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Articles 301 - 330 of 343
Full-Text Articles in Evidence
The Allure And Danger Of Practicing Law As Taxonomy, Marcia L. Mccormick
The Allure And Danger Of Practicing Law As Taxonomy, Marcia L. Mccormick
All Faculty Scholarship
In this article, I hope to contribute to the ongoing debate on how our society treats the problem of discrimination. Many scholars have criticized the types of antidiscrimination statutes we have enacted as well as the ways in which the courts have interpreted those laws. While I agree with many of these critiques, rather than tackle those very large issues at the outset, I focus on the test the courts currently use to evaluate the evidence to determine whether an inference can be made that discrimination has occurred. I argue that lawyers and courts have become so caught up in …
Lawrence Summers' Speech On "Innate" Differences Between Men And Women-A Different Perspective, Thomas C. Fischer
Lawrence Summers' Speech On "Innate" Differences Between Men And Women-A Different Perspective, Thomas C. Fischer
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Identifying The Linguistic Boundaries Of Sex: Court Language Choice In Decisions Regarding The Availability Of Sex And Procreation, Amy Zimmerman Hodges
Identifying The Linguistic Boundaries Of Sex: Court Language Choice In Decisions Regarding The Availability Of Sex And Procreation, Amy Zimmerman Hodges
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin
“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin
ExpressO
No abstract provided.
The Central Park Five, The Scottsboro Boys, And The Myth Of The Bestial Black Man, N. Jeremi Duru
The Central Park Five, The Scottsboro Boys, And The Myth Of The Bestial Black Man, N. Jeremi Duru
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Out With The Old And In With The New: The Second Circuit Shows It's Time For The Supreme Court To Finally Overrule Mcdonnell Douglas, Kerry S. Acocella
Out With The Old And In With The New: The Second Circuit Shows It's Time For The Supreme Court To Finally Overrule Mcdonnell Douglas, Kerry S. Acocella
Cardozo Journal of Equal Rights & Social Justice
The note argues that the Desert Palace, Inc. v. Costa case represents a significant shift in employment discrimination law under Title VII, as it simplifies the process for plaintiffs to prove discrimination by allowing the use of circumstantial evidence in mixed-motive claims. The decision aligns with the 1991 Civil Rights Act and highlights the need to reassess the stricter standards of the McDonnell Douglas framework, which the author critiques as overly burdensome. The analysis also examines the implications of this shift through the lens of the Sanders v. NYC HRA case, advocating for the explicit overruling of McDonnell Douglas in …
Brady Behind Bars: The Prosecutor's Disclosure Obligations Regarding Dna In The Post-Conviction Arena, Brian T. Kohn
Brady Behind Bars: The Prosecutor's Disclosure Obligations Regarding Dna In The Post-Conviction Arena, Brian T. Kohn
Cardozo Public Law, Policy & Ethics Journal
The article argues that the constitutional obligation of prosecutors to disclose exculpatory evidence, as established by Brady v. Maryland and its progeny, extends beyond a defendant's conviction and applies to postconviction DNA testing requests. It asserts that denying access to such testing violates both constitutional rights and the ethical duties of prosecutors, who are tasked with seeking justice rather than merely securing convictions. The analysis highlights the conflict in federal courts regarding the applicability of Brady to postconviction DNA testing and advocates for a broader interpretation of the doctrine to ensure innocence is not wrongly imprisoned.
Chambers V. Mississippi: The Hearsay Rule And Racial Evaluations Of Credibility, Andrew Elliot Carpenter
Chambers V. Mississippi: The Hearsay Rule And Racial Evaluations Of Credibility, Andrew Elliot Carpenter
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Employer Liability For Sexual Harassment - Normative, Descriptive, And Doctrinal Interactions: A Reply To Professors Beiner And Bisom-Rapp, Linda Hamilton Krieger
Employer Liability For Sexual Harassment - Normative, Descriptive, And Doctrinal Interactions: A Reply To Professors Beiner And Bisom-Rapp, Linda Hamilton Krieger
University of Arkansas at Little Rock Law Review
No abstract provided.
Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner
Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner
University of Arkansas at Little Rock Law Review
No abstract provided.
Fixing Watches With Sledgehammers: The Questionable Embrace Of Employee Sexual Harassment Training By The Legal Profession, Susan Bisom-Rapp
Fixing Watches With Sledgehammers: The Questionable Embrace Of Employee Sexual Harassment Training By The Legal Profession, Susan Bisom-Rapp
University of Arkansas at Little Rock Law Review
No abstract provided.
Some Thoughts On The Conduct/Status Distinction, Sherry F. Colb
Some Thoughts On The Conduct/Status Distinction, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
House Rules: Is A Supermajority Requirement For Tax Hikes Constitutional?, John O. Mcginnis, Michael B. Rappaport, Susan Low Bloch
House Rules: Is A Supermajority Requirement For Tax Hikes Constitutional?, John O. Mcginnis, Michael B. Rappaport, Susan Low Bloch
Articles
No abstract provided.
When The Constable Blunders: A Comparison Of The Law Of Police Interrogation In Canada And The United States, Robert Harvie, Hamar Foster
When The Constable Blunders: A Comparison Of The Law Of Police Interrogation In Canada And The United States, Robert Harvie, Hamar Foster
Seattle University Law Review
This Article explores the Supreme Court of Canada's use of the Charter of Rights and Freedoms in limiting police interrogations and compares its case decisions with cases from the Supreme Court of the United States. Part II of this Article examines the purposes and policies underlying sections 10(b), 7, and 24(2) of the Charter. Part III then examines the application of sections 10(b) and 7 in situations where (1) suspects are interrogated by uniformed police officers or other persons known to be in authority, and (2) suspects are interrogated surreptitiously by persons not known to be in authority. In both …
Admissibility Of Investigatory Reports In § 1983 Civil Rights Actions - A User's Manual, Martin A. Schwartz
Admissibility Of Investigatory Reports In § 1983 Civil Rights Actions - A User's Manual, Martin A. Schwartz
Scholarly Works
No abstract provided.
Factors For Reasonable Suspicion: When Black And Poor Means Stopped And Frisked, David A. Harris
Factors For Reasonable Suspicion: When Black And Poor Means Stopped And Frisked, David A. Harris
Indiana Law Journal
No abstract provided.
St. Mary's Honor Center V. Hicks: Interpretation Of Title Vii Takes A Wrong Turn, Teresa C. Postle
St. Mary's Honor Center V. Hicks: Interpretation Of Title Vii Takes A Wrong Turn, Teresa C. Postle
West Virginia Law Review
No abstract provided.
Wallace V. Dunn Construction Co.: Defining The Role Of After-Acquired Evidence In Federal Employment Discrimination Suits, Hugh Lawson Iii
Wallace V. Dunn Construction Co.: Defining The Role Of After-Acquired Evidence In Federal Employment Discrimination Suits, Hugh Lawson Iii
Mercer Law Review
In Wallace v. Dunn Construction Co. the Eleventh Circuit Court of Appeals faced an issue of first impression in the circuit: the role of after-acquired evidence in actions arising under federal employment discrimination statutes, namely Title VII of the Civil Rights Act of 1964 and the Equal Pay Act. The court held that after-acquired evidence cases in which an employer discovers evidence constituting a permissible reason for discharging an employee after that employee has already been discharged for an impermissible reason are distinguishable from mixed-motive cases in which an employer discharges an employee for several reasons, some permissible and …
Racial Imagery In Criminal Cases, Sheri Lynn Johnson
Racial Imagery In Criminal Cases, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.
The Mental Anguish And Humiliation Suffered By Victims Of Housing Discrimination, 26 J. Marshall L. Rev. 39 (1992), Larry Heinrich
The Mental Anguish And Humiliation Suffered By Victims Of Housing Discrimination, 26 J. Marshall L. Rev. 39 (1992), Larry Heinrich
UIC Law Review
No abstract provided.
The Violence Of Contamination And The Violence Of The Pure, Arkady Plotnitsky
The Violence Of Contamination And The Violence Of The Pure, Arkady Plotnitsky
Cardozo Law Review
No abstract provided.
Comment On Nesson, Joseph Gastwirth
The Admission Of Criminal Histories At Trial, Department Of Justice Office Of Legal Policy
The Admission Of Criminal Histories At Trial, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
As part of a continuing series of studies on impediments to the search for truth in criminal investigation and adjudication, the Office of Legal Policy has carried out a review of the law governing the admission of the criminal records of defendants and other persons at trial. The results of this review are set out in this Report.
Johnson V. Transportation Agency, Santa Clara County, California, Lewis F. Powell Jr.
Johnson V. Transportation Agency, Santa Clara County, California, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Evaluation Of Subjective Selection Systems In Title Vii Employment Discrimination Cases: A Misuse Of Disparate Impact Analysis, Stacey B. Babson
Evaluation Of Subjective Selection Systems In Title Vii Employment Discrimination Cases: A Misuse Of Disparate Impact Analysis, Stacey B. Babson
Cardozo Law Review
No abstract provided.
Bibbs V. Block: Standard Of Causation And Burden Of Proof In An Individual Disparate Treatment Action Under Title Vii
Washington and Lee Law Review
No abstract provided.
The Self-Critical Analysis Privilege And Discovery Of Affirmative Action Plans In Title Vii Suits, Michigan Law Review
The Self-Critical Analysis Privilege And Discovery Of Affirmative Action Plans In Title Vii Suits, Michigan Law Review
Michigan Law Review
This Note argues that plaintiffs should have access to affirmative action plans in discovery. Part I describes the "self-critical analysis" or "self-evaluative" privilege that employers have advanced to block discovery of such plans. Part II examines the conflicting interests of society, employers and employees in allowing or denying discovery. Part III evaluates the application of a self-critical analysis privilege in light of these conflicting interests and concludes that the privilege should not be applied to affirmative action plans.
The Numbers Game: Statistical Inference In Discrimination Cases, David H. Kaye
The Numbers Game: Statistical Inference In Discrimination Cases, David H. Kaye
Michigan Law Review
A Review of Statistical Proof of Discrimination by David Baldus and James Cole
The Numbers Game - The Use And Misuse Of Statistics In Civil Rights Litigation, Marcy M. Hallock
The Numbers Game - The Use And Misuse Of Statistics In Civil Rights Litigation, Marcy M. Hallock
Villanova Law Review (1956 - )
No abstract provided.
Medical Data Privacy: Automated Interference With Contractual Relations, John J. Fargo
Medical Data Privacy: Automated Interference With Contractual Relations, John J. Fargo
Buffalo Law Review
No abstract provided.