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Full-Text Articles in Law

Title Vii And The Unenvisaged Case: Is Anti-Lgbtq Discrimination Unlawful Sex Discrimination, Ronald Turner Jan 2020

Title Vii And The Unenvisaged Case: Is Anti-Lgbtq Discrimination Unlawful Sex Discrimination, Ronald Turner

Indiana Law Journal

As discussed herein, courts and individual judges recognizing or not finding actionable Title VII anti-LGBTQ14 claims have offered different rationales in support of their conflicting positions, including three justifications discussed in this project: (1) the meaning of Title VII’s “because of sex” prohibition, (2) the Supreme Court’s and circuit courts’ construction of the “because of sex” provision in the context of sex stereotyping and gender nonconformity discrimination as applied to the anti- LGBTQ question, and (3) associational discrimination theory. Claim-recognizing jurists have looked to Title VII’s text, Supreme Court and circuit court precedent, and the views of ...


Gender Disparities In Plea Bargaining, Carlos Berdejo Oct 2019

Gender Disparities In Plea Bargaining, Carlos Berdejo

Indiana Law Journal

Across wide-ranging contexts, academic literature and the popular press have identified pervasive gender disparities favoring men over women in society. One area in which gender disparities have conversely favored women is the criminal justice system. Most of the empirical research examining gender disparities in criminal case outcomes has focused on judges’ sentencing decisions. Few studies have assessed disparities in the steps leading up to a defendant’s conviction, where various actors make choices that constrain judges’ ultimate sentencing discretion. This Article addresses this gap by examining gender disparities in the plea-bargaining process. The results presented in this Article reveal significant ...


Post-Racialism And The End Of Strict Scrutiny, David Schraub Apr 2017

Post-Racialism And The End Of Strict Scrutiny, David Schraub

Indiana Law Journal

In recent years, a growing social consensus has emerged around the aspiration of a “post-racial” America: one where race is no longer a fault line for social strife or, perhaps, a morally significant trait whatsoever. This ambition, however, lies in tension with the most basic constitutional principle governing our treatment of race in the public sphere: that of “strict scrutiny.” Post-racialism seeks to diminish the salience of race to near negligibility. The strict scrutiny of racial classifications, by contrast, significantly enhances the salience of race by treating it differently from virtually every other personal attribute or characteristic—including hair or ...


Hierarchies Of Discrimination In Baby Making: A Response To Professor Carroll, Radhika Rao Oct 2013

Hierarchies Of Discrimination In Baby Making: A Response To Professor Carroll, Radhika Rao

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012


Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Andrea B. Carroll Oct 2013

Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Andrea B. Carroll

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012


How Parents Are Made: A Response To Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Kimberly M. Mutcherson Oct 2013

How Parents Are Made: A Response To Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Kimberly M. Mutcherson

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012


Beyond Labor Law: Private Initiatives To Promote Employee Freedom Of Association In The Obama Era, William Gould Iv Jan 2012

Beyond Labor Law: Private Initiatives To Promote Employee Freedom Of Association In The Obama Era, William Gould Iv

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.


Beyond The Zero-Sum Game: Toward Title Vii Protection For Intergroup Solidarity, Noah D. Zatz Jan 2002

Beyond The Zero-Sum Game: Toward Title Vii Protection For Intergroup Solidarity, Noah D. Zatz

Indiana Law Journal

No abstract provided.


Response To Professor Wax: Discrimination As Accident: Old Whine, New Bottle, Michael Selmi Oct 1999

Response To Professor Wax: Discrimination As Accident: Old Whine, New Bottle, Michael Selmi

Indiana Law Journal

No abstract provided.


Discrimination As Accident, Amy L. Wax Oct 1999

Discrimination As Accident, Amy L. Wax

Indiana Law Journal

No abstract provided.


Thou Shalt Not Sue The Church: Denying Court Access To Ministerial Employees, Shawna Meyer Eikenberry Jan 1998

Thou Shalt Not Sue The Church: Denying Court Access To Ministerial Employees, Shawna Meyer Eikenberry

Indiana Law Journal

No abstract provided.


Great Expectations: Women In The Legal Profession: A Commentary On State Studies, Ann J. Gellis Oct 1991

Great Expectations: Women In The Legal Profession: A Commentary On State Studies, Ann J. Gellis

Indiana Law Journal

No abstract provided.


Private Parties And Bankruptcy-Based Discrimination, Douglass Boshkoff Apr 1987

Private Parties And Bankruptcy-Based Discrimination, Douglass Boshkoff

Indiana Law Journal

No abstract provided.


In Defense Of Disparate Impact Analysis Under Title Vii: A Reply To Dr. Cohn, Elaine W. Shoben Apr 1980

In Defense Of Disparate Impact Analysis Under Title Vii: A Reply To Dr. Cohn, Elaine W. Shoben

Indiana Law Journal

No abstract provided.


On The Use Of Statistics In Employment Discrimination Cases, Richard M. Cohn Apr 1980

On The Use Of Statistics In Employment Discrimination Cases, Richard M. Cohn

Indiana Law Journal

No abstract provided.


Legal Dimensions Of Women's Liberation: An Overview, Robert A. Sedler Apr 1972

Legal Dimensions Of Women's Liberation: An Overview, Robert A. Sedler

Indiana Law Journal

No abstract provided.


Title Vii And Postjudgment Class Actions, John F. Crawford Jan 1972

Title Vii And Postjudgment Class Actions, John F. Crawford

Indiana Law Journal

No abstract provided.


Equal Rights For Women: The Need For A National Policy, Julia C. Lamber Apr 1971

Equal Rights For Women: The Need For A National Policy, Julia C. Lamber

Indiana Law Journal

No abstract provided.


Discrimination Against Minorities In The Federal Housing Programs Jul 1956

Discrimination Against Minorities In The Federal Housing Programs

Indiana Law Journal

No abstract provided.


Peremptory Challenging Of Negro Veniremen As Discrimination Against Negro Criminal Defendant Jan 1949

Peremptory Challenging Of Negro Veniremen As Discrimination Against Negro Criminal Defendant

Indiana Law Journal

Recent Cases: Juries


Restraints On Alienation Jan 1946

Restraints On Alienation

Indiana Law Journal

Notes and Comments: Constitutional Law


Teacher Tenure Contracts-Discrimination Against Married Women Teachers Dec 1937

Teacher Tenure Contracts-Discrimination Against Married Women Teachers

Indiana Law Journal

No abstract provided.


Schools-Race Segregation-Constitutional Law Mar 1932

Schools-Race Segregation-Constitutional Law

Indiana Law Journal

No abstract provided.


Public Utility Service And Discrimination, Charles S. Hyneman Apr 1930

Public Utility Service And Discrimination, Charles S. Hyneman

Indiana Law Journal

No abstract provided.