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Legal Remedies Commons

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Articles 1 - 6 of 6

Full-Text Articles in Legal Remedies

Progressive Race Blindness: Individual Identity, Group Politics, And Reform, Darren Hutchinson May 2002

Progressive Race Blindness: Individual Identity, Group Politics, And Reform, Darren Hutchinson

Darren L Hutchinson

Critical Race Theorists advance race consciousness as a positive instrument for political and legal reform. A growing body of works by left-identified scholars, however, challenges this traditional progressive stance toward race consciousness.

After summarizing the contours of this budding literature, this Article criticizes the "progressive race blindness" scholarship on several grounds and offers an alternative approach to race consciousness that balances skepticism towards the naturalness of race with a healthy appreciation of the realities of racial subjugation and identity.


Teoría General De La Prueba Judicial, Edward Ivan Cueva Jan 2002

Teoría General De La Prueba Judicial, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


New Complexity Theories: From Theoretical Innovation To Doctrinal Reform, Darren Hutchinson Dec 2001

New Complexity Theories: From Theoretical Innovation To Doctrinal Reform, Darren Hutchinson

Darren L Hutchinson

No abstract provided.


Remedies, Cases And Problems, William Tabb, Elaine Shoben, Rachel Janutis Dec 2001

Remedies, Cases And Problems, William Tabb, Elaine Shoben, Rachel Janutis

William M. Tabb

No abstract provided.


Perceived Disabilities, Social Cognition, And "Innocent Mistakes", Michelle A. Travis Dec 2001

Perceived Disabilities, Social Cognition, And "Innocent Mistakes", Michelle A. Travis

Michelle A. Travis

This Article uses social cognition literature to analyze one form of non-prototypic employment discrimination under the Americans with Disabilities Act of 1990 (ADA). When enacting the ADA, Congress recognized that discrimination against individuals with disabilities is so pervasive that it reaches beyond those who possess substantially limiting impairments. Therefore, the ADA protects not only individuals who have an actual disability, but also non-disabled individuals who are mistakenly regarded as disabled by their employer. The field of social cognition, particularly causal attribution theory, studies why, how, and when we misperceive other individuals' capabilities. By taking an interdisciplinary approach, this Article concludes …


Telecommuting: The Escher Stairway Of Work/Family Conflict, Michelle A. Travis Dec 2001

Telecommuting: The Escher Stairway Of Work/Family Conflict, Michelle A. Travis

Michelle A. Travis

This Article was part of a symposium issue on Law, Labor, and Gender. This interdisciplinary project responds to legal scholars in the work/family conflict field who advocate telecommuting as a way for women to achieve workplace equality. First, the Article uses sociology research to demonstrate that telecommuting sometimes works to exacerbate gender inequality in the workplace, rather than leveling the workplace playing field. Second, the Article explores what role, if any, the law may play in requiring employers to design gender-equalizing telecommuting relationships. By analogizing telecommuting to the historic use of women industrial homeworkers, the Article concludes that targeted homeworking …