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Sex discrimination

Duke Law

Duke Law Journal

Articles 1 - 12 of 12

Full-Text Articles in Law

Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone Dec 2006

Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone

Duke Law Journal

Following Title VII's enactment, group-based employment discrimination actions flourished due to disparate impact theory and the class action device. Courts recognized that subordination that defined a group's social identity was also sufficient legally to bind members together, even when relief had to be issued individually. Woven through these cases was a notion of panethnicity that united inherently unrelated groups into a common identity, for example, Asian Americans. Stringent judicial interpretation subsequently eroded both legal frameworks and it has become increasingly difficult to assert collective employment actions, even against discriminatory practices affecting an entire group. This deconstruction has immensely disadvantaged persons …


Moving Past Hippies And Harassment: A Historical Approach To Sex, Appearance, And The Workplace, Erica Williamson Nov 2006

Moving Past Hippies And Harassment: A Historical Approach To Sex, Appearance, And The Workplace, Erica Williamson

Duke Law Journal

No abstract provided.


Polygamy As A Red Herring In The Same-Sex Marriage Debate, Ruth K. Khalsa Apr 2005

Polygamy As A Red Herring In The Same-Sex Marriage Debate, Ruth K. Khalsa

Duke Law Journal

No abstract provided.


Following The Law, Not The Crowd: The Constitutionality Of Nontraditional High School Athletic Seasons, Courtney E. Schafer Oct 2003

Following The Law, Not The Crowd: The Constitutionality Of Nontraditional High School Athletic Seasons, Courtney E. Schafer

Duke Law Journal

No abstract provided.


A Lesson In English And Gender: Title Ix And The Male Student-Athlete, Sarah E. Gohl Feb 2001

A Lesson In English And Gender: Title Ix And The Male Student-Athlete, Sarah E. Gohl

Duke Law Journal

No abstract provided.


Obscuring The Importance Of Race: The Implication Of Making Comparisons Between Racism And Sexism (Or Other-Isms), Trina Grillo, Stephanie M. Wildman Apr 1991

Obscuring The Importance Of Race: The Implication Of Making Comparisons Between Racism And Sexism (Or Other-Isms), Trina Grillo, Stephanie M. Wildman

Duke Law Journal

No abstract provided.


Dissolving The Sameness/Difference Debate: A Post-Modern Path Beyond Essentialism In Feminist And Critical Race Theory, Joan C. Williams Apr 1991

Dissolving The Sameness/Difference Debate: A Post-Modern Path Beyond Essentialism In Feminist And Critical Race Theory, Joan C. Williams

Duke Law Journal

No abstract provided.


Occupational Inequality, Deborah L. Rhode Dec 1988

Occupational Inequality, Deborah L. Rhode

Duke Law Journal

No abstract provided.


Sex Discrimination In The Supreme Court—A Comment On Sex Equality, Sex Differences, And The Supreme Court, Earl M. Maltz Feb 1985

Sex Discrimination In The Supreme Court—A Comment On Sex Equality, Sex Differences, And The Supreme Court, Earl M. Maltz

Duke Law Journal

No abstract provided.


Woman’S Constitution, Kenneth L. Karst Jun 1984

Woman’S Constitution, Kenneth L. Karst

Duke Law Journal

The idea of woman is a social construct. Professor Karst begins by considering some of the sources of that construct, and how American law has both reflected and reinforced it. Next, he discusses the role of constitutional law in the modern reconstruction of "woman's place," and examines the limitations of that transformation. Finally, recognizing that women as a group do tend to perceive social relations and approach moral issues in distinctive ways, Professor Karst speculates on the possible consequences of a reconstruction of our constitutional law to include an important measure of that distinctive morality and worldview.


Dependents’ Pregnancy-Related Medical Benefits And The Pregnancy Discrimination Act, Gusti W. Frankel Feb 1983

Dependents’ Pregnancy-Related Medical Benefits And The Pregnancy Discrimination Act, Gusti W. Frankel

Duke Law Journal

No abstract provided.


Title Ix Does Not Apply To Faculty Employment, Bernard H. Friedman Jun 1981

Title Ix Does Not Apply To Faculty Employment, Bernard H. Friedman

Duke Law Journal

No abstract provided.