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Discrimination

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Articles 31 - 36 of 36

Full-Text Articles in Legal Remedies

What’S The Use Of Calling Emerson A Pragmatist?, Stanley Cavell Sep 1996

What’S The Use Of Calling Emerson A Pragmatist?, Stanley Cavell

Cardozo Law Review

I applaud the revival of interest in John Dewey and William James, on various intellectual and political grounds, and seek to learn what is at stake for others in their revival. But I also wish to suspend applause-doubtless more a transcendentalist than a pragmatist gesture on my part-for ideas that seem to be gaining prominence within this movement, expressed by writers and thinkers whom I admire, according to which Emerson is to be understood as a proto-pragmatist and Wittgenstein as, let's say, a neo-pragmatist. Perhaps I will be taken as struggling merely over labels; but sometimes labels should be struggled …


Taxation Of Damages After Schleier - Where Are We And Where Do We Go From Here?, Douglas A. Kahn Jan 1995

Taxation Of Damages After Schleier - Where Are We And Where Do We Go From Here?, Douglas A. Kahn

Articles

This article will examine the reasoning of the Schleier decision and speculate as to how taxation of pre-1996 damages will likely apply in light of Schleier. First, the article will set forth a very brief history of the judicial and administrative constructions of the statutory exclusion, and explore tax policy justifications for providing an exclusion from gross income for certain damages. These latter two items (set forth in Parts II and III of this article) are areas that have been extensively addressed previously by several commentators, including the author of this article.' The reason for exploring tax policy issues is …


The Bar Against Challenges To Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. Mcginnis Jan 1993

The Bar Against Challenges To Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. Mcginnis

Articles

No abstract provided.


Compensatory And Punitive Damages For A Personal Injury: To Tax Or Not To Tax, Douglas A. Kahn Jan 1992

Compensatory And Punitive Damages For A Personal Injury: To Tax Or Not To Tax, Douglas A. Kahn

Articles

Since the adoption in 1919 of the Revenue Act of 1918, damages received on account of personal injuries or sickness have been excluded by statute from gross income.1 This exclusion, which does not apply to reimbursements for medical expenses for which the taxpayer was previously allowed a tax deduction,2 is presently set forth in section 104(a)(2). One might expect that a provision having recently attained the ripe age of 75 years without change in its basic language would have a settled meaning. However, recent litigation under section 104(a)(2) bristles with unsettled issues. Does the exclusion apply to punitive damages? To …


Comment On Nesson, Joseph Gastwirth Nov 1991

Comment On Nesson, Joseph Gastwirth

Cardozo Law Review

No abstract provided.


Developing "Tort" Standards For The Award Of Mental Distress Damages In Statutory Discrimination Actions, Harold J. Rennett Oct 1977

Developing "Tort" Standards For The Award Of Mental Distress Damages In Statutory Discrimination Actions, Harold J. Rennett

University of Michigan Journal of Law Reform

The relation between tort remedies and discrimination has been examined extensively, yet there has been little consideration of this relationship with respect to appropriate evidentiary standards for the award of mental distress damages in discrimination cases. This article will consider such standards. After briefly tracing the history of mental distress award standards in discrimination cases, this article will critically examine present compensatory approaches in such cases and suggest an alternative philosophy more consonant with tort compensation principles.