Diversity And The Virtual Workplace: Performance Identity And Shifting Boundaries Of Workplace Engagement, 2012 Seattle University School of Law
Diversity And The Virtual Workplace: Performance Identity And Shifting Boundaries Of Workplace Engagement, Natasha T. Martin
Faculty Articles
This article explores the meaning of workplace discrimination where reality meets the imaginary world in virtual work settings. Using a more recent development in the realm of virtual work--workplace avatars--the article considers the impact on law of virtual performance identity by workers where appearances can be altered in virtual reality.
Current protected-class approaches to antidiscrimination law have not served as the antidote to workplace bias and exclusion. Thus, the article investigates whether avatar technology holds promise for facilitating greater inclusion of marginalized workers in the contemporary workplace. Does this mode of virtual work serve as a platform for diversity or …
Disparately Seeking Jurors: Disparate Impact And The (Mis)Use Of Batson, 2012 Seattle University School of Law
Disparately Seeking Jurors: Disparate Impact And The (Mis)Use Of Batson, Anna Roberts
Faculty Articles
This Article, "Disparately Seeking Jurors: Disparate Impact and the (Mis)use of Batson," uncovers a stark inequality within Equal Protection jurisprudence. On the 25th Anniversary of the Supreme Court’s decision in Batson v. Kentucky, which established a three-step test for assessing claims of purposeful discrimination in jury selection, I present the first comprehensive research on the application by the lower federal courts of Batson’s disparate impact analysis. The results are striking. Whereas the test was developed to prevent the discriminatory removal of African American jurors from the trials of African Americans, the courts now use disparate impact analysis only to …
Reframing Roe: Property Over Privacy, 2012 Seattle University School of Law
Reframing Roe: Property Over Privacy, Becca Rausch
Faculty Articles
Roe v. Wade has received much criticism from both sides of the political spectrum. These critiques diverge divisively but for one commonality. Specifically, commentators from both the pro- and anti-choice camps have expressed concern about the absence of an express constitutional right to privacy, upon which the Supreme Court in Roe based its finding of a "fundamental" right to abortion. This lack of express constitutional provision renders the Roe decision, and its resulting reproductive rights, vulnerable. Further, pro-choice advocates find fault with the privacy basis because it yields no positive rights to funding or governmental support for accessing abortion services. …
Centering The Immigrant In The Inter/National Imagination (Part Iii): Aoki, Rawls, And Immigration, 2012 Seattle University School of Law
Centering The Immigrant In The Inter/National Imagination (Part Iii): Aoki, Rawls, And Immigration, Robert S. Chang
Faculty Articles
Fifteen years ago, Keith Aoki and Professor Robert Chang published "Centering the Immigrant in the Inter/National Imagination" in an early LatCrit symposium. Fifteen years later Professor Chang uses the occasion of the current Symposium to revisit conversations with Keith about centering the immigrant in political theory, as he addresses the issue of immigration, the rights of immigrants, and what is to be our national self-conception. What follows is a sketch that shows how centering the immigrant exposes the inattention paid to the immigrant and the issue of immigration in social contract theory. It focuses on how the immigrant might be …
Diversity Within Racial Groups And The Constitutionality Of Race Conscious Admissions, 2012 Seattle University School of Law
Diversity Within Racial Groups And The Constitutionality Of Race Conscious Admissions, Vinay Harpalani
Faculty Articles
This Article offers a novel doctrinal resolution of the key issues in Fisher v. Texas, the impending Supreme Court case which involves race-conscious admissions policies at the University of Texas at Austin ("UT"). The resolution proposed here addresses Justice Anthony Kennedy's concerns about race-conscious policies, but also preserves most of the Courts 2003 Grutter v. Bollinger ruling, in spite of the fact that Justice Kennedy dissented in Grutter. Substantively, the Article clarifies the key issues in Fisher (the meaning of "critical mass" and the scope of deference that courts give to universities) by focusing on a simple idea that permeates …
American Skin: Dispensing With Colorblindness And Critical Mass In Affirmative Action, 2012 Seattle University School of Law
American Skin: Dispensing With Colorblindness And Critical Mass In Affirmative Action, Deirdre Bowen
Faculty Articles
This exploratory empirical work examines whether students of color enjoy the benefits articulated by the U.S. Supreme Court in the Grutter decision that rationalized the continuation of affirmative action based on diversity interests. Specifically, the Court stated that affirmative action was permissible because students of all backgrounds would increase their racial understanding and decrease their racial stereotyping of minorities. Neither side was happy with the decision—both skeptical that such benefits could transpire for minority students. Yet, in the heat of continuing debate, neither group has empirical support for their arguments until now.
Using survey data of over 370 under-represented minority …
Occupying America: Dr. Martin Luther King, Jr., The American Dream, And The Challenge Of Socio-Economic Inequality, 2012 Villanova University Charles Widger School of Law
Occupying America: Dr. Martin Luther King, Jr., The American Dream, And The Challenge Of Socio-Economic Inequality, Trina Jones
Villanova Law Review
No abstract provided.
Plausibility Pleading And Employment Discrimination, 2012 University of Colorado Law School
Plausibility Pleading And Employment Discrimination, Suzette M. Malveaux
Publications
No abstract provided.
Subordinate Bias Liability, 2012 University of Arkansas at Little Rock William H. Bowen School of Law
Subordinate Bias Liability, Theresa M. Beiner
Faculty Scholarship
No abstract provided.
Overcoming Structural Barriers To Integrated Housing: A Back-To-The-Future Reflection On The Fair Housing Act's "Affirmatively Further" Mandate, 2012 University of Kentucky College of Law
Overcoming Structural Barriers To Integrated Housing: A Back-To-The-Future Reflection On The Fair Housing Act's "Affirmatively Further" Mandate, Robert G. Schwemm
Law Faculty Scholarly Articles
A key goal of the 1968 Fair Housing Act (“FHA”), which was passed as an immediate response to Dr. Martin Luther King, Jr.’s assassination, was to replace the ghettos with “truly integrated and balanced living patterns.” It hasn’t happened. Today, more than four decades after the FHA’s passage, “residential segregation remains a key feature of America’s urban landscape,” continuing to condemn new generations of minorities to a second–class set of opportunities and undercutting a variety of national goals for all citizens.
But recent developments dealing with an underutilized provision of the FHA – § 3608’s mandate that federal housing funds …
Responses To The Five Questions, 2012 Duke Law School
Responses To The Five Questions, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
The New Illegitimacy: Tying Parentage To Marital Status For Lesbian Co-Parents, 2012 Southern Methodist University, Dedman School of Law
The New Illegitimacy: Tying Parentage To Marital Status For Lesbian Co-Parents, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
Should a child be allowed two legal parents only if born into a marriage? For children of heterosexual parents, the answer, today, is definitively "no." Constitutional protection for parental rights does not permit the ties between an unwed father and his child to be severed simply because he is not married to the child's mother. But the answer is often different for the child of a lesbian mother. In a recent opinion, Debra H. v. Janice R., the New York Court of Appeals ruled that a lesbian co-parent- a woman who had participated in the conception, birth, and early rearing …
The Constitutional Right To (Keep Your) Same-Sex Marriage, 2012 Indiana University Maurer School of Law
The Constitutional Right To (Keep Your) Same-Sex Marriage, Steve Sanders
Articles by Maurer Faculty
Same-sex marriage is legal in six states, and nearly 50,000 same-sex couples have already married. Yet 43 states have adopted statutes or constitutional amendments banning same-sex marriage (typically called mini defense of marriage acts, or “mini-DOMAs”), and the vast majority of these measures not only forbid the creation of same-sex marriages, they also purport to void or deny recognition to the perfectly valid same-sex marriages of couples who migrate from states where such marriages are legal. These non-recognition laws effectively transform the marital parties into complete legal strangers to each other, with none of the customary rights or incidents of …
Is This The Beginning Of The End Of The Second Reconstruction?, 2012 Indiana University Maurer School of Law
Is This The Beginning Of The End Of The Second Reconstruction?, Luis Fuentes-Rohwer
Articles by Maurer Faculty
This article discusses the history, present, and possible future of the Voting Rights Act.
Reforming The Age Discrimination In Employment Act: Proposals And Prospects, 2012 Boston University School of Law
Reforming The Age Discrimination In Employment Act: Proposals And Prospects, Michael C. Harper
Faculty Scholarship
This article argues that the Age Discrimination in Employment Act (ADEA) should be amended to provide it with the same procedural and substantive strengths Congress has provided Title VII. The article highlights four gaps between the ADEA and Title VII: damage remedies; class actions; defenses to disparate impact actions; and causation standards for disparate treatment actions. The article also advocates other modifications of the ADEA to encourage the employment of older Americans. The article recommends compelling employers to retain productive incumbent older workers, regardless of the compensation previously promised experienced workers. It also recommends considering allowing employers to hire older …
Defusing Implicit Bias, 2012 Boston University School of Law
Defusing Implicit Bias, Jonathan Feingold, Karen Lorang
Faculty Scholarship
The February 2012 killing of Trayvon Martin has slowly reignited the national conversation about race and violence. Despite the sheer volume of debate arising from this tragedy, insufficient attention has been paid to the potentially deadly mix of guns and implicit bias. Evidence of implicit bias, and its power to alter real-world behavior, is stronger now than ever. A growing body of research on “shooter bias” reveals that, as a result of implicit bias, White and Black Americans are more likely to shoot unarmed Black men than unarmed White men. The problem has been diagnosed. What remains to be determined …
Keynote: The Crisis And Criminal Justice, 2012 Columbia Law School
Keynote: The Crisis And Criminal Justice, Bernard Harcourt
Faculty Scholarship
There has been a lot of recent debate over whether the economic crisis presents an opportunity to reduce prison populations and improve the state of criminal justice in this country. Some commentators suggest that the financial crisis has already triggered a move towards reducing the incarcerated population. Some claim that there is a new climate of bipartisanship on punishment. Kara Gotsch of the Sentencing Project, for example, suggests that we are now in a unique political climate embodied by the passage of the Second Chance Act under President George W. Bush – a climate that is substantially different than the …
The Realism Of Race In Judicial Decision Making: An Empirical Analysis Of Plaintiffs' Race And Judges' Race, 2012 University of Pittsburgh School of Law
The Realism Of Race In Judicial Decision Making: An Empirical Analysis Of Plaintiffs' Race And Judges' Race, Pat K. Chew, Robert E. Kelley
Articles
American society is becoming increasingly diverse. At the same time, the federal judiciary continues to be predominantly White. What difference does this make? This article offers an empirical answer to that question through an extensive study of workplace racial harassment cases. It finds that judges of different races reach different conclusions, with non-African American judges less likely to hold for the plaintiffs. It also finds that plaintiffs of different races fare differently, with African Americans the most likely to lose and Hispanics the most likely to be successful. Finally, countering the formalism model’s tenet that judges are color-blind, the results …
The Nutty Putty Cave, The Zen Runner And Other Allegories About Life, Death, Value And Law, 2012 University of Missouri - Kansas City, School of Law
The Nutty Putty Cave, The Zen Runner And Other Allegories About Life, Death, Value And Law, John W. Ragsdale Jr
Faculty Works
No abstract provided.
Conscientious Objection To Creating Same-Sex Unions: An International Analysis, 2012 Allard School of Law at the University of British Columbia
Conscientious Objection To Creating Same-Sex Unions: An International Analysis, Bruce Macdougall, Elsje Bonthuys, Kenneth Mck. Norrie, Marjolein Van Den Brink
All Faculty Publications
In jurisdictions that recognize same-sex marriages and unions, the question arises as to the extent to which civic officials who normally preside at such unions can refuse such participation for religious reasons. This paper examines this issue in the context of four jurisdictions: Scotland, Canada, the Netherlands and South Africa. What is striking is how different is the process of reaching a resolution in each jurisdiction, though the actual result might be the same. This difference arises because of the jurisdiction-specific reasons why same-sex marriages and unions are recognized, how they are recognized, the status of the officers who preside …