination clause in Article 27 applies to the exceptions of Articles 30 and 31. Because Article 27 is the guiding force of Section 5, any exceptions to the rights granted under Section 5 must comply with the requirements set forth in Article 27. Although extreme applications of the non-discrimination clause could be limiting upon some exceptions, Articles 30 and 31 were not placed into TRIPs as complete escape clauses from the framework of Section 5. Additionally, the application of the non-discrimination clause to Articles 30 and 31 …
The "Privilege Of Speech" In A "Pleasantly Authoritarian Country", Hans C. Clausen
The "Privilege Of Speech" In A "Pleasantly Authoritarian Country", Hans C. Clausen
Vanderbilt Journal of Transnational Law
Giving credence to Alexis de Tocqueville's argument that in democratic societies the love of equality is greater than the love of freedom is a recently emerging trend among Western nations to legally proscribe speech critical of homosexuality. Such laws, in various forms, now exist in a large and growing minority of countries in Europe and North America. The goal of these laws is much grander than preventing discrimination against homosexuals; rather, the objective is seemingly to promote the social acceptance of gay and lesbian lifestyles. These laws provide for civil remedies and in some instances even criminal sanctions for speech …
Latino Educational Neglect: The Result Bespeaks Discrimination, Lupe S. Salinas
Latino Educational Neglect: The Result Bespeaks Discrimination, Lupe S. Salinas
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
New Urbanism: Urban Development And Ethnic Integration In Europe And The United States, James A. Kushner
New Urbanism: Urban Development And Ethnic Integration In Europe And The United States, James A. Kushner
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Decline Of Title Vii Disparate Impact: The Role Of The 1991 Civil Rights Act And The Ideologies Of Federal Judges, Michael J. Songer
Decline Of Title Vii Disparate Impact: The Role Of The 1991 Civil Rights Act And The Ideologies Of Federal Judges, Michael J. Songer
Michigan Journal of Race and Law
This study employs various statistical techniques to test the efficacy of the 1991 Civil Rights Act in moderating the highly restrictive disparate impact regime imposed by Wards Cove, and to evaluate the hypothesis that political ideology should be a more powerful predictor of case outcomes following the 1991 Act. Part I of the paper describes the evolution of disparate impact doctrine from 1971 to the present. Part II analyzes data from randomly selected disparate impact cases brought by African American plaintiffs and finds that the current disparate impact doctrine emanating from the 1991 Civil Rights Act dramatically decreases the likelihood …
Innocence And The Sopranos, Seth D. Harris
Judicial Notice: How Judicial Bias Impacts The Unequal Application Of Equal Protection Principles In Affirmative Action Cases, Victor Suthammanont
Judicial Notice: How Judicial Bias Impacts The Unequal Application Of Equal Protection Principles In Affirmative Action Cases, Victor Suthammanont
NYLS Law Review
No abstract provided.