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Full-Text Articles in Law
Proving Discrimination By The Text, Deborah Widiss
Proving Discrimination By The Text, Deborah Widiss
Articles by Maurer Faculty
Employment discrimination laws make the “simple but momentous” declaration that it is illegal to deny employment on the basis of race, sex, religion, or other key aspects of identity. But when employees who have been treated unfairly turn to the courts for relief, courts rarely assess whether their claims meet the statutory standard. Instead, they funnel the evidence through a convoluted body of judge-made law known as McDonnell Douglas burden shifting.
This Article lays bare fundamental inconsistencies between the statutes’ causal language, as definitively interpreted by the Supreme Court in recent cases, and the burden-shifting process. In Bostock v. Clayton …
Immunity From Suit For International Organizations: The Judiciary's New Que Of Separating Lawsuit Sheep From Lawsuit Goats, Ylli Dautaj
Indiana Journal of Global Legal Studies
I. Introduction
II. Immunity from Suit in Public International Law
(A) Sovereign Immunity
(i) Sources of Sovereign Immunity
(ii) Legal Theory on Sovereign Immunity
(iii) Doctrinal Evolution of Sovereign Immunity
(B) Jurisdictional Immunity for International Organizations
(C) Sovereign Immunity and Immunity for International Organizations
Domestically
III. Jam v. Int'l Finance Corporation:
A New Dawn for International Organizations in the United States
(A) Jam v. Int'l Finance Corporation: Majority View
(B) Jam v. Int'l Finance Corporation: Dissenting Opinion by Justice Breyer
IV. The Exception that Proves but does not Swallow the rule on Virtually
Absolute Immunity: Criticism of the Majority in …
Eliminating Circuit-Split Disparities In Federal Sentencing Under The Post-Booker Guidelines, Elliot Edwards
Eliminating Circuit-Split Disparities In Federal Sentencing Under The Post-Booker Guidelines, Elliot Edwards
Indiana Law Journal
This Note will explore the rarely discussed consequences that result when courts of appeals freely interpret the Sentencing Guidelines. This Note will not address appellate review of sentences in general, nor will it discuss disparities caused by trial courts. Instead, the discussion below will address a very specific situation, namely when a court of appeals vacates a sentence because, in its estimation, the trial court misapplied the Guidelines. Part I will relate the history of the recent sentencing re-form movement in America, noting particularly which bodies have the authority to decide sentencing policy. Part II will then analyze the interpretive …
Law-Making Responsibility And Statutory Interpretation, William D. Popkin
Law-Making Responsibility And Statutory Interpretation, William D. Popkin
Indiana Law Journal
No abstract provided.