Agostini V. Felton: Redefining The Establishment Of Religion Through A Modification Of The Lemon Test,
2012
Pepperdine University
Agostini V. Felton: Redefining The Establishment Of Religion Through A Modification Of The Lemon Test, Christian W. Johnston
Pepperdine Law Review
No abstract provided.
California Supreme Court Survey - A Review Of Decisions: December 1997-March 1998,
2012
Pepperdine University
California Supreme Court Survey - A Review Of Decisions: December 1997-March 1998, Leallen Frost
Pepperdine Law Review
No abstract provided.
Will Motive, Opportunity Or Recklessness No Longer Constitute Scienter For Fraud? A Survey Of Recent Federal District Court Decisions After The Enactment Of The 1995 Private Securities Litigation Reform Act ,
2012
Pepperdine University
Will Motive, Opportunity Or Recklessness No Longer Constitute Scienter For Fraud? A Survey Of Recent Federal District Court Decisions After The Enactment Of The 1995 Private Securities Litigation Reform Act , Lisa A. Herrera
Pepperdine Law Review
No abstract provided.
No Duty To Rescue: Can Americans Really Leave A Victim Lying In The Street? What Is Left Of The American Rule, And Will It Survive Unabated?,
2012
Pepperdine University
No Duty To Rescue: Can Americans Really Leave A Victim Lying In The Street? What Is Left Of The American Rule, And Will It Survive Unabated?, Jennifer L. Groninger
Pepperdine Law Review
No abstract provided.
Thurgood Marshall And The Holy Grail—The Due Process Jurisprudence Of A Consummate Jurist,
2012
Pepperdine University
Thurgood Marshall And The Holy Grail—The Due Process Jurisprudence Of A Consummate Jurist, Richard H. W. Maloy
Pepperdine Law Review
No abstract provided.
Should Prudential Standing Requirements Be Applied In Transferred Impact Sexual Harassment Cases? An Analysis Of Childress V. City Of Richmond,
2012
Pepperdine University
Should Prudential Standing Requirements Be Applied In Transferred Impact Sexual Harassment Cases? An Analysis Of Childress V. City Of Richmond, Robert J. Aalberts, Lorne H. Seidman
Pepperdine Law Review
No abstract provided.
Shareholder Demands For Higher Corporate Earnings Have Their Price: How Courts Allow Employers To Fire Older Employees For Their Achievements,
2012
Pepperdine University
Shareholder Demands For Higher Corporate Earnings Have Their Price: How Courts Allow Employers To Fire Older Employees For Their Achievements, Kester Spindler
Pepperdine Law Review
No abstract provided.
Bragdon V. Abbott: The Supreme Court's Anti-Discrimination Advocacy And The Reopening Of Pandora's Box ,
2012
Pepperdine University
Bragdon V. Abbott: The Supreme Court's Anti-Discrimination Advocacy And The Reopening Of Pandora's Box , Brett D. Watson
Pepperdine Law Review
No abstract provided.
Burlington Industries, Inc. V. Ellerth: “Whole-Cloth Creation” Or Manifestation Of Congressional Intent?,
2012
Pepperdine University
Burlington Industries, Inc. V. Ellerth: “Whole-Cloth Creation” Or Manifestation Of Congressional Intent?, John Corrington
Pepperdine Law Review
No abstract provided.
"A Land Of Strangers": Communitarianism And The Rejuvenation Of Intermediate Associations,
2012
Pepperdine University
"A Land Of Strangers": Communitarianism And The Rejuvenation Of Intermediate Associations, Derek E. Brown
Pepperdine Law Review
No abstract provided.
Political Question Or Judicial Query: An Examination Of The Modern Doctrine And Its Inapplicability To Human Rights Mass Tort Litigation,
2012
Pepperdine University
Political Question Or Judicial Query: An Examination Of The Modern Doctrine And Its Inapplicability To Human Rights Mass Tort Litigation, Nancy S. Williams
Pepperdine Law Review
No abstract provided.
State Action And The Supreme Court's Emerging Consensus On The Line Between Establishment And Private Religious Expression,
2012
Pepperdine University
State Action And The Supreme Court's Emerging Consensus On The Line Between Establishment And Private Religious Expression, Michael W. Mcconnell
Pepperdine Law Review
No abstract provided.
Disentangling Symmetries: Speech, Association, Parenthood,
2012
Pepperdine University
Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000,
2012
Pepperdine University
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
The Legal Revolution In American Women’S Rights—And The Problems That Remain,
2012
Cornell University
The Legal Revolution In American Women’S Rights—And The Problems That Remain, Sonia Pressman Fuentes
Avon Global Center for Women and Justice and Dorothea S. Clarke Program in Feminist Jurisprudence
No abstract provided.
With Religious Liberty For All: A Defense Of The Affordable Care Act's Contraception Coverage Mandate,
2012
BYU Law
With Religious Liberty For All: A Defense Of The Affordable Care Act's Contraception Coverage Mandate, Frederick Mark Gedicks
Faculty Scholarship
The “contraception mandate” of the Patient Protection and Affordable Care Act of 2010 poses a straightforward question for religious liberty jurisprudence: Must government excuse a believer from complying with a religiously burdensome law, when doing so would violate the liberty of others by imposing on them the costs and consequences of religious beliefs that they do not share? To ask this question is to answer it: One's religious liberty does not include the right to interfere with the liberty of others, and thus religious liberty may not be used by a religious employer to force employees to pay the costs …
The Art Of Persuasion: International/Comparative Human Rights, The Supreme Court Of Canada And The Reconstitution Of The Canadian Security Certificate Regime,
2012
Osgoode Hall Law School of York University
The Art Of Persuasion: International/Comparative Human Rights, The Supreme Court Of Canada And The Reconstitution Of The Canadian Security Certificate Regime, Graham Hudson
PhD Dissertations
In this dissertation, the author explores the jurisprudential foundations of the “relevant and persuasive” doctrine, which authorizes Canadian judges to rely on international and comparative human rights when interpreting the Charter of Rights and Freedoms. Viewed in its best light, this doctrine improves respect for human rights in two distinct ways: securing Canada’s compliance with its international human rights obligations and enhancing the responsiveness of state law to the global and multicultural context of Canadian society. However, actual jurisprudence suggests that the doctrine has helped undermine principles of respect for constitutional supremacy and respect for international law, in part because …
Abandoning Women To Their Rights: What Happens When Feminist Jurisprudence Ignores Birthing Rights,
2012
University of Maryland Francis King Carey School of Law
Abandoning Women To Their Rights: What Happens When Feminist Jurisprudence Ignores Birthing Rights, Rebecca A. Spence
Student Articles and Papers
The goals of the Article are twofold. First, this Article will demonstrate that while birthing rights issues have been familiar areas of concern for feminist scholarship on women's rights to privacy and equality, neglecting to integrate this work into the law school classroom fails to promote effective legal advocacy for pregnant women. The violation of women's rights during childbirth is a more common problem than reported legal opinions indicate, and few lawyers are prepared to protect clients prospectively or to vindicate women's rights post-childbirth.
Shifting The Burden: Genuine Disputes And Employment Discrimination Standards Of Proof,
2012
University of Arkansas Little Rock
Shifting The Burden: Genuine Disputes And Employment Discrimination Standards Of Proof, Barrett S. Moore
University of Arkansas at Little Rock Law Review
Enacted for the purpose of battling workplace discrimination by targeting discrimination against minorities and the disadvantaged, Title VII has become somewhat of an apparition for good-intentioned employers seeking to follow the law. For example, in Ricci v. DeStefano, the city of New Haven, Connecticut refused to hire white firefighters based on a qualification test because to do so would produce the outcome of hiring too few minority firefighters. Despite New Haven's good intentions, the hiring process illegally brought race into the hiring process, thereby showing that America's relationship with civil rights legislation has come full circle.
At the center of …
Subordinate Bias Liability,
2012
University of Arkansas at Little Rock William H. Bowen School of Law
Subordinate Bias Liability, Theresa M. Beiner
University of Arkansas at Little Rock Law Review
Often, decisions regarding employment are made with the input of or based on the observations of more than one person. This presents complications for employment discrimination plaintiffs seeking to prove discriminatory animus resulting in an adverse employment decision for the plaintiff. Specifically, many plaintiffs are left to deal with the unresolved issue of whether they have a claim for employment discrimination when a discriminating non-decision making coworker or direct supervisor supplies incorrect or distorted information to their superiors who have the authority to fire them. This is known as the "cat's paw" theory of liability or "subordinate bias liability."
The …
