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Articles 2281 - 2310 of 2513
Full-Text Articles in Law
Sending Notice To Potential Plaintiffs In Class Actions Under The Age Discrimination In Employment Act: The Trial Court's Role, David Jon Wolfsohn
Sending Notice To Potential Plaintiffs In Class Actions Under The Age Discrimination In Employment Act: The Trial Court's Role, David Jon Wolfsohn
Fordham Law Review
No abstract provided.
The Nucleus Of A Public Health Strategy To Combat Aids, Lawrence O. Gostin
The Nucleus Of A Public Health Strategy To Combat Aids, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
Since acquired immune deficiency syndrome (AIDS) was first identified in I98I, its rate of spread among a primarily young and vibrant population has chilled the medical and lay communities. Today, the public response is sober and oriented toward the examination of specific policies that could lessen the impact of the disease. After six years' experience it is now feasible to propose a strategy for combating AIDS. Consensus around the policies outlined in this article should form the nucleus of the public health strategy to combat AIDS before the intervention of an effective vaccine or treatment.
Evaluation Of Subjective Selection Systems In Title Vii Employment Discrimination Cases: A Misuse Of Disparate Impact Analysis, Stacey B. Babson
Evaluation Of Subjective Selection Systems In Title Vii Employment Discrimination Cases: A Misuse Of Disparate Impact Analysis, Stacey B. Babson
Cardozo Law Review
No abstract provided.
Thornburg V. Gingles, Lewis F. Powell Jr.
Thornburg V. Gingles, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Class-Based Animus Requirement Of 42 U.S.C. § 1985(3): A Limiting Strategy Gone Awry?, Devin S. Schindler
The Class-Based Animus Requirement Of 42 U.S.C. § 1985(3): A Limiting Strategy Gone Awry?, Devin S. Schindler
Michigan Law Review
This Note focuses on Scott's impact on attempts to determine what groups fall within the statute. Part I examines the various class-based animus formulas generated by the circuits since Griffin and the potential impact of Scott on these formulas. Part II argues that the key to understanding the scope of the class-based animus requirement lies in traditional fourteenth amendment equal protection analysis.
Exclusion Of Families With Children From Housing, George Palmer Schober
Exclusion Of Families With Children From Housing, George Palmer Schober
University of Michigan Journal of Law Reform
This Note attempts to resolve the most significant problems raised by discrimination against children in housing. Part I briefly analyzes the prevalence of child exclusion in different types of housing. It also provides a statistical analysis of the rental housing market to enable the reader to gauge the extent of the problem in one type of housing. Part II discusses policy arguments supporting both those who seek to exclude children and those who advocate government policies forbidding exclusion. Part III then examines the various approaches that states have adopted in this area, as well as federal implications of the issue. …
The Voting Rights Amendment Act Of 2014: A Constitutional Response To Shelby County, Gilda R. Daniels, William Yeomans, Nicholas Stephanopoulos, Gabriel J. Chin, Samuel Bagenstos
The Voting Rights Amendment Act Of 2014: A Constitutional Response To Shelby County, Gilda R. Daniels, William Yeomans, Nicholas Stephanopoulos, Gabriel J. Chin, Samuel Bagenstos
All Faculty Scholarship
This Issue Brief from the American Constitution Society for Law and Policy begins by explaining the Voting Rights Act, Shelby County v. Holder, and the Voting Rights Amendment Act of 2014 (VRAA). The remaining sections then explain the four specific ways the VRAA attempted to counter the holding from the Shelby County decision.
Dimensions Of Tolerance: What Americans Believe About Civil Liberties, Michigan Law Review
Dimensions Of Tolerance: What Americans Believe About Civil Liberties, Michigan Law Review
Michigan Law Review
A Review of Dimensions of Tolerance: What Americans Believe About Civil Liberties by Herbert McClosky and Alida Brill
Fair Employement Of The Handicapped In Texas., Bennett L. Stahl
Fair Employement Of The Handicapped In Texas., Bennett L. Stahl
St. Mary's Law Journal
The Commission on Human Rights Act may help prevent discrimination against handicapped individuals and ensure they have adequate employment opportunities in Texas. Employment discrimination against handicapped individuals often happens because of unfair job qualifications, or fair qualifications they would be able to meet if employers made reasonable accommodations. Establishing legal mechanisms to ensure fair opportunity for handicapped citizens to obtain employment is a comparatively new goal of American jurisprudence. The Federal Rehabilitation Act in 1973 made significant progress in fair employment practices. Texas made more progress by establishing the Commission on Human Rights Act, which creates a commission in charge …
Safeguarding Due Process In A Hostile Environment: Foreign Lawyers In South Africa, David S. Abramowitz
Safeguarding Due Process In A Hostile Environment: Foreign Lawyers In South Africa, David S. Abramowitz
Michigan Journal of International Law
Part I of this note briefly describes the effect of apartheid on human rights in South Africa. It then examines how liberal South African attorneys use procedural due process, as defined by the rule of law, to counter these effects. Part II discusses the methods used by foreign attorneys to support South African human rights lawyers. In particular, this section focuses on the activities of the International Commission of Jurists and the Lawyers' Committee for Civil Rights Under Law. The note concludes that infusing fair process into the South African legal order is the most significant contribution foreign lawyers can …
Reconciling The Goals Of Federalism With The Policy Of Title Vii: Subject Matter Jurisdiction In Judicial Enforcement Of Eeoc Conciliation Agreements, Charles R. Calleros
Reconciling The Goals Of Federalism With The Policy Of Title Vii: Subject Matter Jurisdiction In Judicial Enforcement Of Eeoc Conciliation Agreements, Charles R. Calleros
Hofstra Law Review
No abstract provided.
Black Innocence And The White Jury, Sheri Lynn Johnson
Black Innocence And The White Jury, Sheri Lynn Johnson
Michigan Law Review
Racial prejudice has come under increasingly close scrutiny during the past thirty years, yet its influence on the decisionmaking of criminal juries remains largely hidden from judicial and critical examination. In this Article, Professor Johnson takes a close look at this neglected area. She first sets forth a large body of social science research that reveals a widespread tendency among whites to convict black defendants in instances in which white defendants would be acquitted. Next, she argues that none of the existing techniques for eliminating the influence of racial bias on criminal trials adequately protects minority-race defendants. She contends that …
Book Review, Frank S. Bloch
Book Review, Frank S. Bloch
Vanderbilt Journal of Transnational Law
Competing Equalities is a book that can be read and appreciated at several different levels, as well as for several different purposes, and which demonstrates both the richness of the subject--laws affording preferential treatment to backward classes in India--and the depth of the author's understanding of the material. At the heart of this very impressive book, Professor Galanter examines India's constitutional policy of affirmative action for selected backward classes of citizens, or "compensatory discrimination"--its historical and constitutional origins; its implementation, with particular emphasis on the role of courts in establishing a doctrinal framework for this policy; and its value to …
Sex-Based Wage Discrimination And The Comparable Worth Doctrine, Claire M. Treanor
Sex-Based Wage Discrimination And The Comparable Worth Doctrine, Claire M. Treanor
University of Baltimore Law Forum
No abstract provided.
The Liability Of Third Parties Under Title Vii, Andrew O. Schiff
The Liability Of Third Parties Under Title Vii, Andrew O. Schiff
University of Michigan Journal of Law Reform
This Note considers the extent to which Title VII covers discrimination by third parties other than employment agencies and labor organizations. Part I analyzes the rationale for covering third parties, discussing Title VIl's language and the policies that Congress intended it to serve. Part II proposes a framework for analyzing the liability of third parties. Part III applies this framework to three instances where courts have disagreed about the liability of a particular third party: insurance companies' administration of employee benefits, state licensing agencies' licensing of individuals for various occupations, and hospitals' granting of staff privileges to doctors.
Yankees Out Of North America: Foreign Employer Job Discrimination Against American Citizens, Michigan Law Review
Yankees Out Of North America: Foreign Employer Job Discrimination Against American Citizens, Michigan Law Review
Michigan Law Review
This Note explores Title VII's relationship to the hiring practices of foreign employers. It focuses on Japanese employers, who might face the toughest Title VII challenge to a business and cultural familiarity or citizenship requirement. Part I sets out arguments for and against finding intentional discrimination - disparate treatment - in either of these hiring requirements. It suggests that a court should refuse to find national origin discrimination when the employer imposes a business and cultural familiarity requirement. However, when an applicant is denied employment solely on the basis of citizenship, a strong argument may be made that the …
The 1982 Amendments To The Voting Rights Act: A Statutory Analysis Of The Revised Bailout Provisions, Richard A. Williamson
The 1982 Amendments To The Voting Rights Act: A Statutory Analysis Of The Revised Bailout Provisions, Richard A. Williamson
Faculty Publications
No abstract provided.
Equality And Discrimination Under International Law, Michigan Law Review
Equality And Discrimination Under International Law, Michigan Law Review
Michigan Law Review
A Review of Equality and Discrimination Under International Law by Warwick McKean
Justice At War: The Story Of The Japanese American Internment Cases, Michigan Law Review
Justice At War: The Story Of The Japanese American Internment Cases, Michigan Law Review
Michigan Law Review
A Review of Justice at War: The Story of the Japanese American Internment Cases by Peter Irons
Standing And Adverseness In Challenges Of Tax Exemptions For Discriminatory Private Schools, Thomas Mccoy, Neal Devins
Standing And Adverseness In Challenges Of Tax Exemptions For Discriminatory Private Schools, Thomas Mccoy, Neal Devins
Fordham Law Review
No abstract provided.
The Role Of Unions In The 1980s, Symposium, Women In The Workplace: Comparable Worth, Judith P. Vladeck
The Role Of Unions In The 1980s, Symposium, Women In The Workplace: Comparable Worth, Judith P. Vladeck
Fordham Law Review
No abstract provided.
Did The Stotts Decision Really Spell The End Of Race-Conscious Affirmative Action?, William L. Robinson, Stephen L. Spitz
Did The Stotts Decision Really Spell The End Of Race-Conscious Affirmative Action?, William L. Robinson, Stephen L. Spitz
NYLS Journal of Human Rights
No abstract provided.
Discrimination Bans Demonstrate Approaching Maturity Of Employment Law, Theodore J. St. Antoine
Discrimination Bans Demonstrate Approaching Maturity Of Employment Law, Theodore J. St. Antoine
Articles
The pervasive message of this symposium sponsored by the Labor Relations Law Section, whether or not intended by the individual authors, is that American employment law is moving beyond adolescence and may be approaching maturity.
The Role Of Unions In The 1980s, Symposium, Women In The Workplace: Comparable Worth, Judith P. Vladeck
The Role Of Unions In The 1980s, Symposium, Women In The Workplace: Comparable Worth, Judith P. Vladeck
Fordham Law Review
No abstract provided.
Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt
Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt
Law Faculty Scholarly Articles
Since the adoption of Title VII of the Civil Rights Act of 1964, courts have been called upon to determine whether an employer can avoid liability for refusing to hire employees of one sex by invoking the privacy rights of its customers. Two recent court decisions are illustrative of the question and its resolution. In Backus v. Baptist Medical Center, the defendant employer's policy of excluding male nurses from the labor and delivery section of its obstetrics and gynecology department was challenged. The defendant established that most of the duties of a labor and delivery nurse involve exposure to …
The Propriety Of Denying Entry To Homosexual Aliens: Examining The Public Health Service's Authority Over Medical Exclusions, Robert Poznanski
The Propriety Of Denying Entry To Homosexual Aliens: Examining The Public Health Service's Authority Over Medical Exclusions, Robert Poznanski
University of Michigan Journal of Law Reform
This Note defends the position that the PHS has the authority to define homosexuality for the purpose of the section 212(a)(4) exclusion, and that the PHS definition is binding upon the INS. Therefore, the PHS's decision to refuse to examine aliens for homosexuality precludes the INS from excluding aliens on that basis. Part I of this Note traces the history of the policy of excluding homosexual aliens. Part II maintains that, regardless of the psychiatric profession's interpretation of ''psychopathic personality,'' Congress intended the expression to encompass homosexuality. Part III contends that Congress intended to empower the PHS to change its …
Discriminatory Discharge In A Sports Context: A Reassessment Of The Burden Of Proof And Remedies Under The National Labor Relations Act, Jeffrey Goore
Discriminatory Discharge In A Sports Context: A Reassessment Of The Burden Of Proof And Remedies Under The National Labor Relations Act, Jeffrey Goore
Fordham Law Review
No abstract provided.
Attorney's Fees In Title Vii Actions: Applying The Christiansburg Standard For Awards Against The Eeoc, Susan Jameson
Attorney's Fees In Title Vii Actions: Applying The Christiansburg Standard For Awards Against The Eeoc, Susan Jameson
Cardozo Law Review
No abstract provided.
Employment Discrimination—The Bottom Line Defense In Disparate Impact Cases, Robert S. Tschiemer
Employment Discrimination—The Bottom Line Defense In Disparate Impact Cases, Robert S. Tschiemer
University of Arkansas at Little Rock Law Review
No abstract provided.
Employee Selection Base On Susceptibility To Occupational Illness, Mark A. Rothstein
Employee Selection Base On Susceptibility To Occupational Illness, Mark A. Rothstein
Michigan Law Review
This Article attempts to compile the latest information available concerning this difficult problem. Part I reviews the scientific literature, explaining the biological basis of increased risk of occupational disease. Part II explores the efforts of various employers to incorporate this research into their personnel practices. Part III surveys the legal response to these practices. Employees may challenge medical screening on a variety of theories, most of which were not designed to deal with the problem of susceptibility to occupational disease. Not surprisingly, none of the approaches offers an entirely satisfactory response to the problem. This Article offers no clear answers. …