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Articles 9001 - 9030 of 10557
Full-Text Articles in Law
Broad Exemptions In Animal-Cruelty Statutes Unconstitutionally Deny Equal Protection Of The Law, William A. Reppy Jr.
Broad Exemptions In Animal-Cruelty Statutes Unconstitutionally Deny Equal Protection Of The Law, William A. Reppy Jr.
Law and Contemporary Problems
This article considers the history, interpretation, and constitutionality of statutory exemptions that preclude prosecution either for misdemeanor or felony violation of North Carolina's criminal animal-cruelty statute, section 14-3601 of the General Statutes, in nine situations.
The Peahen’S Tale, Or Dressing Our Parts At Work, Julie A. Seaman
The Peahen’S Tale, Or Dressing Our Parts At Work, Julie A. Seaman
Duke Journal of Gender Law & Policy
However, there may ultimately be no logical way to reconcile decisions that prohibit employers from requiring women to wear revealing outfits and others that permit employers to require them to wear makeup,20 or decisions that prohibit penalizing a woman for being insufficiently feminine and others that permit penalizing a man for being insufficiently masculine.21 In addition, the increasing judicial acceptance of the sex stereotyping theory of sex discrimination under Title VII is in substantial tension with recent cases that insist that sex-differentiated dress and grooming requirements that "merely"22 conform to existing social gender norms do not amount to impermissible sex …
Vive La Difference? A Critical Analysis Of The Justification Of Sex-Dependent Workplace Restrictions On Dress And Grooming, Patrick S. Shin
Vive La Difference? A Critical Analysis Of The Justification Of Sex-Dependent Workplace Restrictions On Dress And Grooming, Patrick S. Shin
Duke Journal of Gender Law & Policy
Any answer here is bound to be controversial, but it would have to be founded on a notion that we, as a society, have reason to value and therefore preserve a state of affairs in which certain types of behaviors relating to the manner of presenting oneself to others are engaged in predominantly by members of one sex but not the other.109 To put it another way, the rationalizability of sex-dependent workplacepresentation rules must depend on the idea that, even granting that sex and gender or gender-performance can be conceptually disaggregated,110 we nevertheless have reason to maintain a state of …
What Do Unions Do About Appearance Codes?, Michael J. Yelnosky
What Do Unions Do About Appearance Codes?, Michael J. Yelnosky
Duke Journal of Gender Law & Policy
In contrast, Renee Gaud and Trisha Hart worked as cocktail servers at the Borgata Hotel Casino and Spa in Atlantic City, New Jersey.8 Unlike Darlene Jespersen, they were union employees represented by the Hotel Employees and Restaurant Employees International Union, Local 54, and thus were not at-will workers.9 Gaud, Hart, and other employees objected to a new Borgata policy prohibiting cocktail servers and bartenders from gaining more than seven percent of their body weight as determined by a baseline set when the policy was instituted.10 Gaud and Hart challenged the policy in New Jersey state court on the grounds that …
Preservationism, Or The Elephant In The Room: How Opponents Of Same-Sex Marriage Deceive Us Into Establishing Religion, Justin T. Wilson
Preservationism, Or The Elephant In The Room: How Opponents Of Same-Sex Marriage Deceive Us Into Establishing Religion, Justin T. Wilson
Duke Journal of Gender Law & Policy
The overwhelming majority of support for bans on same-sex civil marriage has come from religious believers, and the so-called "secular justifications" for these bans are mere pretexts for religious beliefs that homosexuality, homosexuals, and same-sex couples are evil or sinful. Courts should take a hard look at the substantive justifications offered in support of same-sex marriage bans, bearing in mind that (1) these justifications are universally offered by religious believers but are infrequently offered by credentialed Secularists, and (2) they are the result of a studied use of pretextual, secular-sounding language to cloak a religiously-motivated bias against homosexuals and same-sex …
Grappling With “Solicitation”: The Need For Statutory Reform In North Carolina After Lawrence V. Texas, Christopher R. Murray
Grappling With “Solicitation”: The Need For Statutory Reform In North Carolina After Lawrence V. Texas, Christopher R. Murray
Duke Journal of Gender Law & Policy
Teresa Pope was charged with solicitation of the crime against nature for offering oral sex for money to two undercover police officers.5 Solicitation is an inchoate offense-like attempt or conspiracy-that relies on the criminality of the underlying conduct. 6 Although oral sex by itself cannot be criminalized post-Lawrence, the North Carolina Court of Appeals held in State v. Pope that the charge of solicitation of the crime against nature survived Lawrence by virtue of an exception in that decision allowing criminalization of prostitution. "10 In State v. Richardson, the Supreme Court of North Carolina construed this statute to apply only …
The Many Faces Of Darlene Jespersen, Michael Selmi
The Many Faces Of Darlene Jespersen, Michael Selmi
Duke Journal of Gender Law & Policy
Since this symposium and this case are about appearances, it is worth noting that Lambda Legal posted pictures of Darlene Jespersen in her uniform on its website, and those pictures could be seen as presenting a stereotypical image of a middle-aged gay woman.5 There are obviously many reasons the pictures may have been presented-to humanize her, to show the effect of the makeup policy since the pictures appeared to be taken in the context of the personal best policy-but they also convey an image, and were likely intended to do so. An objection to this line of reasoning is likely …
Lessons From Equal Opportunity Harasser Doctrine: Challenging Sex-Specific Appearance And Dress Codes, Deborah Zalesne
Lessons From Equal Opportunity Harasser Doctrine: Challenging Sex-Specific Appearance And Dress Codes, Deborah Zalesne
Duke Journal of Gender Law & Policy
Importing interpretations of Title VII developed from the equal opportunity harasser doctrine to dress code cases-which also fall under the purview of Title VII-would allow courts to focus on the sex-based underpinnings of employer dress codes that construct women as generally inferior to men and the harm that dress codes present to individuals who deviate from accepted gender norms, without requiring comparative evidence of unequal burdens to both sexes.
Commerce Clause Jurisprudence And The Graves Amendment: Implications For The Vicarious Liability Of Car Leasing Companies, Susan Lorde Martin
Commerce Clause Jurisprudence And The Graves Amendment: Implications For The Vicarious Liability Of Car Leasing Companies, Susan Lorde Martin
University of Florida Journal of Law & Public Policy
No abstract provided.
Palmore Comes Of Age: The Place Of Race In The Placement Of Children, David D. Meyer
Palmore Comes Of Age: The Place Of Race In The Placement Of Children, David D. Meyer
University of Florida Journal of Law & Public Policy
No abstract provided.
Political Gerrymandering: Outside The Aegis Of Equal Protection, Andrew William Lee
Political Gerrymandering: Outside The Aegis Of Equal Protection, Andrew William Lee
University of Florida Journal of Law & Public Policy
No abstract provided.
The Law And Lawyer As Enemy Combatants, Ariel Meyerstein
The Law And Lawyer As Enemy Combatants, Ariel Meyerstein
University of Florida Journal of Law & Public Policy
No abstract provided.
Medium-Specific Regulation Of Attorney Advertising: A Critique, Lyrissa Barnett Lidsky, Tera Jckowski Peterson
Medium-Specific Regulation Of Attorney Advertising: A Critique, Lyrissa Barnett Lidsky, Tera Jckowski Peterson
University of Florida Journal of Law & Public Policy
No abstract provided.
A New Method To Guide Constitutional Interpretation: Introducing "Negative Originalism", Adam Lamparello
A New Method To Guide Constitutional Interpretation: Introducing "Negative Originalism", Adam Lamparello
University of Florida Journal of Law & Public Policy
No abstract provided.
Searching For Patterns In The Laws Governing Access To Records And Meetings In The Fifty States By Using Multiple Research Tools, Bill F. Chamberlin, Cristina Popescu, Michael F. Weigold, Nissa Laughner
Searching For Patterns In The Laws Governing Access To Records And Meetings In The Fifty States By Using Multiple Research Tools, Bill F. Chamberlin, Cristina Popescu, Michael F. Weigold, Nissa Laughner
University of Florida Journal of Law & Public Policy
No abstract provided.
Hewlett-Packard's Spy Games And The "Duty Of Caremark": How Inconsistent Standards Governing A Director's Duty Of Care Disgraced A Company, Lawrence Scheinert
Hewlett-Packard's Spy Games And The "Duty Of Caremark": How Inconsistent Standards Governing A Director's Duty Of Care Disgraced A Company, Lawrence Scheinert
University of Florida Journal of Law & Public Policy
No abstract provided.
Constitutional Law: The Reasonableness Requirement And Fourth Amendment Boundaries To Co-Occupant Consent, Tim Buskirk
Constitutional Law: The Reasonableness Requirement And Fourth Amendment Boundaries To Co-Occupant Consent, Tim Buskirk
University of Florida Journal of Law & Public Policy
No abstract provided.
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 13, Iss. 2
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 13, Iss. 2
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 14, Iss. 1
Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 14, Iss. 1
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
From Insanity To Beyond Diminished Capacity: Mental Illness And Criminal Excuse In The Post-Clark Era, Henry F. Fradella
From Insanity To Beyond Diminished Capacity: Mental Illness And Criminal Excuse In The Post-Clark Era, Henry F. Fradella
University of Florida Journal of Law & Public Policy
No abstract provided.
Fair Use Rights In A World Of The Broadcast Flag And Digital Rights Management: Do Consumers Have A Chance?, Andrew William Bagley
Fair Use Rights In A World Of The Broadcast Flag And Digital Rights Management: Do Consumers Have A Chance?, Andrew William Bagley
University of Florida Journal of Law & Public Policy
No abstract provided.
Mining For Morality At Sago Mine: Big Business And Big Money Equal Modest Enforcement Of Health And Safety Standards, Shari Ben Moussa
Mining For Morality At Sago Mine: Big Business And Big Money Equal Modest Enforcement Of Health And Safety Standards, Shari Ben Moussa
University of Florida Journal of Law & Public Policy
No abstract provided.
First Amendment Protection For False Commercial Speech By A Publisher Regarding The Truthfulness Of Its Publication: A Response To Litigation Arising Over James Frey's A Million Little Pieces, Jason Kessler
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Foreword: Iraq And The Making Of State Media Policy, Monroe E. Price
Foreword: Iraq And The Making Of State Media Policy, Monroe E. Price
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Policy Recommendations Concerning Broadcasting In Iraq, Stanhope Centre For Communications Policy Research
Policy Recommendations Concerning Broadcasting In Iraq, Stanhope Centre For Communications Policy Research
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Does Liability Enhance Credibility?: Lessons From The Dmca Applied To Online Defamation, Olivera Medenica, Kaiser Wahab
Does Liability Enhance Credibility?: Lessons From The Dmca Applied To Online Defamation, Olivera Medenica, Kaiser Wahab
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 24, Iss. 3
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 24, Iss. 3
Cardozo Arts & Entertainment Law Journal
No abstract provided.
To Live In In-"Fame"-Y: Reconceiving Scandalous Marks As Analogous To Famous Marks, Jasmine Abdel-Khalik
To Live In In-"Fame"-Y: Reconceiving Scandalous Marks As Analogous To Famous Marks, Jasmine Abdel-Khalik
Cardozo Arts & Entertainment Law Journal
No abstract provided.