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Full-Text Articles in Civil Rights and Discrimination

Employment Discrimination Claims Remain Valid Despite After-Acquired Evidence Of Employee Wrongdoing, Christine Neylon O'Brien Oct 2012

Employment Discrimination Claims Remain Valid Despite After-Acquired Evidence Of Employee Wrongdoing, Christine Neylon O'Brien

Pepperdine Law Review

This article explores the legal practice area of employment discrimination and adverse decisions based on after-acquired evidence. A division among the circuits courts arose concerning the impact of after-acquired evidence of employee wrongdoing upon an employer's liability for employment discrimination. When pre-trial discovery unveiled a separate nondiscriminatory reason for termination, numerous circuits allowed such previously unknown information to constitute a legitimate basis for the employment decision, following the model of a mixed-motive discharge. A trend developed however, among other circuits that after-acquired evidence of employee misconduct should not prevent the establishment of employer liability, but that it should be considered …


Gender Classification And United States V. Virginia: Muddying The Waters Of Equal Protection , Brent L. Caslin Oct 2012

Gender Classification And United States V. Virginia: Muddying The Waters Of Equal Protection , Brent L. Caslin

Pepperdine Law Review

No abstract provided.


Admission Possible: Reconsidering The Impact Of Eeoc Reasonable Cause Determinations In The Ninth Circuit, Michael D. Moberly Oct 2012

Admission Possible: Reconsidering The Impact Of Eeoc Reasonable Cause Determinations In The Ninth Circuit, Michael D. Moberly

Pepperdine Law Review

No abstract provided.


Paramours, Promotions, And Sexual Favoritism: Unfair, But Is There Liability?, Mitchell Poole Oct 2012

Paramours, Promotions, And Sexual Favoritism: Unfair, But Is There Liability?, Mitchell Poole

Pepperdine Law Review

No abstract provided.


Chipping Away At Discrimination At The Country Club, Jennifer Jolly-Ryan Oct 2012

Chipping Away At Discrimination At The Country Club, Jennifer Jolly-Ryan

Pepperdine Law Review

No abstract provided.


The Inevitable Collision: Affirmative Action And The Constitution, Jennifer Moore Oct 2012

The Inevitable Collision: Affirmative Action And The Constitution, Jennifer Moore

Pepperdine Law Review

No abstract provided.


Agostini V. Felton: Redefining The Establishment Of Religion Through A Modification Of The Lemon Test, Christian W. Johnston Oct 2012

Agostini V. Felton: Redefining The Establishment Of Religion Through A Modification Of The Lemon Test, Christian W. Johnston

Pepperdine Law Review

No abstract provided.


California Supreme Court Survey - A Review Of Decisions: December 1997-March 1998, Leallen Frost Oct 2012

California Supreme Court Survey - A Review Of Decisions: December 1997-March 1998, Leallen Frost

Pepperdine Law Review

No abstract provided.


Will Motive, Opportunity Or Recklessness No Longer Constitute Scienter For Fraud? A Survey Of Recent Federal District Court Decisions After The Enactment Of The 1995 Private Securities Litigation Reform Act , Lisa A. Herrera Oct 2012

Will Motive, Opportunity Or Recklessness No Longer Constitute Scienter For Fraud? A Survey Of Recent Federal District Court Decisions After The Enactment Of The 1995 Private Securities Litigation Reform Act , Lisa A. Herrera

Pepperdine Law Review

No abstract provided.


No Duty To Rescue: Can Americans Really Leave A Victim Lying In The Street? What Is Left Of The American Rule, And Will It Survive Unabated?, Jennifer L. Groninger Oct 2012

No Duty To Rescue: Can Americans Really Leave A Victim Lying In The Street? What Is Left Of The American Rule, And Will It Survive Unabated?, Jennifer L. Groninger

Pepperdine Law Review

No abstract provided.


Thurgood Marshall And The Holy Grail—The Due Process Jurisprudence Of A Consummate Jurist, Richard H. W. Maloy Oct 2012

Thurgood Marshall And The Holy Grail—The Due Process Jurisprudence Of A Consummate Jurist, Richard H. W. Maloy

Pepperdine Law Review

No abstract provided.


Should Prudential Standing Requirements Be Applied In Transferred Impact Sexual Harassment Cases? An Analysis Of Childress V. City Of Richmond, Robert J. Aalberts, Lorne H. Seidman Oct 2012

Should Prudential Standing Requirements Be Applied In Transferred Impact Sexual Harassment Cases? An Analysis Of Childress V. City Of Richmond, Robert J. Aalberts, Lorne H. Seidman

Pepperdine Law Review

No abstract provided.


Shareholder Demands For Higher Corporate Earnings Have Their Price: How Courts Allow Employers To Fire Older Employees For Their Achievements, Kester Spindler Oct 2012

Shareholder Demands For Higher Corporate Earnings Have Their Price: How Courts Allow Employers To Fire Older Employees For Their Achievements, Kester Spindler

Pepperdine Law Review

No abstract provided.


Bragdon V. Abbott: The Supreme Court's Anti-Discrimination Advocacy And The Reopening Of Pandora's Box , Brett D. Watson Oct 2012

Bragdon V. Abbott: The Supreme Court's Anti-Discrimination Advocacy And The Reopening Of Pandora's Box , Brett D. Watson

Pepperdine Law Review

No abstract provided.


Burlington Industries, Inc. V. Ellerth: “Whole-Cloth Creation” Or Manifestation Of Congressional Intent?, John Corrington Oct 2012

Burlington Industries, Inc. V. Ellerth: “Whole-Cloth Creation” Or Manifestation Of Congressional Intent?, John Corrington

Pepperdine Law Review

No abstract provided.


"A Land Of Strangers": Communitarianism And The Rejuvenation Of Intermediate Associations, Derek E. Brown Oct 2012

"A Land Of Strangers": Communitarianism And The Rejuvenation Of Intermediate Associations, Derek E. Brown

Pepperdine Law Review

No abstract provided.


Political Question Or Judicial Query: An Examination Of The Modern Doctrine And Its Inapplicability To Human Rights Mass Tort Litigation, Nancy S. Williams Oct 2012

Political Question Or Judicial Query: An Examination Of The Modern Doctrine And Its Inapplicability To Human Rights Mass Tort Litigation, Nancy S. Williams

Pepperdine Law Review

No abstract provided.


State Action And The Supreme Court's Emerging Consensus On The Line Between Establishment And Private Religious Expression, Michael W. Mcconnell Oct 2012

State Action And The Supreme Court's Emerging Consensus On The Line Between Establishment And Private Religious Expression, Michael W. Mcconnell

Pepperdine Law Review

No abstract provided.


Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe Oct 2012

Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe

Pepperdine Law Review

No abstract provided.


Substance And Method In The Year 2000, Akhil Reed Amar Oct 2012

Substance And Method In The Year 2000, Akhil Reed Amar

Pepperdine Law Review

No abstract provided.


Explaining Korematsu: A Response To Dean Chemerinsky , Robert J. Pushaw Jr. Aug 2012

Explaining Korematsu: A Response To Dean Chemerinsky , Robert J. Pushaw Jr.

Pepperdine Law Review

No abstract provided.


Korematsu V. United States: A Tragedy Hopefully Never To Be Repeated , Erwin Chemerinsky Aug 2012

Korematsu V. United States: A Tragedy Hopefully Never To Be Repeated , Erwin Chemerinsky

Pepperdine Law Review

No abstract provided.


A Reluctant Apology For Plessy: A Response To Akhil Amar, Barry P. Mcdonald Aug 2012

A Reluctant Apology For Plessy: A Response To Akhil Amar, Barry P. Mcdonald

Pepperdine Law Review

A response to the article "Plessy v. Ferguson and the Anti-Canon," by Akhil Amar, published in the November 2011 issue of the "Pepperdine Law Review," is presented. Topics include an examination of Justice Henry Billings Brown's decision in the case, the constitutionality of segregating U.S. citizens by race, and the impact of public opinion on U.S. Supreme Court decisions.


Plessy V. Ferguson And The Anti-Canon, Akhil Reed Amar Aug 2012

Plessy V. Ferguson And The Anti-Canon, Akhil Reed Amar

Pepperdine Law Review

The article focuses on the U.S. Supreme Court case Plessy v. Ferguson, which dealt with the constitutionality of racial segregation in the U.S. Topics include the application of precedent in controversial U.S. Supreme Court cases, when the U.S. Constitution can overrule a court decision, and dissenting judicial opinions.


Coming To Terms With Dred Scott: A Response To Daniel A. Farber, Paul Finkelman Aug 2012

Coming To Terms With Dred Scott: A Response To Daniel A. Farber, Paul Finkelman

Pepperdine Law Review

When thinking about Dred Scott, the issue is not how do we “rehabilitate” the opinion. The goal of scholarship here is to understand the opinion, place it in the context of its own time, and explain its enduring significance. After that, we may praise or damn it, and rehabilitate it or condemn it. No one today likes the Dred Scott opinion or the result. But, this article argues that Professor Daniel A. Farber is so incensed by the opinion that he vastly overstates its historical significance including incorrectly blaming Chief Justice Taney for causing the Civil War. This article rejects …


A Fatal Loss Of Balance: Dred Scott Revisited , Daniel A. Farber Aug 2012

A Fatal Loss Of Balance: Dred Scott Revisited , Daniel A. Farber

Pepperdine Law Review

This essay focuses on three aspects of the Dred Scott opinion: its effort to ensure that blacks could never be citizens, let alone equal ones; its deployment of a "limited government" argument for a narrow interpretation of Congress's enumerated power over the territories; and its path-breaking defense of property rights against government regulation. These constitutional tropes of racism, narrowing of federal power, and protection of property were to remain dominant for another seventy-five years. Apart from the failings of the opinion itself, Dred Scott also represents an extraordinary case of presidential tampering with the judicial process and a breakdown in …


Breaking The Seal On White-Collar Criminal Search Warrant Materials , David Horan Jul 2012

Breaking The Seal On White-Collar Criminal Search Warrant Materials , David Horan

Pepperdine Law Review

No abstract provided.


Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson Jul 2012

Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson

Pepperdine Law Review

No abstract provided.


Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister Jul 2012

Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister

Pepperdine Law Review

No abstract provided.


Davis V. Monroe County Board Of Education: Setting A Stringent Standard Of Fault For School Liability In Peer Sexual Harassment Under Title Ix-Demanding Responsible Proactive Protection, Lindsay Havern Jul 2012

Davis V. Monroe County Board Of Education: Setting A Stringent Standard Of Fault For School Liability In Peer Sexual Harassment Under Title Ix-Demanding Responsible Proactive Protection, Lindsay Havern

Pepperdine Law Review

No abstract provided.