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Discrimination

1997

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Institution
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Articles 1 - 30 of 35

Full-Text Articles in Law

Evaluating Purely Reproductive Disorders Under The Americans With Disabilities Act, Todd Lebowitz Dec 1997

Evaluating Purely Reproductive Disorders Under The Americans With Disabilities Act, Todd Lebowitz

Michigan Law Review

Approximately 2.8 million American couples suffer from infertility, a condition generally defined by the medical community as the failure to conceive after one year of unprotected intercourse. During the past thirty years, diagnostic and therapeutic techniques for treating infertility have improved drastically, enabling many previously infertile couples to bear children. These techniques, however, involve considerable expense and inconvenience, frequently requiring patients to take time off from work. Disputes with employers may follow, sometimes resulting in the infertile employee's termination. Some terminated employees, claiming that infertility constitutes a disability, then sue their former employers under the Americans with Disabilities ...


Equal Protection, Class Legislation, And Colorblindness, Melissa L. Saunders Nov 1997

Equal Protection, Class Legislation, And Colorblindness, Melissa L. Saunders

Michigan Law Review

Scholars and judges have long assumed that the Equal Protection Clause is concerned only with state action that has the effect of singling out certain persons or groups of persons for special benefits or burdens. Under the traditional doctrinal framework, state action that has this purpose and effect bears a certain burden of justification under the clause, a burden whose stringency varies, depending on the criteria used to define the class being singled out for special treatment and the importance of the interest affected. But state action that lacks such a "discriminatory effect" is not, on the traditional understanding, subject ...


Modern Discrimination Theory And The National Labor Relations Act, Rebecca H. White Oct 1997

Modern Discrimination Theory And The National Labor Relations Act, Rebecca H. White

Scholarly Works

This Article explores the concept of discrimination under the NLRA [National Labor Relations Act]. Specifically, it examines discrimination under the statute through the lens of Title VII, an approach that brings a fresh perspective to doctrine long considered settled. The purpose of this comparison is to explore the extent to which Title VII's discrimination concepts make sense under the NLRA. This analysis focuses on three specific areas. First, it examines discrimination cases under section 8(a)(1), concluding that the lower courts are wrong to apply Title VII concepts and to insist that without disparate treatment of union activities ...


Note, Moving Ground, Breaking Traditions: Tasha’S Chronicle, Angela Onwuachi-Willig Oct 1997

Note, Moving Ground, Breaking Traditions: Tasha’S Chronicle, Angela Onwuachi-Willig

Faculty Scholarship

This Note uses a fictional dialogue to analyze and engage issues concerning stereotypes, stigmas, and affirmative action. It also highlights the importance of role models for students of color and the disparate hiring practices of law firms and legal employers through the conversations and thoughts of its main character, Tasha Crenshaw.


Crime And Custom In Corporate Society: A Cultural Perspective On Corporate Misconduct, John M. Conley, William M. O'Barr Jul 1997

Crime And Custom In Corporate Society: A Cultural Perspective On Corporate Misconduct, John M. Conley, William M. O'Barr

Law and Contemporary Problems

Conley and O'Barr take an anthropological perspective on three cases of alleged corporate misconduct--car dealer discrimination, Archer Daniels Midland, and the tobacco industry trials.


Psychosocial Risks Of Storing And Using Human Tissues In Research, Jon F. Merz Jun 1997

Psychosocial Risks Of Storing And Using Human Tissues In Research, Jon F. Merz

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

Dr. Merz argues that genetics technology makes it more compelling that researchers plan more carefully for the collection and disposition of information derived from subjects' tissues and blood.


An Equal Opportunity Disorder, Ibpp Editor May 1997

An Equal Opportunity Disorder, Ibpp Editor

International Bulletin of Political Psychology

This article describes some of the problems associated with the worthy endeavor of minimizing discrimination against people diagnosed with mental disorders.


When Physicians Balk At Futile Care: Implications Of The Disability Rights Laws, Philip G. Peters Jr. Apr 1997

When Physicians Balk At Futile Care: Implications Of The Disability Rights Laws, Philip G. Peters Jr.

Faculty Publications

Part I of this article reviews the factual background of the futility debate. Part II introduces the antidiscrimination laws. Thereafter, Parts III, IV, and V examine the three components of the proposal suggested above.


An Analysis Of Gender In Admission To The Canadian Common Law Schools From 1985-86 To 1994-95, Brian M. Mazer Apr 1997

An Analysis Of Gender In Admission To The Canadian Common Law Schools From 1985-86 To 1994-95, Brian M. Mazer

Dalhousie Law Journal

Using statistical data covering a ten year period, this study examines the issue of gender representation in admissions to first year law study at common law schools in Canada. After addressing three identifiable steps in the admission process-applications, offers and registration-the author concludes that while there has been progress and the gap has narrowed, the problem of gender inequality persists.


The Dynamics Of Democracy: Travel, Premature Predation, And The Components Of Political Identity, Nicholas S. Zeppos Mar 1997

The Dynamics Of Democracy: Travel, Premature Predation, And The Components Of Political Identity, Nicholas S. Zeppos

Vanderbilt Law Review

Democracy is indeed an elusive concept and any effort to develop the constituent elements of so important a political idea ought to be encouraged. From any number of perspectives it is clear that democracy must include more than simply ratifying the outcomes of either citizen or representative voting., And when a court is asked to set aside the results of a process some describe as democratic, the challenge to enrich the concept becomes even more pressing, particularly when the judicial power is invoked in the name of enhancing democracy. The Supreme Court's decision in Romer v. Evan dramatically poses ...


An Analysis Of The Supreme Court's Reliance On Racial "Stigma" As A Constitutional Concept In Affirmative Action Cases, Andrew F. Halaby, Stephen R. Mcallister Jan 1997

An Analysis Of The Supreme Court's Reliance On Racial "Stigma" As A Constitutional Concept In Affirmative Action Cases, Andrew F. Halaby, Stephen R. Mcallister

Michigan Journal of Race and Law

The Article's focus is confined to discussions of race-based affirmative action; it does not consider stigmatization arguments in the context of discrimination involving gender or disabilities, for example. Further, the Article's scope is limited to the stigmatization issue as between Whites and African Americans. Although similar issues exist with respect to other ethnic or racial groups, we view the White/African American paradigm as providing the clearest framework for analysis. Moreover, the cases of Plessy v. Ferguson and Brown v. Board of Education, joint progenitors of stigmatization as a concept having constitutional significance in interpreting the Equal Protection ...


Policing Hatred: Police Bias Units And The Construction Of Hate Crime, Jeannine Bell Jan 1997

Policing Hatred: Police Bias Units And The Construction Of Hate Crime, Jeannine Bell

Michigan Journal of Race and Law

Much of the scholarly debate about hate crime laws focuses on a discussion of their constitutionality under the First Amendment. Part of a larger empirical study of police methods of investigating hate crimes, this Note attempts to shift thinking in this area beyond the existing debate over the constitutionality of hate crime legislation to a discussion of how low-level criminal justice personnel, such as the police, enforce hate crime laws. This Note argues that, since hate crimes are an area in which police have great discretion in enforcing the law, their understanding of the First Amendment and how it relates ...


Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James M. Donovan Jan 1997

Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James M. Donovan

Michigan Journal of Gender & Law

According to the text of the Act, DOMA's purposes are "to define and protect the institution of marriage," where marriage is defined to exclude same-sex partners. To be constitutionally valid under the Establishment Clause, this notion that heterosexual marriages require "protection" from gay and lesbian persons must spring from a secular and not religious source. This Article posits that DOMA has crossed this forbidden line between the secular and the religious. DOMA, motivated and supported by fundamentalist Christian ideology, and lacking any genuine secular goals or justifications, betrays the Establishment Clause of the U.S. Constitution.


Environmental Inequity: Economic Causes, Economic Solutions, Thom Lambert, Christopher Boerner Jan 1997

Environmental Inequity: Economic Causes, Economic Solutions, Thom Lambert, Christopher Boerner

Faculty Publications

The article examines one such shortcoming: namely, that existing research fails to account for the dynamic nature of the housing market. Analyzing data from the St. Louis metropolitan area, this study finds that economic factors--not siting discrimination--are behind many claims of environmental racism. This phenomenon suggests the need to develop public policies that fit the economic nature of the problem. In particular, a policy that compensates individuals living near industrial sites is the key to securing environmental justice.


Minority Protection In Residential Private Governments, Stewart E. Sterk Jan 1997

Minority Protection In Residential Private Governments, Stewart E. Sterk

Articles

No abstract provided.


In Sisterhood, Lisa C. Ikemoto Jan 1997

In Sisterhood, Lisa C. Ikemoto

Michigan Journal of Race and Law

A review of Where Is Your Body? by Mari Matsuda


Deconstructing The Ideology Of White Aesthetics, John M. Kang Jan 1997

Deconstructing The Ideology Of White Aesthetics, John M. Kang

Michigan Journal of Race and Law

In this Article, the author provides a discussion on the dynamic between race and aesthetics. The author states that because Whites are the dominant group in America, they dictate what is beautiful. The consequence of this power dynamic is that the dominant group, Whites, can exercise preferences in deciding how to look or express themselves, whereas people of color are limited to either conforming to an imposed White standard or rejecting it. The author starts by laying out some of the features to what he terms the "ideology of White aesthetics." He then commences to examine how this ideology has ...


Product Differentiation Through Space And Time: Some Antitrust Policy Issues, Jonathan Baker Jan 1997

Product Differentiation Through Space And Time: Some Antitrust Policy Issues, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Fighting Anti-Gay Abuse In Schools: The Opening Appellate Brief Of Plaintiff Jamie Nabozny In Nabozny V. Podlesny, Patricia M. Logue, David S. Buckel Jan 1997

Fighting Anti-Gay Abuse In Schools: The Opening Appellate Brief Of Plaintiff Jamie Nabozny In Nabozny V. Podlesny, Patricia M. Logue, David S. Buckel

Michigan Journal of Gender & Law

In Nabozny v. Podlesny, 92 F.3d 446 (7th Cir. 1996), a case of first impression, the Seventh Circuit Court of Appeals recognized the constitutional right of a gay male public school student to equal protection from anti-gay harassment and assaults. The court held that Jamie Nabozny had stated equal protection claims against his school district and three school principals for gender and sexual orientation discrimination based on allegations that, because he is gay and a boy, defendants had failed to afford him the same kinds of protection given to other harassed students. At trial on remand a jury found ...


United States. V. Virginia New Gender Equal Protection Analysis With Ramifications For Pregnancy, Parenting And Title Vii, Candace Kovacic-Fleischer Jan 1997

United States. V. Virginia New Gender Equal Protection Analysis With Ramifications For Pregnancy, Parenting And Title Vii, Candace Kovacic-Fleischer

Articles in Law Reviews & Other Academic Journals

ABSTRACT: In this Article, Professor Kovacic-Fleischer argues that the Supreme Court's recent decision in United States v. Virginia raises gender equal protection analysis to the level of strict scrutiny. Professor Kovacic-Fleischer asserts that the Court's refusal to accept as immutable VMI's single-sex institutional design, and the Court's requirement that VMT make adjustments and alterations that will enable qualified women to undertake VM's curriculum evidences this shift in gender equal protection analysis. Professor Kovacic-Fleischer then turns to the significance of the Court's citation to California Federal Savings & Loan Association v. Guerra. She asserts that this ...


An Overview Of The Arkansas Civil Rights Act Of 1993, Theresa M. Beiner Jan 1997

An Overview Of The Arkansas Civil Rights Act Of 1993, Theresa M. Beiner

Faculty Scholarship

No abstract provided.


Race And Criminal Justice, Richard B. Collins Jan 1997

Race And Criminal Justice, Richard B. Collins

Articles

No abstract provided.


Discrimination Cases (The Supreme Court And Local Government Law: The 1995-1996 Term), Eileen Kaufman Jan 1997

Discrimination Cases (The Supreme Court And Local Government Law: The 1995-1996 Term), Eileen Kaufman

Scholarly Works

No abstract provided.


Immigration Laws As Instruments Of Discrimination: Legislation Designed To Limit Chinese Immigration Into The United Kingdom, Richard Klein Jan 1997

Immigration Laws As Instruments Of Discrimination: Legislation Designed To Limit Chinese Immigration Into The United Kingdom, Richard Klein

Scholarly Works

No abstract provided.


Discrimination Cases, Eileen Kaufman Jan 1997

Discrimination Cases, Eileen Kaufman

Touro Law Review

No abstract provided.


The Emerging Cronyism Defense And Affirmative Action: A Critical Perspective On The Distinction Between Colorblind And Race-Conscious Decision Making Under Title Vii, Ann C. Mcginley Jan 1997

The Emerging Cronyism Defense And Affirmative Action: A Critical Perspective On The Distinction Between Colorblind And Race-Conscious Decision Making Under Title Vii, Ann C. Mcginley

Scholarly Works

In Foster v. Dalton, the United States Supreme Court approved of the promotion of a less-qualified white male over a better-qualified black female under very suspicious circumstances; in Taxman v. Board of Education, the court invalidated the retention of an equally qualified black female over her white counterpart. The law justifies the disparate results in Foster and Taxman by invoking the principle of race and gender “neutrality” in the decision making process. Under this principle, the law generally prohibits employment determinations based consciously on a person's race or gender. An exception to the “neutrality principle” of Title VII is ...


Employment Law: Mckennon V. Nashville Banner Publishing Co. And After-Acquired Evidence--A Convincing Resolution To Employer/Employee Misconduct Or An Incomplete Assessment Of The Issue?, William D. Fisher Jan 1997

Employment Law: Mckennon V. Nashville Banner Publishing Co. And After-Acquired Evidence--A Convincing Resolution To Employer/Employee Misconduct Or An Incomplete Assessment Of The Issue?, William D. Fisher

Oklahoma Law Review

No abstract provided.


Honesty, Privacy, And Shame: When Gay People Talk About Other Gay People To Nongay People, David L. Chambers, Steven K. Homer Jan 1997

Honesty, Privacy, And Shame: When Gay People Talk About Other Gay People To Nongay People, David L. Chambers, Steven K. Homer

Michigan Journal of Gender & Law

There is a longstanding convention among lesbians and gay men in the United States: Do not reveal the sexuality of a gay person to a heterosexual person; unless you are certain that the gay person does not regard his sexuality as a secret. Lie if necessary to protect her secret. Violating the convention by "outing" another person is widely considered a serious social sin.


Employees: Show Us Your Paycheck, Dina Mastellone Jan 1997

Employees: Show Us Your Paycheck, Dina Mastellone

Touro Law Review

No abstract provided.


Employer Regulation Of Romantic Relationships: The Unsettled Law Of New York State, Alyce H. Rogers Jan 1997

Employer Regulation Of Romantic Relationships: The Unsettled Law Of New York State, Alyce H. Rogers

Touro Law Review

No abstract provided.