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- Institution
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- Touro University Jacob D. Fuchsberg Law Center (8)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (8)
- University of Georgia School of Law (6)
- Selected Works (3)
- University of Cincinnati College of Law (3)
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- Chicago-Kent College of Law (2)
- University of Pittsburgh School of Law (2)
- Cleveland State University (1)
- Florida International University College of Law (1)
- Marquette University Law School (1)
- Notre Dame Law School (1)
- SelectedWorks (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Michigan Law School (1)
- Vanderbilt University Law School (1)
- Western New England University School of Law (1)
- Publication
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- Nevada Law Journal (8)
- Touro Law Review (8)
- Georgia Journal of International & Comparative Law (6)
- Articles (3)
- Faculty Articles and Other Publications (3)
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- Chicago-Kent Law Review (2)
- Faculty Publications (1)
- Faculty Scholarship (1)
- Justin A. Behravesh (1)
- Law Faculty Articles and Essays (1)
- Maria L. Ontiveros (1)
- Marquette Law Review (1)
- Maryland Law Review Online (1)
- Michelle A. Travis (1)
- Nancy Dowd (1)
- Notre Dame Law Review (1)
- Vanderbilt Law School Faculty Publications (1)
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Articles 1 - 30 of 41
Full-Text Articles in Law
Discrimination Cases Of The 2002 Term, Eileen Kaufman
Discrimination Cases Of The 2002 Term, Eileen Kaufman
Touro Law Review
No abstract provided.
Discrimination Cases In The October 2004 Term, Eileen M. Kaufman
Discrimination Cases In The October 2004 Term, Eileen M. Kaufman
Touro Law Review
No abstract provided.
The Metamorphosis Of Comparable Worth, Nancy E. Dowd
The Metamorphosis Of Comparable Worth, Nancy E. Dowd
Nancy Dowd
The concept of comparable worth has as its factual predicate two typical characteristics of women's employment: occupational concentration or segregation and significantly lower wages compared to those paid to men. What continues to be most troubling about this employment pattern is its stubborn persistence, despite the increased presence of women in the workforce and the existence for over two decades of legislation prohibiting sex discrimination in employment. The concept of comparable worth has provoked an outpouring of emotional rhetoric and scholarly analysis debating the concept’s viability and desirability. Rather than add to that debate, Professor Dowd traces the evolution of …
The Equal Employment Opportunity Commission: Comments On The Agency And Its Role In Employment Discrimination Law, Mary Kathryn Lynch
The Equal Employment Opportunity Commission: Comments On The Agency And Its Role In Employment Discrimination Law, Mary Kathryn Lynch
Georgia Journal of International & Comparative Law
No abstract provided.
Sexual Harassment And Labor Arbitration, Susan A. Fitzgibbon
Sexual Harassment And Labor Arbitration, Susan A. Fitzgibbon
Georgia Journal of International & Comparative Law
No abstract provided.
Employment Discrimination In The United States In 1989: Revisions Or A Pause, Josef Rohlik
Employment Discrimination In The United States In 1989: Revisions Or A Pause, Josef Rohlik
Georgia Journal of International & Comparative Law
No abstract provided.
Citizenship, Aliengage, And Ethnic Origin Discrimination In Employment Under The Law Of The United States, Mack A. Player
Citizenship, Aliengage, And Ethnic Origin Discrimination In Employment Under The Law Of The United States, Mack A. Player
Georgia Journal of International & Comparative Law
No abstract provided.
The Supreme Court’S Heightened Retaliation Standard In Nassar: A Prudent Limitation Or A Misguided Restriction To Title Vii Claims?, Darren Stakey
The Supreme Court’S Heightened Retaliation Standard In Nassar: A Prudent Limitation Or A Misguided Restriction To Title Vii Claims?, Darren Stakey
Touro Law Review
No abstract provided.
Seventh Circuit Allows American Subsidiary To Avoid Title Vii Liability By Asserting Fcn Treaty Rights Of Japanese Parent - American Employees Treated As Second Class Citizens - Court Cites Reciprocal Benefits For American Firms Operating Abroad - Fortino V. Quasar Co., 950 F.2d 389 (7th Cir. 1991)., Steven J. Lewengrub
Georgia Journal of International & Comparative Law
No abstract provided.
A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware
A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware
Georgia Journal of International & Comparative Law
No abstract provided.
"That Gear Stick Is Not Your Husband's P----." Why The Dissent In Vance V. Ball State University Got It Right, And A Comparison Of The Law Of Employer Vicarious Liability For Sexual Harassment In The United States And South Africa, Justin A. Behravesh
Justin A. Behravesh
This article provides unique critical analysis of the United States Supreme Court's June 2013 decision of Vance v. Ball State University, by comparing that decision to recent South African common law and statutory developments. I argue that Vance's redefinition of what constitutes a "supervisor" for purposes of vicarious liability will have devastating effect on working women in the United States. Ultimately using South African law as a model framework, I conclude that the factors that should trigger vicarious liability should be based on policy concerns, not arbitrary definitions of what constitutes a "supervisor."
Federalism And Business Decisions In The October 2005 Term, Carter G. Phillips
Federalism And Business Decisions In The October 2005 Term, Carter G. Phillips
Touro Law Review
No abstract provided.
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Eileen Kaufman
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Eileen Kaufman
Touro Law Review
No abstract provided.
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Leon Friedman
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Leon Friedman
Touro Law Review
No abstract provided.
Title Vii At Fifty Years: A Symposium, Ann C. Mcginley
Title Vii At Fifty Years: A Symposium, Ann C. Mcginley
Nevada Law Journal
No abstract provided.
The Trouble With Torgerson: The Latest Effort To Summarily Adjudicate Employment Discrimination Cases, Theresa M. Beiner
The Trouble With Torgerson: The Latest Effort To Summarily Adjudicate Employment Discrimination Cases, Theresa M. Beiner
Nevada Law Journal
No abstract provided.
Defying "Common Sense?": The Legitimacy Of Applying Title Vii To Employer Criminal Records Policies, Tammy R. Pettinato
Defying "Common Sense?": The Legitimacy Of Applying Title Vii To Employer Criminal Records Policies, Tammy R. Pettinato
Nevada Law Journal
No abstract provided.
Title Vii And Diversity, Kingsley R. Browne
Misconstruing Notice In Eeoc Administrative Processing & Conciliation, Angela D. Morrison, Angela D. Morrison
Misconstruing Notice In Eeoc Administrative Processing & Conciliation, Angela D. Morrison, Angela D. Morrison
Nevada Law Journal
No abstract provided.
The "Moral Hazards" Of Title Vii's Religious Accomodation Doctrine, Stephen Gee
The "Moral Hazards" Of Title Vii's Religious Accomodation Doctrine, Stephen Gee
Chicago-Kent Law Review
Freedom of religion in the workplace has recently become a hot topic with regards to whether U.S. or state laws (mainly contraceptive care and treatment of same-sex, married employees’ spouses) must accommodate certain employer’s religious beliefs or else violate the employer’s constitutional right. However, before this recent employer-centric topic came to light, the main focus was on employees and to what extent employers must accommodate an employee’s religion via Title VII. Most, if not all, academic literature has argued an employer’s duty to accommodate employee’s religion is too weak under Title VII and should thus be increased to the significant …
Hiding The Statute In Plain View: University Of Texas Southwestern Medical Center V. Nassar, Michael J. Zimmer
Hiding The Statute In Plain View: University Of Texas Southwestern Medical Center V. Nassar, Michael J. Zimmer
Nevada Law Journal
No abstract provided.
How The Nlrb's Light Still Shines On Anti-Discrimination Law Fifty Years After Title Vii, Michael Z. Green
How The Nlrb's Light Still Shines On Anti-Discrimination Law Fifty Years After Title Vii, Michael Z. Green
Nevada Law Journal
No abstract provided.
Lessons From The Dolphins/Richie Incognito Saga, Kerri Lynn Stone
Lessons From The Dolphins/Richie Incognito Saga, Kerri Lynn Stone
Nevada Law Journal
No abstract provided.
University Of Texas Southwestern Medical Center V. Nassar: Undermining The National Policy Against Discrimination, Matthew A. Krimski
University Of Texas Southwestern Medical Center V. Nassar: Undermining The National Policy Against Discrimination, Matthew A. Krimski
Maryland Law Review Online
No abstract provided.
Civil Rights And Related Decisions, Eileen Kaufman
Civil Rights And Related Decisions, Eileen Kaufman
Touro Law Review
No abstract provided.
Ledbetter V. Goodyear Tire & Rubber Co., Derrick A. Bell Jr.
Ledbetter V. Goodyear Tire & Rubber Co., Derrick A. Bell Jr.
Touro Law Review
No abstract provided.
What's So Reasonable About Reasonableness? Rejecting A Case Law-Centered Approach To Title Vii's Reasonable Belief Doctrine, Matthew W. Green Jr.
What's So Reasonable About Reasonableness? Rejecting A Case Law-Centered Approach To Title Vii's Reasonable Belief Doctrine, Matthew W. Green Jr.
Law Faculty Articles and Essays
The article critiques recent application of the reasonable belief doctrine under Title VII of the Civil Rights Act of 1964. Title VII’s anti-retaliation provision, in pertinent part, provides that “it shall be an unlawful employment practice for an employer to discriminate against any of his employees … because he has opposed any practice made an unlawful employment practice [under Title VII].” Literally read, the provision requires that an employee oppose a practice Title VII actually makes unlawful. If the employee does so and is retaliated against, the statute affords the employee relief. While the U.S. courts of appeals have …
Weathering Wal-Mart, Joseph A. Seiner
Weathering Wal-Mart, Joseph A. Seiner
Notre Dame Law Review
In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2531 (2011), the Supreme Court held that a proposed class of over a million women that had alleged pay and promotion discrimination against the nation’s largest retailer could not be certified. According to the Court, the plaintiffs had failed to establish a common thread in the case sufficient to tie their claims together. The academic response to Wal-Mart was immediate and harsh: the decision will serve as the death knell for mass employment litigation, undermining the workplace protections provided by Title VII of the Civil Rights Act of 1964 (Title VII). …
The Tort Label, Sandra F. Sperino
The Tort Label, Sandra F. Sperino
Faculty Articles and Other Publications
Courts and commentators often label federal discrimination statutes as torts. Since the late 1980s, the courts increasingly applied tort concepts to these statutes. This Article discusses how courts placed employment discrimination law within the organizational umbrella of tort law without examining whether the two areas share enough theoretical and doctrinal affinities.
While discrimination statutes are torts in some general sense that they do not arise out of criminal law and are not solely contractual, it is far from clear that these statutes are enough like traditional torts to justify the reflexive and automatic use of tort law. Employment discrimination statutes …
A Reasonable Belief: In Support Of Lgbt Plaintiffs' Title Vii Retaliation Claims, Erin E. Buzuvis
A Reasonable Belief: In Support Of Lgbt Plaintiffs' Title Vii Retaliation Claims, Erin E. Buzuvis
Faculty Scholarship
When an LGBT employee is punished for complaining about discrimination in the workplace, he or she has two potential causes of action under Title VII: first, a challenge to the underlying discrimination, and second, a challenge to the resulting retaliation. The first claim is vulnerable to dismissal under courts’ narrow interpretation of Title VII’s prohibition of discrimination “because of sex” as applied to LGBT plaintiffs. But such an outcome need not determine the fate of the second claim. Faithful application of retaliation law’s “reasonable belief” standard, which protects a plaintiff from reprisal so long as she reasonably believed that she …