Challenging Gender Discrimination In Closely Held Firms: The Hope And Hazards Of Corporate Oppression Doctrine,
2021
Touro Law Center
Challenging Gender Discrimination In Closely Held Firms: The Hope And Hazards Of Corporate Oppression Doctrine, Meredith R. Miller
Scholarly Works
The #MeToo Movement has ushered sexual harassment out of the shadows and thrown a spotlight on the gender pay gap in the workplace. Harassment and unfair treatment have, however, been difficult to extinguish. This has been true for all workers, including partners – those women who are owners in their firms and claim that they have suffered harassment or unfair treatment based on gender. That is because a partner’s lawsuit for discrimination often will suffer an insurmountable hurdle: plaintiff’s status as a partner in the firm means that they may not be considered an “employee” under the relevant employment discrimination …
Seeking Economic Justice In The Face Of Enduring Racism,
2021
Touro Law Center
Seeking Economic Justice In The Face Of Enduring Racism, Deseriee A. Kennedy
Scholarly Works
No abstract provided.
Ruth Bader Ginsburg, Wise Legal Giant,
2021
Touro Law Center
Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer
Scholarly Works
No abstract provided.
Compared To What? Menstruation, Pregnancy, And The Complexities Of Comparison,
2021
Pace University
Compared To What? Menstruation, Pregnancy, And The Complexities Of Comparison, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications
When crafting a sex discrimination argument, finding the right comparison can be crucial. Indeed, comparison-drawing has been a key strategy for advocates challenging the constitutionality of the tampon tax. In their 2016 lawsuit challenging New York’s tampon tax, the plaintiffs alleged that the New York State Department of Taxation and Finance had imposed a “double standard” when deciding which products would be considered tax-free medical items and which would not. Similar arguments were made in the subsequent challenge to Florida's tampon tax. In both cases, the arguments had powerful rhetorical force, helping to effectuate legislative repeal of the tampon taxes …
Nine Ways Of Looking At Oklahoma City: An Essay On Sam Anderson’S Boom Town,
2021
Touro Law Center
Nine Ways Of Looking At Oklahoma City: An Essay On Sam Anderson’S Boom Town, Rodger D. Citron
Scholarly Works
No abstract provided.
Rbg And Gender Discrimination,
2021
Touro Law Center
Amicus Curiae Brief: Private For Profit Incarceration Violates The 13th Amendment Of The United States Constitution,
2021
University of Arkansas at Little Rock William H. Bowen School of Law
Amicus Curiae Brief: Private For Profit Incarceration Violates The 13th Amendment Of The United States Constitution, André Douglas Pond Cummings, Zoë Harris, Casey Bates, Natasha Cornell
Law Faculty Scholarship
The Thirteenth Amendment to the United States Constitution outlawed chattel slavery in the United States following a violent Civil War and a chilling era of slavery conducted primarily in the nation’s southern states. In passing this Amendment, Congress included a clause that excepted a certain population from this general prohibition, namely, prisoners. In what has become known as the “punishment clause,” Section I of the Thirteenth Amendment states explicitly “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their …
Sex Discrimination In Healthcare: Section 1557 And Lgbtq Rights After Bostock,
2021
West Virginia University College of Law
Sex Discrimination In Healthcare: Section 1557 And Lgbtq Rights After Bostock, Amy Post, Ashley Stephens, Valarie K. Blake
Law Faculty Scholarship
Section 1557 of the Affordable Care Act (“ACA”) banned sex discrimination in health care. In June of 2020, however, the Trump administration finalized a rule that explicitly removed sexual orientation and gender identity from Section 1557’s safeguards. That same month, the Supreme Court held that sexual orientation and gender identity discrimination are forms of sex discrimination for purposes of Title VII employment discrimination in Bostock v. Clayton County. Following the Court’s decision in Bostock, this Article argues that sex discrimination under Section 1557 necessarily encompasses gender identity and sexual orientation discrimination.
Disclosing Discrimination,
2021
University of Florida Levin College of Law
Disclosing Discrimination, Stephanie Bornstein
UF Law Faculty Publications
In the United States, enforcement of laws prohibiting workplace discrimination rests almost entirely on the shoulders of employee victims, who must first file charges with a government agency and then pursue litigation themselves. While the law forbids retaliation against employees who complain, this does little to prevent it, in part because employees are also responsible for initiating any claims of retaliation they experience as a result of their original discrimination claims. The burden on employees to complain—and their justified fear of retaliation if they do so—results in underenforcement of the law and a failure to spot and redress underlying structural …
Seeing Those We’Ve Rendered Invisible – A Clarion Call For Criminal Justice,
2021
University of Oklahoma College of Law
Seeing Those We’Ve Rendered Invisible – A Clarion Call For Criminal Justice, Stephen E. Henderson, Jordan Thomas
Faculty Articles
Jonathan Rapping, Gideon’s Promise: A Public Defender Movement to Transform Criminal Justice (Beacon Press 2020) In this brief review, we situate Rapping’s work among those demanding criminal justice reform, praise an unrelated bonus, and propose a friendly amendment to nudge his vision over the finish line of justice. It will not be enough to provide newly enabled and supported public defenders to those our systems consider indigent. We ought to provide them to us all.
Covid-19, Courts, And The 'Realities Of Prison Administration.' Part Ii: The Realities Of Litigation,
2021
Saint Louis University School of Law
Covid-19, Courts, And The 'Realities Of Prison Administration.' Part Ii: The Realities Of Litigation, Chad Flanders
All Faculty Scholarship
Lawsuits challenging prisons and jails for not doing enough to stop the spread of COVID-19 among inmates have faced mixed results in the courts: wins at the district court level are almost always followed by losses (in the form of stays of any orders to improve conditions) at the appeals court level or at the Supreme Court. This short article tries to explain why this is happening, and makes three comparisons between how district courts and appeals courts have analyzed these lawsuits. First, district courts and appeals courts tend to emphasize different facts in their decisions. District courts focus more …
Mopping Up The Mess: A Call To Adopt The Seventh Circuit’S Standard For Assessing Comparator Evidence In Title Vii Discrimination Claims,
2021
University of Georgia School of Law
Mopping Up The Mess: A Call To Adopt The Seventh Circuit’S Standard For Assessing Comparator Evidence In Title Vii Discrimination Claims, Alexander S. Edmonds
Georgia Law Review
In McDonnell Douglas Corp. v. Green, the U.S. Supreme
Court developed a framework to assist courts in assessing
individual disparate treatment claims based on
circumstantial evidence. Under that test, plaintiffs alleging
discrimination under Title VII must first show a prima facie
case of discrimination. Since McDonnell Douglas, courts have
modified the test by requiring plaintiffs to demonstrate that
they were treated less favorably than a similarly situated
comparator employee who is outside the plaintiff’s protected
class. Courts disagree, however, on what it means for
employees to be similarly situated. Some courts strictly
interpret the similarly situated requirement; others caution
against …
Fintech's Role In Exacerbating Or Reducing The Wealth Gap,
2021
Maurer School of Law - Indiana University
Fintech's Role In Exacerbating Or Reducing The Wealth Gap, Pamela Foohey, Nathalie Martin
Articles by Maurer Faculty
Research shows that Black, Latinx, and other minorities pay more for credit and banking services, and that wealth accumulation differs starkly between their households and white households. The link between debt in-equality and the wealth gap, however, remains less thoroughly explored, particularly in light of new credit products and debt-like banking services, such as early wage access and other fintech innovations. These innovations both hold the promise of reducing racial and ethnic disparities in lending and bring concerns that they may be exploited in ways that perpetuate inequality. They also come at a time when policy makers are considering how …
Toward A Law And Politics Of Racial Solidarity,
2021
Indiana University Maurer School of Law
Toward A Law And Politics Of Racial Solidarity, Luis Fuentes-Rohwer, Guy-Uriel Charles
Articles by Maurer Faculty
The killings of George Floyd, Michael Brown, Trayvon Martin, and others have occurred under different factual circumstances, in different states, at the hands of both state and private actors, and have engendered different levels of outrage on the basis of their perceived egregiousness. Collectively and cumulatively, they have forced Americans to, once again, wrestle with the visible manifestation of racism and structural inequality. This confrontation is not simply a function of the inability to avert one’s eyes when faced with incontrovertible evidence of evident inhumanity and abject degradation, though it is in part that. After all, how to justify the …
Ai, Consumer Credit, And Discrimination: A Comparative Look At Canada And The United States,
2021
Osgoode Hall Law School of York University
Ai, Consumer Credit, And Discrimination: A Comparative Look At Canada And The United States, Stephanie Ben-Ishai, Mandy Bedford
Articles & Book Chapters
No abstract provided.
First Amendment Freedoms Diluted: The Impact Of Disclosure Requirements On Nonprofit Charities,
2021
Indiana University Maurer School of Law
First Amendment Freedoms Diluted: The Impact Of Disclosure Requirements On Nonprofit Charities, Bailie Mittman
Indiana Law Journal
Since the birth of the Bill of Rights in 1791, the freedoms protected by the First Amendment have been cherished by all members of this nation. The First Amendment provides that “Congress shall make no law . . . abridging the freedom of speech.” Over time, courts have acknowledged that the freedom to speak freely means very little if the guarantee is not protected by an additional right: the freedom to associate. Thus, the freedom of expressive association stands as an essential component of an individual’s free speech rights and state infringement on associative rights has the power of potentially …
Table Of Contents,
2021
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents and Special Thanks.
My Friend, Charles Reich,
2021
Touro University Jacob D. Fuchsberg Law Center
Standing Rock Thunderhawk Litigation Advances In Appeals Court And In Discovery Toward Trial,
2021
Columbia Law School
Standing Rock Thunderhawk Litigation Advances In Appeals Court And In Discovery Toward Trial, Columbia Center For Contemporary Critical Thought
Columbia Center for Contemporary Critical Thought
New York, January 25, 2021 — Advancing yet another step toward trial set for August 2021, the Standing Rock Thunderhawk litigation is now in discovery against Morton County and TigerSwan, LLC, and briefed on qualified immunity at the U.S. Court of Appeals for the Eighth Circuit.
How Increased Legal Representation Can Close The Gap In Special Education Discrepancies,
2021
Touro University Jacob D. Fuchsberg Law Center
How Increased Legal Representation Can Close The Gap In Special Education Discrepancies, Todd Carney
Touro Law Review
This piece looks at how the existing education regime has led to disparities between white and minority students. The paper finds that the disparity gets even worse when special education is factored in. The reason so many low-income and minority students with disabilities receive such a poor education is that they do not have the proper legal representation to demand the rights that they are guaran- teed under US law. This paper looks at how low-income and minority families have been cheated out of proper legal representation in other areas and how receiving the necessary legal representation can lead to …
