An Argument For Cadillacs Instead Of Chevrolets: How The Legal System Can Facilitate The Needs Of The Twice-Exceptional Child,
2012
Pepperdine University
An Argument For Cadillacs Instead Of Chevrolets: How The Legal System Can Facilitate The Needs Of The Twice-Exceptional Child, Kim Millman
Pepperdine Law Review
No abstract provided.
Law Firms As Defendants: Family Responsibilities Discrimination In Legal Workplaces,
2012
Pepperdine University
Law Firms As Defendants: Family Responsibilities Discrimination In Legal Workplaces, Joan C. Williams, Stephanie Bornstein, Diana Reddy, Betsy A. Williams
Pepperdine Law Review
No abstract provided.
Keeping Discrimination Theory Front And Center In The Discourse Over Work And Family Conflict,
2012
Pepperdine University
Keeping Discrimination Theory Front And Center In The Discourse Over Work And Family Conflict, Laura T. Kessler
Pepperdine Law Review
This essay is a contribution to a symposium on balancing career and family. It frames the problem of work/family conflict as a form of sex discrimination. It demonstrates that many of the constructs commonly used to illustrate an absence of employment discrimination - such as the accident, opt-out, time-lag theories - actually fit quite comfortably within various discrimination frameworks. It also contextualizes the problem of work/family conflict within the larger issue of gender bias in the workplace, demonstrating how each contributes to and works together to produce workplace inequality for women. This approach contrasts with the traditional bifurcation of gender …
Diversity As A Dead-End ,
2012
Pepperdine University
Retaining Diversity In The Classroom: Strategies For Maximizing The Benefits That Flow From A Diverse Student Body,
2012
Pepperdine University
Retaining Diversity In The Classroom: Strategies For Maximizing The Benefits That Flow From A Diverse Student Body, Chris Chambers Goodman
Pepperdine Law Review
In Grutter v. Bollinger, the United States Supreme Court addressed the issue of whether diversity is a sufficiently compelling government interest to justify an affirmative action program that considered race and ethnicity in allocating law school admission offers. The Court determined that diversity was a compelling interest, resolving the conflict in the federal circuits on that issue. In this article, Goodman argues that the courts must examine the tightness of the fit between the goal of either achieving diversity or of realizing the benefits that flow from a diverse student body, and the means used to try to accomplish either …
How Strictly Scrutinized?: Examining The Educational Benefits The Court Relied Upon In Grutter,
2012
Pepperdine University
How Strictly Scrutinized?: Examining The Educational Benefits The Court Relied Upon In Grutter, Patrick M. Garry
Pepperdine Law Review
In Grutter v. Bollinger, the Court recognized student body diversity as a compelling state interest that justified the use of racial preferences in selecting applicants for admission to public university law schools. Normally, any state action reviewed under a strict scrutiny approach is destined for invalidation. But in Grutter, the Court bucked the trend and upheld the race-based admissions policy against a racial discrimination challenge brought under the Fourteenth Amendment's equal protection clause. Given the rarity of a state action surviving strict scrutiny review, it is instructive to examine the nature of the diversity interest recognized by the Court in …
"Making Excellence Inclusive" In Education And Beyond,
2012
Pepperdine University
"Making Excellence Inclusive" In Education And Beyond, Alma Clayton-Pedersen, Sonja Clayton-Pedersen
Pepperdine Law Review
No abstract provided.
Plessy's Ghost: Grutter, Seattle And The Quiet Reversal Of Brown,
2012
Pepperdine University
Plessy's Ghost: Grutter, Seattle And The Quiet Reversal Of Brown, D. Marvin Jones
Pepperdine Law Review
No abstract provided.
Democracy And Diversity,
2012
Pepperdine University
New Amendments To Resolving Special Education Disputes: Any Good Ideas?,
2012
Pepperdine University
New Amendments To Resolving Special Education Disputes: Any Good Ideas?, Demetra Edwards
Pepperdine Dispute Resolution Law Journal
This article first analyzes the state of affairs under the Individuals with Disabilities Education Act (IDEA), prior to the passage of the Individuals with Disabilities Education Improvement Act of 2004, and the affects that the 1997 reauthorization alternative dispute resolution amendments had on special education law. Next, this article will address the appropriateness of the newly enacted negotiation and settlement methods, specifically the resolution session provision, and the benefits and detriments for resolving special education issues using these processes. This article will further discuss the amendments regarding attorneys' fees, and finally the House's failed proposal for voluntary binding arbitration and …
Compulsory Pre-Dispute Arbitration Clauses In The Employment Context After Eeoc V. Luce, Forward, Hamilton & Scripps ,
2012
Pepperdine University
Compulsory Pre-Dispute Arbitration Clauses In The Employment Context After Eeoc V. Luce, Forward, Hamilton & Scripps , Maria Wusinich
Pepperdine Dispute Resolution Law Journal
In EEOC v. Luce, Forward, Hamilton & Scripps, decided in 2003, the Ninth Circuit Court of Appeals aligned its view with its sister circuits and with the Supreme Court regarding the enforceability of arbitration agreements in employment discrimination cases. The court held that an employee's agreement to arbitrate a claim arising under federal anti-discrimination law is enforceable. At first glance, it would appear that as far as the judicial branch is concerned, the longstanding issue of the validity of mandatory arbitration agreements in the employment context is now settled. This article, in contrast, posits that the courts will be …
Available Dispute Resolution Processes Within The Reauthorized Individuals With Disabilities Education Improvement Act (Ideia) Of 2004: Where Do Mediation Principles Fit In? ,
2012
Pepperdine University
Available Dispute Resolution Processes Within The Reauthorized Individuals With Disabilities Education Improvement Act (Ideia) Of 2004: Where Do Mediation Principles Fit In? , Andrea F. Blau
Pepperdine Dispute Resolution Law Journal
The Individual Disabilities Education Act of 1997 first offered mediation processes to parents and school systems as an available dispute resolution process. Congress mandated that mediation be made available whenever a due process hearing was filed. The intent was to assist parents and school systems in resolving their differences regarding the educational needs for children with disabilities through increased discussions and collaborative efforts; this would reduce the need for costly and adversarial litigation. Alternative dispute resolution processes have taken an increasingly dominant role within the newly reauthorized IDEIA of 2004, reflecting Congressional promotion of parent and district collaboration for achieving …
A Post-Pierce Program: Using Idr To Improve The Los Angeles Fire Department's Current Complaint And Disciplinary Procedure ,
2012
Pepperdine University
A Post-Pierce Program: Using Idr To Improve The Los Angeles Fire Department's Current Complaint And Disciplinary Procedure , Jacklyn Pawlowski Floryan
Pepperdine Dispute Resolution Law Journal
Having an alternative to litigation is important for employees and employers in all organizations and corporations. One such option is through internal dispute resolution (IDR) mechanisms. IDR mechanisms are alternative processes used instead of litigation to solve a dispute in its early stages. When organizations and corporations do not have an established set of mechanisms in place or the employees are unaware of the procedure, lawsuits result. The Los Angeles Fire Department (LAFD) is one such organization that does not have a strong, established IDR procedure in place. This paper analyzes the LAFD's current complaint and disciplinary procedure and how …
The Disability History Mystery: Assessing The Employer's Reasonable Accommodation Obligation In "Record Of Disability" Cases,
2012
Pepperdine University
The Disability History Mystery: Assessing The Employer's Reasonable Accommodation Obligation In "Record Of Disability" Cases, Michael D. Moberly
Pepperdine Law Review
No abstract provided.
Getting Parents Involved In Racially Integrated Schools,
2012
Brigham Young University Law School
Getting Parents Involved In Racially Integrated Schools, Cara Sandberg
Brigham Young University Education and Law Journal
No abstract provided.
Environmental Justice: The Significance Of Race And Class In Determining Areas Of Environmental Pollution,
2012
California Polytechnic State University, San Luis Obispo
Environmental Justice: The Significance Of Race And Class In Determining Areas Of Environmental Pollution, Kaylee Beckman
Natural Resources Management and Environmental Sciences
No abstract provided.
Torch (March/April 2012),
2012
University of Southern Maine
Torch (March/April 2012), Brandon Baldwin, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
Random Chance Or Loaded Dice: The Politics Of Judicial Designation,
2012
Roanoke College; Washington and Lee School of Law
Random Chance Or Loaded Dice: The Politics Of Judicial Designation, Todd C. Peppers, Katherine Vigilante, Christopher Zorn
The University of New Hampshire Law Review
[Excerpt] “In the 1950s and 1960s, the southern states struggled to respond to the civil rights decisions being issued by the U.S. Supreme Court as well as the new civil rights laws being passed by Congress. The judicial battleground for this perfect storm of evasion and massive resistance was found in the “old” Fifth Circuit Court of Appeals, which encompassed the states of Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas. In the “old” Fifth Circuit, a minority of liberal appeals court judges—sympathetic to the civil rights movement—used all legal and administrative power at their disposal to make sure that the …
Middle Income Peers As Educational Resources And The Constitutional Right To Equal Access,
2012
University of South Carolina - Columbia
Middle Income Peers As Educational Resources And The Constitutional Right To Equal Access, Derek W. Black
Faculty Publications
Concentrated poverty in public schools continues to be a leading determinate of the educational opportunities that minority students receive. Since the effective end of mandatory desegregation, advocates have lacked legal tools to address it. As an alternative, some advocates and scholars have attempted to incorporate the concerns of concentrated poverty and racial segregation into educational litigation under state constitutions, but these efforts have been slow to take hold. Thus, all that has remained for students in poor and minority schools is the hope that school finance litigation could direct sufficient resources to mitigate their plight. This Article offers another solution. …
Thy Fiancé Doth Protest Too Much: Third- Party Retaliation Under Title Vii After Thompson V. North American Stainless, Lp,
2012
Mercer University School of Law
Thy Fiancé Doth Protest Too Much: Third- Party Retaliation Under Title Vii After Thompson V. North American Stainless, Lp, Dodson D. Strawbridge
Mercer Law Review
"To retaliate against a man by hurting a member of his family is an ancient method of revenge . . . ." In Thompson v. North American Stainless, LP, the United States Supreme Court reversed the United States Court of Appeals for the Sixth Circuit by holding that Title VII of the Civil Rights Act of 1964 (Title VII) confers standing to sue upon an individual who suffers unlawful retaliation, even though that individual did not engage in any statutorily-protected conduct. Prior to Thompson, lower courts disagreed about whether third-party retaliation victims had proper standing to file suit …
