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Full-Text Articles in Law
The Phoenix From The Ash: Proving Discrimination By Comparators, Charles A. Sullivan
The Phoenix From The Ash: Proving Discrimination By Comparators, Charles A. Sullivan
Charles A. Sullivan
Hidden beneath judicial and scholarly obsession with formal proof structures for individual disparate treatment cases is a simpler, more direct method of establishing discrimination. Taking the “disparate treatment” label seriously, I argue that “comparator” proof requires merely that the plaintiff identify a similarly situated person of another race or the opposite sex who was treated more favorably than plaintiff. Such proof is increasingly driving litigation in the lower courts, which suggests that comparators should be moved to center stage in the antidiscrimination project However, like other efforts, the comparator approach risks falling victim to the general hostility of the courts …
Ensuring Enforceability & Fairness In The Arbitration Of Employment Disputes, Stacy A. Hickox
Ensuring Enforceability & Fairness In The Arbitration Of Employment Disputes, Stacy A. Hickox
Stacy A. Hickox
Private arbitration of employment law claims has become common in recent years. The Supreme Court has shown a strong preference for requiring that an employee pursue an employment claim through an arbitration program rather than seeking to enforce his or her rights in court. At the same time, legislation has been introduced to try to protect the rights of employees who, without an arbitration program in place, would have the opportunity to assert their statutory rights in court. This article explores what safeguards should be in place to assure that employers can rely on the enforceability of an arbitration program …
Restricting Access To Infertility Services: What Is A Justified Limitation On Reproductive Freedom, Crystal K. Liu
Restricting Access To Infertility Services: What Is A Justified Limitation On Reproductive Freedom, Crystal K. Liu
Crystal K Liu
The realm of reproductive freedoms has been one that has been heavily restricted in the history of our country. For purposes of this particular article, reproductive freedom refers not only to the ability to procreate but to the ability to be a parent as well. Throughout the history of the United States, these limitations have been epitomized in a variety of forms. These include state sponsored sterilization during the eugenics movement, child protection laws, as well as adoption laws. By exploring limitations that have been enacted, some of which have been repealed and others that continue to be in place, …