Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
Can Effective Apology Emerge Through Litigation?, Alphonse A. Gerhardstein
Can Effective Apology Emerge Through Litigation?, Alphonse A. Gerhardstein
Law and Contemporary Problems
Gerhardstein provides a number of examples in which the factors identified by Roger Conner and Patricia Jordan--ripeness, a window of opportunity, and a symbolic act or gesture--came together to facilitate apology by a public leader. But he doesn't think that the window of opportunity needs to be exogenously determined. Rather, advocates can, through litigation and settlement demands, create that window. He believes that apology by public officials can do more to promote healthy civic society than can mere monetary settlement.
Testing The Limits Of Antidiscrimination Law: The Business, Legal, And Ethical Ramifications Of Cultural Profiling At Work, Laura Morgan Roberts, Darryl D. Roberts
Testing The Limits Of Antidiscrimination Law: The Business, Legal, And Ethical Ramifications Of Cultural Profiling At Work, Laura Morgan Roberts, Darryl D. Roberts
Duke Journal of Gender Law & Policy
While courts have rarely ruled in favor of plaintiffs bringing discrimination claims based on identity performance, legal scholars have argued that discrimination on the basis of certain cultural displays should be prohibited because it creates a work environment that is "heavily charged" with ethnic and racial discrimination. Drawing upon empirical studies of diversity management, stereotyping, and group dynamics, we describe how workplace cultural profiling often creates an unproductive atmosphere of heightened scrutiny and identity performance constraints that lead workers (especially those from marginalized groups) to behave in less authentic, less innovative ways in diverse organizational settings.
Play It Again, Uncle Sam, A. Wallace Tashima
Play It Again, Uncle Sam, A. Wallace Tashima
Law and Contemporary Problems
Tashima, currently a federal judge, relates his experience in a Japanese American internment camp at Poston AZ during WWII. The unjust internment was in part a failure of the federal courts to protect the constitutional rights of American citizens.
Korematsu: A Mélange Of Military Imperatives, Eugene Gressman
Korematsu: A Mélange Of Military Imperatives, Eugene Gressman
Law and Contemporary Problems
No abstract provided.
From The Ne’Er-Do-Well To The Criminal History Category: The Refinement Of The Actuarial Model In Criminal Law, Bernard E. Harcourt
From The Ne’Er-Do-Well To The Criminal History Category: The Refinement Of The Actuarial Model In Criminal Law, Bernard E. Harcourt
Law and Contemporary Problems
Harcourt discusses three developments in 20th century criminal law: the evolution of parole board decision-making in the early 20th century, the development of fixed sentencing guidelines in the late 20th century, and the growth of criminal profiling as a formal law enforcement tool since the 1960s. In each of these case studies, he focuses on the criminal law decision-making.