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Full-Text Articles in Law
Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone
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
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
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
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
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
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
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
Sex Discrimination In The Supreme Court—A Comment On Sex Equality, Sex Differences, And The Supreme Court, Earl M. Maltz
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
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
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
Title Ix Does Not Apply To Faculty Employment, Bernard H. Friedman
Duke Law Journal
No abstract provided.