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Articles 1 - 30 of 50
Full-Text Articles in Law
Safety In Numbers? Equal Protection Desegregation And Discrimination: School Desegregation In A Multi-Cultural Society , Haeryung Shin
Safety In Numbers? Equal Protection Desegregation And Discrimination: School Desegregation In A Multi-Cultural Society , Haeryung Shin
Cornell Law Review
No abstract provided.
The Future Of The Post-Batson Peremptory Challenge: Voir Dire By Questionnaire And The "Blind" Peremptory, Jean Montoya
The Future Of The Post-Batson Peremptory Challenge: Voir Dire By Questionnaire And The "Blind" Peremptory, Jean Montoya
University of Michigan Journal of Law Reform
This Article examines the peremptory challenge as modified by Batson and its progeny. The discussion is based in part on a survey of trial lawyers, asking them about their impressions of the peremptory challenge, Batson, and jury selection generally. The Article concludes that neither the peremptory challenge nor Batson achieve their full potential. Primarily because of time and other constraints on voir dire, the peremptory challenge falls short as a tool in shaping fair and impartial juries. While Batson may prevent some unlawful discrimination in jury selection, Batson falls short as a tool in identifying unlawful discrimination once it …
The (Social And Economic Paradigm Of Racism And Its Impact On The Educational And Professional Experiences Of Seven African-American Attorneys In Oklahoma City, Tynan D. Anderson
The (Social And Economic Paradigm Of Racism And Its Impact On The Educational And Professional Experiences Of Seven African-American Attorneys In Oklahoma City, Tynan D. Anderson
McCabe Thesis Collection
Through the years Blacks have struggled for equality from the right to sit anywhere they chose on a bus to the right to eat in any restaurant. One of the most significant areas of struggle has been equal employment opportunities for Black professionals. The number of Black professionals has increased through the years; however, this increase is minimal when compared to the overall number of professionals in the United States. For example, "the number of Black attorneys has increased by 600% over the past seventeen years... [yet] they only constitute four percent of the total number of lawyers in the …
Whose Alien Nation?: Two Models Of Constitutional Immigration Law, Hiroshi Motomura
Whose Alien Nation?: Two Models Of Constitutional Immigration Law, Hiroshi Motomura
Michigan Law Review
A Review of Peter Brimelow, Alien Nation: Common Sense About America's Immigration Disaster
Getting Tossed From The Ivory Tower: The Legal Implications Of Evaluating Faculty Performance, John D. Copeland, John W. Murry Jr.
Getting Tossed From The Ivory Tower: The Legal Implications Of Evaluating Faculty Performance, John D. Copeland, John W. Murry Jr.
Missouri Law Review
This Article examines some of the legal issues that permeate the performance review process in higher education and offers some suggestions for improving faculty evaluations. As will be apparent, the courts have generally given institutions of higher education great latitude in devising and administering performance review programs. However, colleges and universities do not have carte blanche with their performance reviews and there are critical constraints on what institutions of higher education can do. These constraints are rooted in principles of fundamental fairness and due process, as well as constitutional and statutory requirements.
The Path Of Most Resistance: The Long Road Toward Gender Equity In Intercollegiate Athletics, Deborah Brake, Elizabeth Catlin
The Path Of Most Resistance: The Long Road Toward Gender Equity In Intercollegiate Athletics, Deborah Brake, Elizabeth Catlin
Duke Journal of Gender Law & Policy
While sports have long played an important role in educating boys and young men in leadership, physical fitness and competitive skills, only recent- ly have girls and young women had the chance to benefit from athletic opportunities. Over two decades of experience with a federal statute pro- hibiting sex discrimination in school sports programs have brought important successes in opening doors for female athletes. However, enforcement of equal opportunity in this area has encountered strong resistance from the athletic establishment, which has fought efforts to equalize resources and opportunities for young women. Heightened enforcement of equal athletic opportunity in the …
Still On The Sidelines: Developing The Non-Discrimination Paradigm Under Title Ix, Brian A. Snow, William E. Thro
Still On The Sidelines: Developing The Non-Discrimination Paradigm Under Title Ix, Brian A. Snow, William E. Thro
Duke Journal of Gender Law & Policy
I. Introduction Despite the promises of equal opportunity for women signalled by the passage of Title IX of the Education Amendments of 1972 (Title IX), 1 little progress in the creditable realization of this goal occurred in intercollegiate or interscholastic athletics between 1972 and 1992. 2 This lack of progress was unfortunate. 3 In many ways, most women were still on the sidelines. However, recent judicial decisions have allowed many, but certainly not all, women to leave the sidelines and enter the playing fields as equals. By virtue of three landmark cases, Cohen v. Brown, 4 Roberts v. Colorado State …
Arbitration Of Employment Discrimination Claims And The Challenge Of Contemporary Federalism, Ellwood F. Oakley Iii, Donald O. Mayer
Arbitration Of Employment Discrimination Claims And The Challenge Of Contemporary Federalism, Ellwood F. Oakley Iii, Donald O. Mayer
South Carolina Law Review
No abstract provided.
Foreword: Never Again, Franklin D. Cleckley
Foreword: Never Again, Franklin D. Cleckley
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Discrimination, Affirmative Action And Freedom: Sorting Out The Issues , Roger Pilon
Discrimination, Affirmative Action And Freedom: Sorting Out The Issues , Roger Pilon
American University Law Review
No abstract provided.
Fair Housing Act (Symposium: The Supreme Court And Local Government Law: The 1994-95 Term), Leon D. Lazer
Fair Housing Act (Symposium: The Supreme Court And Local Government Law: The 1994-95 Term), Leon D. Lazer
Scholarly Works
No abstract provided.
Mediation And The Americans With Disabilities Act, Ann C. Hodges
Mediation And The Americans With Disabilities Act, Ann C. Hodges
Law Faculty Publications
This Article will analyze the potential uses of mediation in ADA disputes, focusing primarily on employment issues. Part II of the Article provides a description and analysis of the mediation process. Part III provides an overview of the ADA. Part IV examines the dispute resolution provisions of the ADA and both the current and proposed uses of alternative dispute resolution. Finally, Part V analyzes the use of mediation in ADA cases and recommends appropriate uses of mediation that will effectuate the purpose of the statute.
Are Non-English-Speaking Claimants Served By Unemployment Compensation Programs? The Need For Bilingual Services, Mary K. Gillespie, Cynthia G. Schneider
Are Non-English-Speaking Claimants Served By Unemployment Compensation Programs? The Need For Bilingual Services, Mary K. Gillespie, Cynthia G. Schneider
University of Michigan Journal of Law Reform
This Article examines the need for interpreters and translated written materials in unemployment compensation programs for those claimants who do not read, understand, or speak English well or at all. Thousands of employable persons in the United States do not read, understand, or speak English. These persons may be unable to receive unemployment compensation benefits or may receive delayed benefits solely because they are unable to comprehend English. The authors examine how ten states with substantial populations of limited-English-proficient speakers have provided these persons access to their state's unemployment compensation programs. The authors find varying practices among the states in …
Mandatory Arbitration Of Individual Employment Rights: The Yellow Dog Contract Of The 1990s, Katherine V.W. Stone
Mandatory Arbitration Of Individual Employment Rights: The Yellow Dog Contract Of The 1990s, Katherine V.W. Stone
Cornell Law Faculty Publications
No abstract provided.
Parading The First Amendment Through The Streets Of South Boston, Dwight G. Duncan
Parading The First Amendment Through The Streets Of South Boston, Dwight G. Duncan
Faculty Publications
The real question that presented itself about this case is why all this litigation was necessary, if the legal principle was so clear? The fact is that GLIB was interested in the confrontation, and while it takes two to make a fight, it only takes one to start one. GLIB wanted to make a statement similar to the one made by ILGO. GLIB filed the original suit. The Veterans, on the defensive, simply kept appealing, all the way to the United States Supreme Court. By then, GLIB may have preferred to walk away, but the battle lines had already been …
Hostile Environent Sexual Harassment Claims And The Unwelcome Influence Of Rape Law, Janine Benedet
Hostile Environent Sexual Harassment Claims And The Unwelcome Influence Of Rape Law, Janine Benedet
Michigan Journal of Gender & Law
This article considers the unwelcomeness requirement of the plaintiff’s prima facie case. In particular, it examines the discussion of unwelcomeness found in the decision of the Supreme Court in Meritor Savings Bank v. Vinson, and the content given to this element by the subsequent decisions of lower courts. Such an inquiry reveals several parallels between the approach of courts to sexual harassment claims and their traditional treatment of the criminal offense of rape. The same biases and erroneous assumptions that have hampered an effective response to the physical violation of women have permeated the application of the purported remedy …
U.S. Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julia Ernst
U.S. Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julia Ernst
Michigan Journal of Gender & Law
The purpose of this article is to highlight the need for ratification of the Convention by the United States, and to address arguments against ratification. Various concerns have been raised with respect to CEAFDAW, both specific to the United States and more international in scope. Some problems pertain to United States ratification generally, other issues concern potential conflicts between specific articles of the Convention and U.S. law, and broader problems have been raised with respect to international implementation. Most of these issues are not uncommon in international agreements, and may therefore be remedied through conventional mechanisms, including implementing legislation, reservations, …
Second-Parent Adoption: Overcoming Barriers To Lesbian Family Rights, Maxwell S. Peltz
Second-Parent Adoption: Overcoming Barriers To Lesbian Family Rights, Maxwell S. Peltz
Michigan Journal of Gender & Law
Part I of this Article will discuss some of the legal difficulties associated with co-parenting and why lesbian couples have sought second-parent adoptions. Part II will examine the particular statutory obstacles to second-parent adoptions and then analyze the various ways courts in several states have overcome these obstacles. Finally, Part III will discuss the implications of these decisions in terms of their creation of legal and social norms.
Women In The Courts: An Old Thorn In Men's Sides, Nikolaus Benke
Women In The Courts: An Old Thorn In Men's Sides, Nikolaus Benke
Michigan Journal of Gender & Law
This article was inspired by the work of a series of state task forces on women in the courts. It examines the subject from a historical perspective, comparing ancient Rome, mainly during the period from the first century B.C. to the third A.D., with the United States, from its prerevolutionary beginnings to the present. The article's focus is gender bias against women acting in official court functions.
"What's So Magic[Al] About Black Women?" Peremptory Challenges At The Intersection Of Race And Gender, Jean Montoya
"What's So Magic[Al] About Black Women?" Peremptory Challenges At The Intersection Of Race And Gender, Jean Montoya
Michigan Journal of Gender & Law
This Article addresses the evolving constitutional restraints on the exercise of peremptory challenges in jury selection. Approximately ten years ago, in the landmark case of Batson v. Kentucky, the United States Supreme Court held that the Equal Protection Clause forbids prosecutors to exercise race-based peremptory challenges, at least when the excluded jurors and the defendant share the same race. Over the next ten years, the Court extended Batson's reach.
Ramifications Of St. Mary’S Honor Center V. Hicks: The Third Circuit’S Revival Of “Pretext-Only” At Summary Judgment, Alison D. Kehner
Ramifications Of St. Mary’S Honor Center V. Hicks: The Third Circuit’S Revival Of “Pretext-Only” At Summary Judgment, Alison D. Kehner
Alison D. Kehner
No abstract provided.
Preventing And Responding To Workplace Sexual Harassment, Chris Mcneil
Preventing And Responding To Workplace Sexual Harassment, Chris Mcneil
Christopher B. McNeil, J.D., Ph.D.
A review of Title VII and state-based claims alleging workplace sexual harassment circa 1996-99.
Natives, Newcomers And Nativism: A Human Rights Model For The Twenty-First Century, Berta E. Hernández-Truyol
Natives, Newcomers And Nativism: A Human Rights Model For The Twenty-First Century, Berta E. Hernández-Truyol
UF Law Faculty Publications
This article undertakes a broad overview of nativist sentiment and discrimination in U.S. social and legal history. Following a powerful vignette of a personal experience encountering nativism because of her accent, the author briefly reviews the history of the New York City Human Rights Commission in Part II. Part III traces the history of U.S. immigration and the parallel legacy of nativism, while Part IV details the legal developments arising from alienage discrimination. After reviewing relevant sources of international human rights law, the author concludes in Part VI by advocating a new human rights paradigm that will promote equality and …
Down And Out In Weslaco, Texas And Washington, D.C.: Race-Based Discrimination Against Farm Workers Under Federal Unemployment Insurance, Laurence E. Norton Ii, Marc Linder
Down And Out In Weslaco, Texas And Washington, D.C.: Race-Based Discrimination Against Farm Workers Under Federal Unemployment Insurance, Laurence E. Norton Ii, Marc Linder
University of Michigan Journal of Law Reform
This Article explains how federal law excludes half of the nation's farm workers from the unemployment insurance (UI) system. It describes how even those fortunate enough to work in covered employment often lose their benefits when employers use crew leaders who fail to report wages and pay unemployemnt insurance taxes. This discriminatory treatment of farm workers is then shown to be racially motivated and to have a disproportionate impact on the non-White majority of agricultural workers. Today's partial exclusion of these workers from UI isa legacy of Congress's complete exclusion of farm workers from all New Deal legislation intended to …
Advances In Genetic Research And Technologies: Challenges For Public Policy, Karen H. Rothenberg
Advances In Genetic Research And Technologies: Challenges For Public Policy, Karen H. Rothenberg
Congressional Testimony
No abstract provided.
Identifying The Harm In Racial Gerrymandering Claims, Samuel Issacharoff, Thomas C. Goldstein
Identifying The Harm In Racial Gerrymandering Claims, Samuel Issacharoff, Thomas C. Goldstein
Michigan Journal of Race and Law
This Article proceeds along two lines. First, it reviews the theories of harm set forth in the Justices' various opinions, i.e., the articulated risks to individual rights that may or may not be presented by racial gerrymandering. What is learned from this survey is that Shaw and its progeny serve different purposes for different members of the Court. Four members of the Shaw, Miller v. Johnson, and United States v. Hays majorities-Chief Justice Rehnquist, along with Justices Scalia, Kennedy, and Thomas- are far more concerned with "race" than "gerrymandering." In particular, they consider all race-based government classifications to be inherently …
Rose By Any Other Name No Longer Smells As Sweet: Disparate Treatment Discrimination And The Age Proxy Doctrine After Hazen Paper Co. V. Biggins , Toni J. Querry
Rose By Any Other Name No Longer Smells As Sweet: Disparate Treatment Discrimination And The Age Proxy Doctrine After Hazen Paper Co. V. Biggins , Toni J. Querry
Cornell Law Review
No abstract provided.
Environmental Racism And Biased Methods Of Risk Assessment, Daniel C. Wigley, Kristin S. Shrader-Frechette
Environmental Racism And Biased Methods Of Risk Assessment, Daniel C. Wigley, Kristin S. Shrader-Frechette
RISK: Health, Safety & Environment (1990-2002)
Based on analysis of a risk assessment for a proposed Louisiana uranium enrichment facility, the authors argue that environmental injustice occurs when assessors' scientific methods cause de facto discrimination.
Book Review, Marianne Wesson