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Social and Behavioral Sciences Commons™
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Articles 1 - 3 of 3
Full-Text Articles in Social and Behavioral Sciences
Narrative And Drama In The American Trial, Robert P. Burns
Narrative And Drama In The American Trial, Robert P. Burns
Faculty Working Papers
This short essay summarizes an understanding of the trial as a medium in which law is realized or actualized, rather than imposed or enforced. It suggests that we should pay close attention to the actual practices that prevail at trial, its "consciously structured hybrid" of languages and practices, if we want to understand the nature of law.
Soul Of A Woman: The Sex Stereotyping Prohibition At Work, Kimberly A. Yuracko
Soul Of A Woman: The Sex Stereotyping Prohibition At Work, Kimberly A. Yuracko
Faculty Working Papers
In 1989 the Supreme Court in Price Waterhouse v. Hopkins declared that sex stereotyping was a prohibited from of sex discrimination at work. This seemingly simple declaration has been the most important development in sex discrimination jurisprudence since the passage of Title VII. It has been used to extend the Act's coverage and protect groups that were previously excluded. Astonishingly, however, the contours, dimensions and requirements of the prohibition have never been clearly articulated by courts or scholars. In this paper I evaluate four interpretations of what the sex stereotyping prohibition might mean in order to determine what it actually …
Consumer Harm Acts? An Economic Analysis Of Private Actions Under State Consumer Protection Acts, Henry N. Butler, Jason S. Johnston
Consumer Harm Acts? An Economic Analysis Of Private Actions Under State Consumer Protection Acts, Henry N. Butler, Jason S. Johnston
Faculty Working Papers
State Consumer Protection Acts (CPAs) were adopted in the 1960s and 1970s to protect consumers from unfair and deceptive practices that would not be redressed but for the existence of the acts. In this sense, CPAs were designed to fill existing gaps in market, legal and regulatory protections of consumers. CPAs were designed to solve two simple economic problems: 1) individual consumers often do not have the incentive or means to pursue individual claims against mass marketers who engage in unfair and deceptive practices; and, 2) because of the difficulty of establishing elements of either common law fraud or breach …