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Discrimination

2004

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Institution
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Articles 1 - 30 of 31

Full-Text Articles in Law

Comparing Remedies For School Desegregation And Employment Discrimination: Can Employees Now Help Schools?, Candace Saari Kovacic-Fleishcer Nov 2004

Comparing Remedies For School Desegregation And Employment Discrimination: Can Employees Now Help Schools?, Candace Saari Kovacic-Fleishcer

San Diego Law Review

This Article compares and contrasts the lack of success in desegregating the schools with the greater success in eliminating discrimination from the workplace and suggests that the workplace and schoolhouse can act together for the benefit of both. Part II theorizes that Brown might, in hindsight, have been more successfully implemented and demonstrates why what might have been done earlier probably would not work today. Part III compares the plight of students who have not been helped by Brown with the plight of working parents whose family demands have kept them from sharing fully in the promise of Title VII. …


Bilingualism And Equality: Title Vii Claims For Language Discrimination In The Workplace, James Leonard Oct 2004

Bilingualism And Equality: Title Vii Claims For Language Discrimination In The Workplace, James Leonard

University of Michigan Journal of Law Reform

Linguistic diversity is a fact of contemporary American life. Nearly one in five Americans speak a language other than English in the home, and influxes of immigrants have been a constant feature of American history. The multiplicity of languages in American society has touched nearly all aspects of American culture, and specifically has added new and important challenges to the American workplace. Chief among these new concerns are the growing number of legal claims centered around language discrimination in the workplace. The common vehicle for these claims has been Title VII, and there is considerable support in the academic literature …


Should Noncommercial Associations Have An Absolute Right To Discriminate?, Andrew Koppelman Oct 2004

Should Noncommercial Associations Have An Absolute Right To Discriminate?, Andrew Koppelman

Law and Contemporary Problems

An association is more likely to win immunity from an antidiscrimination law, the more clearly its message is a discriminatory one. Boy Scouts of America v. Dale is in some tension with this rule, but the opinion is so muddled that it establishes no new rule to displace the old one.


I Do' Kiss And Tell: The Subversive Potential Of Non-Normative Socialsexual Expression From Within Cultural Paradigms, Elaine Craig Oct 2004

I Do' Kiss And Tell: The Subversive Potential Of Non-Normative Socialsexual Expression From Within Cultural Paradigms, Elaine Craig

Dalhousie Law Journal

Using a comparative analysis of the equality movements of sexual minorities in Canada and India the author identifies a symbiosis between the subversive benefits of a deconstructionist approach to equality and the practical achievements to be gained by a rights-based model of social justice. The analysis is conducted through an examination of the role that the expression of same-sex desire plays in the legal and social positions of sexual minorities in Canada and India The author argues that the acquisition of rights can provide sexual minorities with greater access to dominant cultural rituals and that such access provides opportunities to …


How Racial Profiling And Other Unnecessary Post-9/11 Anti-Immigrant Measures Have Exacerbated Long-Standing Discrimination Against Latino Citizens And Immigrants, Katherine Culliton Sep 2004

How Racial Profiling And Other Unnecessary Post-9/11 Anti-Immigrant Measures Have Exacerbated Long-Standing Discrimination Against Latino Citizens And Immigrants, Katherine Culliton

University of the District of Columbia Law Review

Latinos are uniting with other immigrant communities and people of color in being extremely concerned about unnecessary post-9/11 actions that have led to civil liberties and civil rights violations.1 Although the Latino voting power has presumably increased, infringements of Latinos' and Latinas' civil rights appear to be on the rise. This is because many of the measures taken in the name of fighting terrorism have not been effective at finding terrorists, but have resulted in civil liberties and civil rights violations. Lessening of civil liberties and due process protections disproportionately affects Latino communities, who are less likely to have access …


Making Up Women: Casinos, Cosmetics, And Title Vii, David B. Cruz Sep 2004

Making Up Women: Casinos, Cosmetics, And Title Vii, David B. Cruz

Nevada Law Journal

No abstract provided.


The Permissibility Of Non-Remedial Justifications For Racial Preferences In Public Contracting, Michael K. Fridkin Jul 2004

The Permissibility Of Non-Remedial Justifications For Racial Preferences In Public Contracting, Michael K. Fridkin

Northern Illinois University Law Review

Under Richmond v. J.A. Croson, if a government agency has participated in the systemic exclusion of contractors on the basis of race, the agency has a compelling interest in remedying that discrimination by favoring contractors whose owners belong to the previously excluded race. This remedial defense of racial preferences is the standard notion of affirmative action in public contracting. Of great interest to the government institutions employing racial preferences, however, is whether any non-remedial objectives--separate and distinct from remedying discrimination--may be relied upon to justify the use racial classifications in public contracting and what goals in particular are compelling enough …


Community Service Component Of An Alternative Bar Exam, Eileen Kaufman Jun 2004

Community Service Component Of An Alternative Bar Exam, Eileen Kaufman

Georgia State University Law Review

No abstract provided.


In Defense Of The Psabe, And Other "Alternative" Thoughts, Kristin Glen Jun 2004

In Defense Of The Psabe, And Other "Alternative" Thoughts, Kristin Glen

Georgia State University Law Review

No abstract provided.


Sexual Orientation And The Paradox Of Heightened Scrutiny, Nan D. Hunter Jun 2004

Sexual Orientation And The Paradox Of Heightened Scrutiny, Nan D. Hunter

Michigan Law Review

In Lawrence v. Texas, the Supreme Court performed a double move, creating a dramatic discursive moment: it both decriminalized consensual homosexual relations between adults, and, simultaneously, authorized a new regime of heightened regulation of homosexuality. How that happened and what we can expect next are the subjects of this essay. The obvious point of departure for an analysis of Lawrence is its decriminalization of much sexual conduct. Justice Scalia began this project with his dire warning that "[s]tate laws against bigamy, samesex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity are . . . sustainable only in …


Foreword: Loving Lawrence, Pamela S. Karlan Jun 2004

Foreword: Loving Lawrence, Pamela S. Karlan

Michigan Law Review

Two interracial couples. Two cases. Two clauses. In Loving v. Virginia, the Supreme Court struck down a Virginia statute outlawing interracial marriage. In Lawrence v. Texas, the Court struck down a Texas statute outlawing sexual activity between same-sex individuals. Each case raised challenges under both the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment.


One Of These Things Is Not Like The Other: Analogizing Ageism To Racism In Employment Discrimination Cases, Rhonda M. Reaves May 2004

One Of These Things Is Not Like The Other: Analogizing Ageism To Racism In Employment Discrimination Cases, Rhonda M. Reaves

University of Richmond Law Review

No abstract provided.


Generalizing Disability, Michael Ashley Stein May 2004

Generalizing Disability, Michael Ashley Stein

Michigan Law Review

Published in 1949, Joseph Tussman and Jacobus tenBroek's article The Equal Protection of the Laws has exerted longstanding influence on subsequent Fourteenth Amendment scholarship. Insightfully, Tussman and tenBroek identified a paradox: although the very notion of equality jurisprudence is a "pledge of the protection of equal laws," laws themselves frequently classify individuals, and "the very idea of classification is that of inequality." Notably, classification raises two sometimes concurrent varieties of inequality: over-inclusiveness and under-inclusiveness. Of these, over-inclusiveness is a more egregious equal protection violation due to its ability to "reach out to the innocent bystander, the hapless victim of circumstance …


Intentional Job Discrimination-New Tools For Our Oldest Problem, Alfred W. Blumrosen, Ruth G. Blumrosen Apr 2004

Intentional Job Discrimination-New Tools For Our Oldest Problem, Alfred W. Blumrosen, Ruth G. Blumrosen

University of Michigan Journal of Law Reform

The roots of employment discrimination lie deep in our history. By the 18th century, race slavery was the underpinning of wealth in the southern colonies. Black slaves were considered property - subhumans who had no rights in themselves or their offspring. In 1765, the British imposed "stamp taxes" on the colonies; the colonies resisted. In 1766, Parliament claimed the power to govern the colonies in all matters, but by 1770 it had repealed almost all the taxes that offended the colonists. "Business as usual" returned to the relations between the colonies and Britain.


Same-Sex Partners And Family Class Immigration: Still Not Equal With Opposite-Sex Partners, Donald G. Caswell Apr 2004

Same-Sex Partners And Family Class Immigration: Still Not Equal With Opposite-Sex Partners, Donald G. Caswell

Dalhousie Law Journal

The Immigration and Refugee Protection Act, which came into force in 2002, and the Regulations under it, expanded family class immigration to include commonlaw partners and conjugal partners in addition to spouses A common-law partner or a conjugal partner may be either an opposite-sex or same-sex partner-as can a spouse, depending upon the currently evolving law with respect to samesex marriage. Under the former Immigration Act, same-sex partners had been admitted pursuant to the discretion to admit immigrants on the basis of compassionate or humanitarian considerations. After examining the admission of same-sex partners under both the former and the current …


Panel Ii: Thirty Years Of Title Ix, Linda Wharton, Lawrence Joseph, Donna Lopiano, Alison Marshall Mar 2004

Panel Ii: Thirty Years Of Title Ix, Linda Wharton, Lawrence Joseph, Donna Lopiano, Alison Marshall

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


One Nation, Individisible: The Use Of Diversity Report Cards To Promote Transparency, Accountability, And Workplace Fairness, Cyrus Mehri, Andrea Giampetro-Meyer, Michael B. Runnels Jan 2004

One Nation, Individisible: The Use Of Diversity Report Cards To Promote Transparency, Accountability, And Workplace Fairness, Cyrus Mehri, Andrea Giampetro-Meyer, Michael B. Runnels

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Plight Of "Nappy-Headed" Indians: The Role Of Tribal Sovereignty In The Systematic Discrimination Against Black Freedmen By The Federal Government And Native American Tribes, Terrion L. Williamson Jan 2004

The Plight Of "Nappy-Headed" Indians: The Role Of Tribal Sovereignty In The Systematic Discrimination Against Black Freedmen By The Federal Government And Native American Tribes, Terrion L. Williamson

Michigan Journal of Race and Law

This Note concerns the role the government has played in the exclusion of Black Freedmen from Native American nations through its implementation and interpretation of the doctrine of tribal sovereign immunity ("tribal sovereignty" or "tribal immunity"). Part I discusses the background of the Freedmen within the Five Civilized Tribes and provides an overview of the doctrine of tribal sovereign immunity, including its role in the controversy concerning the status of Black Indians. Part II discusses the interpretations given to the doctrine of tribal sovereign immunity by United States courts and executive agencies and the effects of those interpretations on relations …


Judicial Correctness Meets Constitutional Correctness: Section 2c Of The Code Of Judicial Conduct, Andrew L. Kaufman Jan 2004

Judicial Correctness Meets Constitutional Correctness: Section 2c Of The Code Of Judicial Conduct, Andrew L. Kaufman

Hofstra Law Review

No abstract provided.


Fair And Facially Neutral Higher Educational Admissions Through Disparate Impact Analysis, Michael G. Perez Jan 2004

Fair And Facially Neutral Higher Educational Admissions Through Disparate Impact Analysis, Michael G. Perez

Michigan Journal of Race and Law

Part I of this Note proposes both remedial and instrumental justifications for applying disparate impact scrutiny to admissions policies. This Part argues that disparate impact analysis should be applied to higher education as a remedy for the disadvantage minority applicants face as a result of historic and ongoing intentional discrimination and that schools are culpable for unnecessarily utilizing admissions criteria that have this discriminatory effect. The result of applying disparate impact analysis will be admissions policies that produce diverse student bodies while remaining facially neutral with regard to race. Part II proposes that a necessity standard, unique to the higher …


Splitting Hairs: Why Courts Uphold Prison Grooming Policies And Why They Should Not, Mara R. Schneider Jan 2004

Splitting Hairs: Why Courts Uphold Prison Grooming Policies And Why They Should Not, Mara R. Schneider

Michigan Journal of Race and Law

Part I of this Note describes the substance of prison grooming policies and provides a sampling of cases that have challenged these policies under the Equal Protection and Free Exercise Clauses. Part II explores three theories of discrimination that describe certain types of discriminatory conduct that could be prohibited by the Equal Protection and Free Exercise Clauses. These theories inform the definition of "equal protection of the laws" and impact the analysis of equal protection challenges to prison grooming policies. Part III explores the "religious exemptions" doctrine and explains how courts have interpreted the protections offered to religious groups by …


Challenging The Bounds Of Education Litigation: Castaneda V. Regents And Daniel V. California, Alan E. Schoenfeld Jan 2004

Challenging The Bounds Of Education Litigation: Castaneda V. Regents And Daniel V. California, Alan E. Schoenfeld

Michigan Journal of Race and Law

This Note argues that by combining the normative suasion of educational finance litigation with the political imperatives manifested in affirmative action law and practice, those who seek to improve the quality of secondary education and expand access to higher education would likely effect greater change than they would working independently. Under the appropriate political and legal circumstances, access to public higher education ought to be treated as something akin to a fundamental right, the unequal distribution of which constitutes a violation of equal protection for students of color and for economically disadvantaged students. Using the Castaneda and Daniel lawsuits to …


Reinstatement Claims Under The Family And Medical Leave Act Of 1993: Leaving Behind The Inter-Circuit Chaos And Instating A Suitable Proof Structure, Amy Stutzke Jan 2004

Reinstatement Claims Under The Family And Medical Leave Act Of 1993: Leaving Behind The Inter-Circuit Chaos And Instating A Suitable Proof Structure, Amy Stutzke

NYLS Law Review

No abstract provided.


A Duty To Make Reasonable Efforts And A Defense Of The Disparate Impact Doctrine In Employment Discrimination Law, Laya Sleiman Jan 2004

A Duty To Make Reasonable Efforts And A Defense Of The Disparate Impact Doctrine In Employment Discrimination Law, Laya Sleiman

Fordham Law Review

No abstract provided.


The Need For Parity In Health Insurance Benefits For The Mentally And Physically Disabled: Questioning Inconsistency Between Two Leading Anti-Discrimination Laws, Sarah Ritz Jan 2004

The Need For Parity In Health Insurance Benefits For The Mentally And Physically Disabled: Questioning Inconsistency Between Two Leading Anti-Discrimination Laws, Sarah Ritz

Journal of Law and Health

Discriminatory practices by the insurance industry, such as benefit limits (caps) on mental health services coverage, or complete lack of mental health care coverage fuel the disparate treatment of those with mental disabilities. These discriminatory practices have been the subject of much debate, and cases challenging those principles have not fared well in the court system. These insurance practices, which single out persons with mental illness and provide them with little or no benefits for mental health care, violate the terms of the Americans with Disabilities Act ("ADA"), and are inconsistent with other laws that seek to remedy discrimination against …


Employment Law: Desert Palace, Inc. V. Costa: Returning To Title Vii's Core Principles By Eliminating The Direct Evidence Requirement In Mixed-Motive Cases, Daniel P. Johnson Jan 2004

Employment Law: Desert Palace, Inc. V. Costa: Returning To Title Vii's Core Principles By Eliminating The Direct Evidence Requirement In Mixed-Motive Cases, Daniel P. Johnson

Oklahoma Law Review

No abstract provided.


Sandra Day O'Connor's Position On Discrimination, Stephen E. Gottlieb Jan 2004

Sandra Day O'Connor's Position On Discrimination, Stephen E. Gottlieb

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


The Debate Over The Denial Of Marriage Rights And Benefits To Same-Sex Couples And Their Children, Liz Seaton Jan 2004

The Debate Over The Denial Of Marriage Rights And Benefits To Same-Sex Couples And Their Children, Liz Seaton

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Aboilishing The Texas Jury Shuffle., Michael M. Gallgher Jan 2004

Aboilishing The Texas Jury Shuffle., Michael M. Gallgher

St. Mary's Law Journal

This Article argues that the Texas Legislature should abolish the jury shuffle and join the other forty-nine states who have already done so. The jury shuffle, when requested, is a procedure which results in a random shuffling of the names of the jury pool members. Texas attorneys currently possess an entirely cost and risk free procedure through which they can discriminate against potential jurors on the basis of race, gender, ethnicity, or anything else that suits their fancy. An attorney can request a jury shuffle without stating a reason and a judge cannot ask why a shuffle was requested or …


The Conception Of Brown, Robert L. Carter Jan 2004

The Conception Of Brown, Robert L. Carter

Fordham Urban Law Journal

This Article discusses the pervasive racism that continues to exist in the United States and examines the critical role that the Supreme Court case Brown v. Board of Education played in transforming race relations. The Article stresses the need to find a way to rid the country of race and color differentiation and emphasizes the deleterious effect that segregated school systems have on black school childrens ability to learn. The Article examines how Brown came about and states that the Court's rejection of Plessy v. Ferguson is what makes the case so significant. The Article discusses some of the important …