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Articles 11041 - 11070 of 14885
Full-Text Articles in Civil Rights and Discrimination
Next Challenge In Sexual Harassment Reform: Racial Disparity, The Panel One: Gender, Race, And Sexuality: Historical Themes And Emerging Issues In Women's Rights Law, Tanya K. Hernandez
Next Challenge In Sexual Harassment Reform: Racial Disparity, The Panel One: Gender, Race, And Sexuality: Historical Themes And Emerging Issues In Women's Rights Law, Tanya K. Hernandez
Faculty Scholarship
In order to do my homework in discussing both a tribute to women's lawyering and activism and also discuss emerging issues, I am going to focus on sexual harassment.
The Braided Uproar: A Defense Of My Sister's Hair And A Contemporary Indictment Of Rogers V. American Airlines, Michelle L. Turner
The Braided Uproar: A Defense Of My Sister's Hair And A Contemporary Indictment Of Rogers V. American Airlines, Michelle L. Turner
Cardozo Journal of Equal Rights & Social Justice
The article examines the discriminatory impact of employer-mandated grooming policies, particularly those prohibiting braided hairstyles, on Black women, using the case of Renee Rogers v. American Airlines as a focal point. It critiques the court's dismissal of Rogers' claims, arguing that such policies reflect systemic racism and sexism embedded in White beauty norms. The author advocates for legal reforms, including amending Title VII to recognize intersecting race and gender discrimination, and adopting a pluralist approach to cultural expression in the workplace.
Hiv/Aids And Human Rights In Russia: Compliance And The Rule Of Law, William F. Flanagan
Hiv/Aids And Human Rights In Russia: Compliance And The Rule Of Law, William F. Flanagan
Osgoode Hall Law Journal
This article examines Russia’s legal response to its ongoing HIV/AIDS epidemic. Russia’s international human rights obligations are reviewed and the article then critically assesses the extent to which Russia’s current HIV/AIDS law and practice are consistent with those obligations. The paper demonstrates that most aspects of Russia’s HIV/AIDS laws are consistent with Russia’s international obligations. However, the paper also documents key parts of HIV/AIDS practice in Russia that are seriously inconsistent with both Russian HIV/AIDS law and Russia’s international human rights obligations. This inconsistency between HIV-related de jure norms and de facto practice raises the question of compliance with the …
Pink Slip Introduction, Dena S. Davis
Pink Slip Introduction, Dena S. Davis
Journal of Law and Health
What has changed however, is the degree of worry and concern that people feel about the uses to which their genetic information can be put. When the HGP (Human Genome Project) began, a number of pundits were convinced that the "future knowledge" that genetic information can deliver to consumers and insurers alike would completely undermine the practice of private health insurance, and send our current system crashing to the ground. Needless to say, that has not happened; but with 42 million Americans currently without health insurance, and with insurance tightly entwined with employment, many people fear that genetic information will …
Cardiovascular Genetics: Case Studies, Kenneth G. Zahka
Cardiovascular Genetics: Case Studies, Kenneth G. Zahka
Journal of Law and Health
What I'd like to do in the next 10 or 15 minutes is use a case approach which we all use in medicine as you use in law to give you a flavor for how we as clinicians think about things that are oftentimes obviously genetic. But I want to stress to you that probably a day does not go by or a patient does not go by where I don't think in terms of genetic issues for their cardiovascular health.
Can Employers Put Genetic Information To Good Use, Kathleen C. Engel
Can Employers Put Genetic Information To Good Use, Kathleen C. Engel
Journal of Law and Health
In my talk today I am going to try to answer the question: Can employers put genetic information to good use? Preparing this talk was a challenge because it required me to switch sides of the table. Having represented plaintiffs in employment discrimination cases for ten years, my inclination is to focus on the ways that employers can use genetic information to the detriment of their workers. I chose to talk about the value of genetic information from the employers' perspective because I wanted to force myself to engage in a disciplined study of the issues, rather than simply don …
Is There A Pink Slip In Your Genes?, J. B. Silvers
Is There A Pink Slip In Your Genes?, J. B. Silvers
Journal of Law and Health
On the insurance company side, it's clear that insurance companies are not well loved by folks. They're not even supposed to do that. At one point after a company had approached QualChoice and told us not to tell the enrollees something that, in fact, had been a policy decision by the company, I was suggesting that perhaps we should change the name to the company to the "Scapegoat Insurance Company," since that really was what we were being paid for, and I think in this argument that may be part of the issue here.
Genetic Discrimination: Does It Exist, And What Are Its Implications?, Paul Steven Miller
Genetic Discrimination: Does It Exist, And What Are Its Implications?, Paul Steven Miller
Journal of Law and Health
Does genetic discrimination exist? Thus far, there have been no cases other than Burlington Northern and maybe a couple of other cases which have been filed by plaintiffs in either federal or state court. Notwithstanding all of the statutes, there haven't been a tremendous amount of charges coming in, people coming to the EEOC (Equal Employment Opportunity Commission), or to respective state agencies and even filing charges. This fact confuses me, because I actually believe that genetic discrimination, as we've been talking about it, is happening more often in the real world than this charge flow would indicate.
Reasons To Eschew Federal Lawmaking And Embrace Common Law Approaches To Genetic Discrimination, S. Candice Hoke
Reasons To Eschew Federal Lawmaking And Embrace Common Law Approaches To Genetic Discrimination, S. Candice Hoke
Journal of Law and Health
Professor Hoffman and I agree: there ought to be some laws, but I want to talk to you a little bit about two possible, two real goals here. One is to ask you to critically evaluate whether a federal statute is the right remedial response at this point in time, and secondly, to ask you to start thinking about the possibility of drafting into service what we in law refer to as traditional state common-law approaches that actually might give us more and better ways to remedy what's going on than simply turning to Congress.
Genetic Testing And Employment Litigation, Harry Zanville
Genetic Testing And Employment Litigation, Harry Zanville
Journal of Law and Health
I have only a couple of comments to make that relate to litigation hurdles and how to achieve this balance, and the first thing I want to talk about, following the wonderful presentation is, in fact, we probably don't in some ways even need a new cause of action.
An Ounce Of Prevention Is A Poor Substitute For A Pound Of Cure: Confronting The Developing Jurisprudence Of Education And Prevention In Employment Discrimination Law, Susan Bisom-Rapp
Faculty Scholarship
This article challenges a widely shared conviction that has had a tremendous impact on employer practices and, most recently, on employment discrimination jurisprudence. More specifically, the piece interrogates the belief that employee education can prevent, or at least greatly curb, invidious employment discrimination prohibited by Title VII of the Civil Rights Act and other civil rights statutes. This premise, broadly held and rarely questioned, has spawned a multi-billion dollar sexual harassment and diversity training industry staffed by consultants, attorneys, and human resource professionals, who offer programs aimed at litigation prevention. Yet, there is absolutely no empirical support for the premise …
Turning Section 1983'S Protection Of Civil Rights Into An Attractive Nuisance: Extra-Textual Barriers To Municipal Liability Under Monell, Brian J. Serr
Georgia Law Review
This essay addresses the problem of "Making Government Pay" from a different perspective than Professor Levinson's article.1 Instead of focusing on social and economic barriers to deterrence and corrective justice, this essay will focus on the arbitrary legal barriers that the Supreme Court has placed between a constitutionally injured citizen and the municipal treasury. These legal barriers are more fairly attributable to the Supreme Court than to Congress because the barriers to establishing municipal liability under the Court's § 1983 jurisprudence are hardly self-evident from the statutory text of § 1983, nor are those barriers readily inferrable from that text. …
Afterword, Marshall S. Shapo
Afterword, Marshall S. Shapo
Georgia Law Review
It is a great pleasure to comment on these papers on a subject that has fascinated me since the beginning of my teaching career. My observations will no doubt reflect the roots of my thinking in an article I wrote on the subject in 1965' and other early publications, and, doubtless, my relative ignorance of the immense amount of case law that has flowed from courts since the mid-sixties. However, informed by a little independent study and refreshed by the commentaries, I venture a few somewhat angular thoughts. They do not" in any way pretend to be exhaustive with respect …
Corrective Justice And Constitutional Torts, Bernard P. Dauenhauer, Michael L. Wells
Corrective Justice And Constitutional Torts, Bernard P. Dauenhauer, Michael L. Wells
Georgia Law Review
Tort liability in the private realm may be understood both as "an instrument aimed... at deterrence... [and] a way of achieving corrective justice between the parties."' Following the common law model, the Supreme Court has borrowed this normative framework for constitutional torts, ruling that the aims of liability for damages are to vindicate constitutional rights and to deter constitutional violations. A recent article by Daryl Levinson takes issue vith this approach. Levinson argues that the superficial similarities between public torts and private torts conceal real differences, to which neither the Court nor scholars have paid adequate attention. The main point …
Section 1983: Agent Of Peace Or Vehicle Of Violence Against Children?, Susan H. Bitensky
Section 1983: Agent Of Peace Or Vehicle Of Violence Against Children?, Susan H. Bitensky
Oklahoma Law Review
No abstract provided.
Don't Ask Us To Explain Ourselves, Don't Tell Us What To Do: The Boy Scouts' Exclusion Of Gay Members And The Necessity Of Independent Judicial Review, Taylor Flynn
Faculty Scholarship
In Boy Scouts of America v. Dale, the U.S. Supreme Court held by a five to four majority that the Boy Scouts of America is entitled to ban gay persons from membership despite New Jersey's prohibition against sexual orientation discrimination. The Dale majority sharply departed from the Court's long line of expressive association cases, in which it has rejected the claims of private clubs that application of civil rights laws to their membership policies violates their associational rights. This Author argues that by "reading" the plaintiff in Boy Scouts of America v. Dale as a cipher for gay sex, and …
The Sex Discrimination Argument In Gay Rights Cases, Nan D. Hunter
The Sex Discrimination Argument In Gay Rights Cases, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
The argument that laws that discriminate on the basis of sexual orientation in fact discriminate on the basis of sex is not new. Advocates have been pressing this claim for almost thirty years. Simply put, the argument is that a statute that bars a sexual relationship between two women or two men discriminates on the basis of sex because either partner could have had the same relationship with a person of the opposite sex.
Planet Asian America, Mari J. Matsuda
Planet Asian America, Mari J. Matsuda
Georgetown Law Faculty Publications and Other Works
In forming the Asian Law Caucus, the elders - some of whom are here in this room - chose resistance. They created a space in which Asian Americans were in charge, deciding what mattered to them and what strategies worked for them. If someone else were in charge, things would have gone differently. Risks were taken, and victories were won that would not have happened using traditional litigation strategies or leaving the work to traditional civil rights organizations. It was important to create an Asian American space to do this work: to fight Chinatown evictions, to pursue redress for the …
Race And Discretion In American Medicine, Maxwell Gregg Bloche
Race And Discretion In American Medicine, Maxwell Gregg Bloche
Georgetown Law Faculty Publications and Other Works
The author’s focus in this article is on racial disparities in medical care provision--that is, on differences in the services that clinically similar patients receive when they present to the health care system. Racial disparities in health status, which is not greatly influenced (on a population-wide basis) by medical care, are beyond his scope here. Disparities in medical care access-potential patients' ability, financial and otherwise, to gain entry to the health care system in the first place, are also outside his focus. The author begins this article by putting the problem of racial disparities in medical care provision within the …
Disability, Federalism, And A Court With An Eccentric Mission, Michael H. Gottesman
Disability, Federalism, And A Court With An Eccentric Mission, Michael H. Gottesman
Georgetown Law Faculty Publications and Other Works
This article examines the Supreme Court's recent Eleventh and Fourteenth Amendment decisions constraining Congress's power to impose legal obligations on state governments. The context for this examination is the Court's consideration this Term of the constitutionality of the provision of the Americans with Disabilities Act authorizing individual suits against states by persons alleging they have been victimized by state disability discrimination. This article was written while the fate of the ADA case was unknown. But the Court issued its decision just as this article was going to press. A postscript has been added describing that decision and its implications. The …
Civil Rights In The New Decade: The Geography Of Opportunity, Sheryll Cashin
Civil Rights In The New Decade: The Geography Of Opportunity, Sheryll Cashin
Georgetown Law Faculty Publications and Other Works
It is truly an honor and a privilege to have been invited to return to my home state of Alabama to talk about the civil rights agenda in the new decade. Lest you think that I lack the appropriate credentials to speak on this issue, I will tell you that I did go to jail for the cause. At the age of four months, I was taken by my mother, Joan Carpenter Cashin, to a sit-in at a lunch counter in Huntsville, Alabama. When my mother was arrested, she insisted on taking me with her to jail. I am very …
Highways And Bi-Ways For Environmental Justice, Richard J. Lazarus
Highways And Bi-Ways For Environmental Justice, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
The purpose of this essay is to discuss the past, present, and future of the environmental justice movement as illustrated by the highway between Selma and Montgomery in Alabama and the highway system surrounding the City of Atlanta in neighboring Georgia. The essay is divided into three parts. The first part describes environmental justice, seeking both to place it in a broader historical perspective and to discuss how it relates to civil rights law and environmental law. The second part undertakes a closer examination of the challenges presented by efforts to fashion positive law to address environmental justice norms. This …
Affirmative Action And Minority Enrollments In Medical And Law Schools By Susan Welch And John Gruhl, Mark J. Sullivan
Affirmative Action And Minority Enrollments In Medical And Law Schools By Susan Welch And John Gruhl, Mark J. Sullivan
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Inadequacies Of Civil Society: Law's Complementary Role In Regulating Harmful Speech, Andrew E. Taslitz
The Inadequacies Of Civil Society: Law's Complementary Role In Regulating Harmful Speech, Andrew E. Taslitz
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Reverse Discrimination Under Title Ix: Do Men Have A Sporting Chance, Megan K. Starace
Reverse Discrimination Under Title Ix: Do Men Have A Sporting Chance, Megan K. Starace
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Standing In Front Of The Disabled: Judicial Uncertainty Over Enhanced Sightlines In Sports Arenas, James Kurack
Standing In Front Of The Disabled: Judicial Uncertainty Over Enhanced Sightlines In Sports Arenas, James Kurack
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Multiracial Matrix: The Role Of Race Ideology In The Enforcement Of Antidiscrimination Laws, A United States-Latin America Comparison, Tanya K. Hernandez
Multiracial Matrix: The Role Of Race Ideology In The Enforcement Of Antidiscrimination Laws, A United States-Latin America Comparison, Tanya K. Hernandez
Faculty Scholarship
This Article examines the role of race ideology in the enforcement of antidiscrimination laws. Professor Hernandez demonstrates the ways in which the U.S. race ideology is slowly starting to resemble the race ideology of much of Latin America. The evolving U.S. race ideology is a multiracial matrix made up of four precepts: (1) racial mixture and diverse racial demography will resolve racial problems; (2) fluid racial classification schemes are an indicator of racial progress and the colorblind abolition of racial classifications an indicator of absolute racial harmony; (3) racism is solely a phenomenon of aberrant racist individuals; and (4) focusing …
Allowing A Title Vii Punitive Damage Award Without An Accompanying Compensatory Or Nominal Award: Further Unifying The Federal Civil Rights Laws, Kelly Koenig Levi
Allowing A Title Vii Punitive Damage Award Without An Accompanying Compensatory Or Nominal Award: Further Unifying The Federal Civil Rights Laws, Kelly Koenig Levi
Kentucky Law Journal
No abstract provided.
Proportional Equality: Readings Of Romer, Nan D. Hunter
Proportional Equality: Readings Of Romer, Nan D. Hunter
Kentucky Law Journal
No abstract provided.
"Simply So Different": The Uniquely Expressive Character Of The Openly Gay Individual After Boy Scouts Of America V. Dale, Nancy J. Knauer
"Simply So Different": The Uniquely Expressive Character Of The Openly Gay Individual After Boy Scouts Of America V. Dale, Nancy J. Knauer
Kentucky Law Journal
No abstract provided.