Law Commons^™

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

Indiana Law Journal

No abstract provided.

An Essay On Institutional Responsibility: The Indigenous Blacks And Micmac Programme At Dalhousie Law School, Richard F. Devlin, A Wayne Mackay

Dalhousie Law Journal

Dalhousie Law School, like most other law schools, as a tribute to its graduates and as a manifestation of its traditions, adorns its walls with class photographs of years gone by. However, if one were to stop and scrutinize more carefully these pictures one might want to reconsider the tradition in a more circumspect light. Perhaps one might notice that until the nineteen sixties women were few and far between and that even now they still make up less than half of most graduating classes. More conspicuous still, is the general absence of First Nations peoples from the celebratory pageant. …

Fertile Women May Now Apply: Fetal Protection Policies After Johnson Controls, Barbara Ruhe Grumet

RISK: Health, Safety & Environment (1990-2002)

In its recent interpretation of Title VII of the Civil Rights Act, the U.S. Supreme Court leaves little room for permissible occupational sex discrimination. However, its decision has wider implications. Here, Professor Grumet takes a look at some of them from both a legal and a social perspective, including matters such as employees' reproductive freedom and employers' potential liability for a variety of possible injuries to employees' offspring.

Obscuring The Importance Of Race: The Implication Of Making Comparisons Between Racism And Sexism (Or Other-Isms), Trina Grillo, Stephanie M. Wildman

Duke Law Journal

No abstract provided.

Feminizing Unions: Challenging The Gendered Structure Of Wage Labor, Marion Crain

Michigan Law Review

In this article, I argue that labor unions can be an effective, central tool in a feminist agenda targeting the gendered structure of wage labor. Collective action is the most powerful and expedient route to female empowerment; further, it is the only feasible means of transforming our deeply gendered market and family structure. Others have laid the groundwork by showing how existing individual-model challenges have been unable to accomplish such broad-based reform. I begin where they leave off.

Core Freedoms In Nigerian And U.S. Constitutions: A Study In Difference, Gordon A. Christenson

Faculty Articles and Other Publications

This article compares core freedoms in the United States Constitution with similar constitutional experience encountered in the Nigerian Constitution. It is a study in difference, illuminated by learned papers and discussion of these issues by judges, lawyers, professors, journalists and activists in Nigeria. Moreover, to add a third dimension, differences and similarities in constitutional experiences are shown within the contemporary framework of international norms.

Unwelcome Imports: Racism, Sexism, And Foreign Investment, William H. Lash Iii

Michigan Journal of International Law

This article will address the problems minorities and women face from Japanese foreign direct investment. This article focuses on Japanese direct investment because the rapid rise in Japan's direct investment in the United States, combined with a record of discrimination by Japanese firms in Japan and abroad, makes Japanese investment the best example of the problems addressed in this article. However, the discriminatory attitudes described here may well be held by other foreign investors, and therefore, the legislation proposed later in this article addresses a broader problem.

Note, The Convention For The Elimination Of All Forms Of Discrimination Against Women: Radical, Reasonable, Or Reactionary?, Sarah C. Zearfoss

Michigan Journal of International Law

This Note will explore the merits behind these positions and attempt a resolution. If the potential effect of the Convention can only be to freeze and enshrine sex equality law as it currently exists, one who is interested in achieving changes in the law for the purpose of benefiting women will not want to put her energy into lobbying for ratification. It is therefore important to get past political strategies and determine what promise the Convention might hold for women in the United States. If the United States were to ratify the Convention, what changes, if any, would result?

The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr.

Journal Articles

Martin Luther King, Jr. once wrote that our nation's civil rights laws were a "sparse and insufficient collection of statutes ... barely a naked framework."' On their faces, many federal civil rights statutes constitute little more than broad directives that "Thou shalt not discriminate." Broadly worded statements outlawing discrimination were the optimal approach to statutory draftsmanship in light of the controversial nature of the civil rights laws passed in the 1960s and 1970s. The drafters of these statutes needed to craft language that would be palatable to a majority of the members of Congress while still having a meaningful impact …

Two Faces Of Disparate Impact Discrimination, Pamela L. Perry

Pamela L Perry

No abstract provided.

Equal Protection

Touro Law Review

No abstract provided.

Feminist Jurisprudence: Why Law Must Consider Women's Perspectives, Ann Juergens

Faculty Scholarship

A growing number of scholars are asking how the law would be different if it took women's points of view and experiences into account. Feminist Jurisprudence argues that we must look at the norms embedded in our legal system and rethink the law. It is about being inclusive of women, and of all people who differ from the norms of the law as it is today. The endeavor will necessarily shake up established relations between family, the workplace and the state. Lawyers, judges, and legislators should get ready for the changes.

Don't Throw The Price Waterhouse Baby Out With The Bath Water: Age Discrimination And The Direct Evidence/Mixed Motive Puzzle, Mary L. Beyer

Seattle University Law Review

This Comment examines why Washington should place a higher burden on employers in direct evidence and mixed motive age discrimination cases. Because Washington courts follow federal case law in interpreting state anti-discrimination legislation, Section II examines relevant federal statutes and the history of their interpretation by federal courts. Section III explores the courts' modification of the traditional federal approach found in direct evidence and mixed motive cases. Section IV discusses Washington's anti-discrimination statute and Washington's judicial interpretation of that statute. Section V demonstrates Washington's insufficient response to federal developments in direct evidence and mixed motive cases. Finally, Section VI identifies …

Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman

Touro Law Review

No abstract provided.

Equal Protection

Touro Law Review

No abstract provided.

Women's Rights Litigation In The 1980s: More Of The Same?, Tracey E. George, Lee Epstein

Vanderbilt Law School Faculty Publications

In the September 1983 issue of Judicature,Karen O'Connor and Lee Epstein published the results of their examination of the fate of gender-based cases in the U.S. Supreme Court during the 1970s. Overall, they found that the justices were quite receptive to such claims, supporting the women's rights position in about 58 percent of the 63 disputes resolved between the 1969 and 1980 terms.

Quantum Leap: A Black Woman Uses Legal Education To Obtain Her Honorary White Pass, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The nature of privilege is that it is hidden from those who possess it even more than it is hidden from those who lack privilege. Privilege's invisibility to its owner makes privilege difficult to both identify and fight.

Minority Law Teachers Conference, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The 1990 Minority Law Teachers Conference was dedicated to expanding the number of minorities in law teaching. To this end, the volume addresses a wide variety of concerns for new and veteran teachers including: teaching, scholarship, service, diversity and recruitment. The volume remains one of the most comprehensive statements of minority law professors about their role in the academy.

Two Faces Of Disparate Impact Discrimination, Pamela L. Perry

Fordham Law Review

No abstract provided.

Employer Sanctions And Discrimination: The Case For Repeal Of The Employer Sanctions Provisions Of The Immigration Reform And Control Act Of 1986, Aaron Schwabach

Faculty Scholarship

No abstract provided.

Book Review. Belonging To America, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.

Affirmative Action, Douglas Scherer, John Dunne

Touro Law Review

No abstract provided.

From Class Actions To Miss Saigon: The Concept Of Representation In The Law, Martha L. Minow

Cleveland State Law Review

The representation debates over casting "Miss Saigon" and law school faculties reflect the prevalence of contemporary assumptions about group differences. They reflect arguments made on behalf of historically excluded groups that group membership serves as a proxy for shared experiences and especially common experiences as victims of societal prejudice. Opponents, styled as defenders of neutrality, resist such arguments because they undermine the commitment to treating individuals as individuals. Maybe we can understand the debates better by seeing connections to deeper confusions about the concept of representation throughout our society, made especially vivid in legal and political contexts. If treated as …

The Government And Union Democracy, Theodore J. St. Antoine

Articles

The desirability of union democracy is generally regarded today as a self-evident proposition. In this Symposium Clyde Summers treats it as a "fundamental premise." But there have always been reputable scholars who would support the thesis, in greater or lesser degree, that "democracy is as inappropriate within the international headquarters of the UAW as it is in the front office of General Motors."

Inherently Discriminatory Conduct Revisited: Do We Know It When We See It?, Barbara J. Fick

Journal Articles

"This article traces the development of the inherently discriminatory doctrine, proposes some guidelines for determining when employer conduct falls under the rubric of the inherently discriminatory doctrine, and analyzes two cases dealing with employer use of temporary replacements during offensive lockouts in light of the proposed guidelines."

To Confront Or Not To Confront: Measuring Claiming Rates In Discrimination Grievances, Neil Vidmar, Herbert M. Kritzer, W. A. Bogart

Faculty Scholarship

This note reexamines the generally accepted belief that persons with discrimination-related grievances are much less likely to complain about their problem than are persons with grievances arising from consumer purchases, torts, or other common kinds of personal problems. We find that previously reported analyses greatly overstate the gap between complaining in discrimination problems and other kinds of problems. Drawing on data from three surveys, each conducted in a different country (the United States, Canada, and Australia), we find that for some types of discrimination problems the level of complaining in fact equals or exceeds complaining in other arenas.

From Class Actions To Miss Saigon: The Concept Of Representation In The Law, Martha L. Minow

Cleveland State Law Review

The representation debates over casting "Miss Saigon" and law school faculties reflect the prevalence of contemporary assumptions about group differences. They reflect arguments made on behalf of historically excluded groups that group membership serves as a proxy for shared experiences and especially common experiences as victims of societal prejudice. Opponents, styled as defenders of neutrality, resist such arguments because they undermine the commitment to treating individuals as individuals. Maybe we can understand the debates better by seeing connections to deeper confusions about the concept of representation throughout our society, made especially vivid in legal and political contexts. If treated as …

Fetal Protection And Employment Discrimination - The Johnson Controls Case, George J. Annas

Faculty Scholarship

Employers have historically limited women's access to traditionally male, high-paying jobs. In one famous case early in this century, the U.S. Supreme Court upheld an Oregon law that forbade hiring women for jobs that required more than 10 hours of work a day in factories. The Chief Justice explained that this restriction was reasonable because "healthy mothers are essential to vigorous offspring" and preserving the physical well-being of women helps "preserve the strength and vigor of the race." This rationale was never particularly persuasive, and women's hours have not been limited in traditionally female, low-paid fields of employment, such as …

Teaching Transformative Jurisprudence (Film Review), Vincent R. Johnson

Faculty Articles

The Road to Brown is a film that deals with the transformative judicial ruling of Brown v. Board of Education. Many regard this case as the most important holding ever made by a United States court. The Road to Brown offers law professors a superb vehicle for bringing to the classroom the attention to persons, sense of history, and focus on litigation strategy that a great decision demands.

The Road to Brown provides a rich socio-legal-historical perspective on the events that culminated in the 1945 Supreme Court ruling barring racial segregation in public elementary schools. The program blends together photographs, …

Let Them Become Professionals: An Analysis Of The Failure To Enforce Title Vii’S Pay Equity Mandate, Pamela L. Perry

Pamela L Perry

No abstract provided.