| Author | Title | Citation | Summary | Year |
| Benjamin I. Sachs |
EMPLOYMENT LAW AS LABOR LAW |
29 Cardozo Law Review 2685 (May, 2008) |
More than seventy years ago, the United States Congress centralized nearly all of American labor law into a single federal statute. The National Labor Relations Act (NLRA or the Act) was designed to be sweepingly broad, dictating the kinds of employees who could organize, the types of organizations workers could form, and the subjects over which... |
2008 |
| David A. Lowe |
ENFORCING THE EMPLOYMENT RIGHTS OF AMERICAN WORKERS ABROAD |
24 Labor Lawyer 213 (Fall, 2008) |
As the economy continues its steady march toward globalization, more companies are becoming multinational, and more Americans are working overseas. American employers are increasingly sending U.S. workers on expatriate assignments to explore new markets, supervise the construction of foreign facilities, negotiate with overseas suppliers, or manage... |
2008 |
| Frank L. Day, Jr. |
FEDERAL EMPLOYMENT DISCRIMINATION--JONES v. R.R. DONNELLEY & SONS CO.: THE INADEQUACY OF THE FEDERAL "CATCHALL" STATUTE OF LIMITATIONS |
38 University of Memphis Law Review 231 (Winter, 2008) |
I. Introduction. 232 II. The History of § 1981. 233 III. Determining the Appropriate Limitations Period for § 1981 Claims Before Congress Enacted the Four-Year Catchall Statute of Limitations. 239 IV. The Federal Catchall Statute of Limitations & Its Purposes. 243 V. The Context and Holding of Jones v. R.R. Donnelley & Sons Co.. 246 VI. Does § 1658... |
2008 |
| Elizabeth M. Ellis |
GARCETTI V. CEBALLOS: PUBLIC EMPLOYEES LEFT TO DECIDE "YOUR CONSCIENCE OR YOUR JOB" |
41 Indiana Law Review 187 (2008) |
The Supreme Court recognized that the First Amendment was fashioned to assure unfettered interchange of ideas for the bringing about of political and social changes desired by the people. Memorializing that ideal, the Supreme Court stated that the government may not deny a benefit to a person on a basis that infringes his constitutionally... |
2008 |
| Tristin K. Green |
INSULAR INDIVIDUALISM: EMPLOYMENT DISCRIMINATION LAW AFTER LEDBETTER V. GOODYEAR |
43 Harvard Civil Rights-Civil Liberties Law Review 353 (Summer 2008) |
When the Supreme Court decided Ledbetter v. Goodyear Tire and Rubber Co. last year, holding that an employee must assert a Title VII pay discrimination claim within 180 days of when the pay decision was first made, commentators--both legal and non-legal--immediately recognized the obstacle the decision poses for individuals suffering from... |
2008 |
| Lee Reeves |
PRAGMATISM OVER POLITICS: RECENT TRENDS IN LOWER COURT EMPLOYMENT DISCRIMINATION JURISPRUDENCE |
73 Missouri Law Review 481 (Spring, 2008) |
Introduction. 482 I. The Limits of Political Affiliation as an Explanatory Variable in Employment Discrimination Cases. 484 II. Toward A Pragmatic Theory of Employment Discrimination Jurisprudence: Aggregate Trends in Workload and Employment Discrimination Filings. 496 A. Aggregate Trends in District Court. 496 B. Aggregate Trends in the Courts of... |
2008 |
| Sandra B. Durant |
THE APPLICATION OF AMERICAN ANTI-DISCRIMINATION LAWS IN A GLOBAL WORK ENVIRONMENT |
54 Practical Lawyer 29 (August 1, 2008) |
It shall be an unlawful employment practice for an employer...to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individual's race, color, religion, sex or national origin. 42 U.S.C.... |
2008 |
| Carl H. Esbeck |
THE APPLICATION OF RFRA TO OVERRIDE EMPLOYMENT NON-DISCRIMINATION CLAUSES EMBEDDED IN FEDERAL SOCIAL SERVICE PROGRAMS |
9 Engage: The Journal of the Federalist Society Practice Groups 140 (June 1, 2008) |
The basic federal employment nondiscrimination law is Title VII of the Civil Rights Act of 1964. The Act prohibits discrimination in employment on the basis of race, color, national origin, sex, or religion, and is binding when an employer has fifteen or more employees. However, section 702(a) of the act acknowledges the freedom of religious... |
2008 |
| David L. Hudson Jr. |
THE GARCETTI EFFECT |
94-JAN ABA Journal 16 (January, 2008) |
When he dismissed their federal claims last March, U.S. District Judge W. Allen Pepper Jr. was nevertheless pained at the fate of three Mississippi prison officials who claimed retaliation after they reported that a fellow officer had beaten an inmate. The judge knew where to direct his misgivings: at the U.S. Supreme Court's 2006 decision Garcetti... |
2008 |
| Nicole B. Porter |
THE PERFECT COMPROMISE: BRIDGING THE GAP BETWEEN AT-WILL EMPLOYMENT AND JUST CAUSE |
87 Nebraska Law Review 62 (2008) |
I. Introduction. 63 II. The Law. 66 A. Employment At-Will Presumption. 66 B. Common Law Exceptions. 67 C. Statutory Exceptions. 68 III. Dismissing the Alternatives. 70 A. The Problem with At-Will Employment. 70 1. Inconsistency and Mass Confusion. 70 2. The Egregious Termination Cases. 71 3. Undermines Anti-Discrimination Statutes. 75 B. The... |
2008 |
| Daria Roithmayr |
THEM THAT HAS, GETS |
27 Mississippi College Law Review 373 (2007-2008) |
In 2004, sociologists Robert Sampson and Jeffrey Morenoff published a remarkable study on the persistence of poverty in Chicago neighborhoods from 1970 to 1990. The authors made several important findings. First, those neighborhoods that were poor in 1970 were almost all poor twenty years later in 1990. Even as poverty rates dramatically increased... |
2008 |
| Brian P. McCarthy |
TRANS EMPLOYEES AND PERSONAL APPEARANCE STANDARDS UNDER TITLE VII |
50 Arizona Law Review 939 (2008) |
Transgender and transsexual individuals, collectively known as transpeople, are routinely demoted, terminated, or denied employment simply because of their appearance. For many years, trans employees have been unable to challenge such discriminatory practices under Title VII. This Note explores the status of trans employees in the jurisprudence of... |
2008 |
| Jessica Fink |
UNINTENDED CONSEQUENCES: HOW ANTIDISCRIMINATION LITIGATION INCREASES GROUP BIAS IN EMPLOYER-DEFENDANTS |
38 New Mexico Law Review 333 (Spring, 2008) |
Since the passage of Title VII of the Civil Rights Act of 1964, countless individuals have turned to the courts to redress alleged violations of their civil rights. Indeed, in the four-plus decades since the passage of Title VII, discrimination claims brought under Title VII (along with its counterparts within the federal antidiscrimination... |
2008 |
| Keaton Wong |
WEIGHING INFLUENCE: EMPLOYMENT DISCRIMINATION AND THE THEORY OF SUBORDINATE BIAS LIABILITY |
57 American University Law Review 1729 (August, 2008) |
Introduction. 1729 I. Background. 1735 A. The Anti-Discrimination Statutes. 1735 B. Agency Principles. 1737 II. The Theory of Subordinate Bias Liability. 1739 A. The Mere Influence or Involvement Standard. 1740 1. Influence. 1741 2. Involvement. 1742 3. Influence and involvement. 1743 B. The Actual Decision-Maker Standard. 1744 C. The Causal Nexus... |
2008 |
| Kara M. Farina |
WHEN DOES DISCRIMINATION "OCCUR?": THE SUPREME COURT'S LIMITATION ON AN EMPLOYEE'S ABILITY TO CHALLENGE DISCRIMINATORY PAY UNDER TITLE VII |
38 Golden Gate University Law Review 249 (Winter 2008) |
After working for the same company for over fifteen years and just before her retirement, Violet discovered that she was earning only sixty percent of what her male co-workers were making. Violet, an employee of Tiremaker, had no reason to suspect such a significant discrepancy in her pay because she was first hired at a starting salary equivalent... |
2008 |
| Paul M. Secunda |
WHITHER THE PICKERING RIGHTS OF FEDERAL EMPLOYEES? |
79 University of Colorado Law Review 1101 (2008) |
As a result of the Supreme Court's 1983 decision in Bush v. Lucas, federal employees are not permitted to bring Bivens constitutional tort claims directly to federal court to vindicate their First Amendment rights to free speech under Pickering v. Board of Education. Instead, the Bush Court found that Congress had established an effective,... |
2008 |
| William T. Bielby , Pamela Coukos |
"STATISTICAL DUELING" WITH UNCONVENTIONAL WEAPONS: WHAT COURTS SHOULD KNOW ABOUT EXPERTS IN EMPLOYMENT DISCRIMINATION CLASS ACTIONS |
56 Emory Law Journal 1563 (2007) |
When statistical evidence is offered in a litigation context, the result can be bad law and bad statistics. In recent high-profile, high-stakes employment discrimination class actions against large multinationals like UPS, Wal-Mart, and Marriott, plaintiffs have claimed that decentralized and highly discretionary management practices result in... |
2007 |
| Deanna C. Brinkerhoff |
A MORE EMPLOYEE-FRIENDLY STANDARD FOR PRETEXT CLAIMS AFTER ASH V. TYSON |
8 Nevada Law Journal 474 (Fall 2007) |
A recent Gallup Poll reported that fifteen percent of American workers claim their employers discriminated against them during a one-year period spanning from 2004 to 2005. The most frequent type of discrimination occurred in promotion decisions, which comprised thirty-three percent of the total reported incidents. Employment discrimination cases... |
2007 |
| Tristin K. Green |
A STRUCTURAL APPROACH AS ANTIDISCRIMINATION MANDATE: LOCATING EMPLOYER WRONG |
60 Vanderbilt Law Review 849 (April, 2007) |
I. Defining a Structural Approach. 854 A. The Problem of Structural Discrimination: Implicit Bias and Organizational Context. 854 B. A Structural Approach to Employment Discrimination Law: Seeking Change in Organizational Context. 857 II. Reclaiming the Normative Core of Employment Discrimination Law. 865 A. A Meaningful Normative Divide: Costs and... |
2007 |
| Christine Neylon O'Brien , Jonathan J. Darrow |
ADVERSE EMPLOYMENT CONSEQUENCES TRIGGERED BY CRIMINAL CONVICTIONS: RECENT CASES INTERPRET STATE STATUTES PROHIBITING DISCRIMINATION |
42 Wake Forest Law Review 991 (Winter 2007) |
In a scene from the movie Good Will Hunting, an M.I.T. mathematics professor mistakenly reprimands Will, the brilliant young janitor played by Matt Damon, for writing on the blackboard where he is actually solving an impossibly difficult equation. After the professor realizes that Will has solved the problem rather than defaced the board, he tracks... |
2007 |
| by Barbara J. Fick |
BCI Coca-Cola Bottling Co. of Los Angeles |
34 Preview of United States Supreme Court Cases 391 (April 16, 2007) |
In litigating a disparate treatment discrimination lawsuit under Title VII, the plaintiff must prove that the defendant's decision was based on a prohibited motive, such as race. When only one person is involved in making a decision, it is that person's motive which is at issue. But if multiple persons play a role in the decision-making process, it... |
2007 |
| Julie C. Suk |
DISCRIMINATION AT WILL: JOB SECURITY PROTECTIONS AND EQUAL EMPLOYMENT OPPORTUNITY IN CONFLICT |
60 Stanford Law Review 73 (October, 2007) |
The conventional wisdom amongst scholars and advocates of employment discrimination law is that the success of Title VII is significantly hampered by the enduring doctrine of employment at will. As long as employers have broad discretion to fire employees for any reason, no reason, or a bad reason, employers can easily get away with terminating or... |
2007 |
| |
DISPUTE RESOLUTION IN ACTION: EXAMINING THE REALITY OF EMPLOYMENT DISCRIMINATION CASES: PROCEEDINGS OF THE 2007 ANNUAL MEETING, ASSOCIATION OF AMERICAN LAW SCHOOLS, SECTIONS ON EMPLOYMENT DISCRIMINATION AND ALTERNATIVE DISPUTE RESOLUTION |
11 Employee Rights and Employment Policy Journal 139 (2007) |
Michelle A. Travis : Welcome to our panel on Dispute Resolution in Action: Examining the Reality of Employment Discrimination Cases, which is jointly sponsored by the AALS Section on Employment Discrimination and the AALS Section on Alternative Dispute Resolution (ADR). I am Michelle Travis, from the University of San Francisco School of Law. I am... |
2007 |
| Diane Heckman |
EDUCATIONAL ATHLETIC EMPLOYMENT AND CIVIL RIGHTS: EXAMINING DISCRIMINATION BASED ON DISABILITY, AGE, AND RACE |
18 Marquette Sports Law Review 101 (Fall 2007) |
I. Introduction II. Disability Discrimination A. Individuals with Disabilities Education Act (IDEA) B. Section 504 of the Rehabilitation Act of 1973 (Rehabilitation Act) C. Americans with Disabilities Act of 1990 (ADA) i. Title III: Public Accommodation 1. Generally 2. PGA Tour, Inc. v. Martin ii. Title II: Public Entities iii. Title I: Employment... |
2007 |
| Kaylin Redman Hart |
EMPLOYMENT LAW-TITLE VII AND THE ANTI-RETALIATION PROVISION-BEYOND EMPLOYMENT AND THE WORKPLACE: THE UNITED STATES SUPREME COURT RESOLVES THE SPLIT AND SHIFTS THE BALANCE. BURLINGTON NORTHERN & SANTA FE CO. V. WHITE, 126 S. CT. 2405 (2006). |
29 University of Arkansas at Little Rock Law Review 569 (Spring, 2007) |
Employers have always known that it is foolish to take action against an employee following protected activity, and now, after the Supreme Court's decision in Burlington Northern & Santa Fe Railway Co. v. White, employers should proceed with even greater caution. In 2005, 29.5% of all illegal discrimination claims filed with the Equal Employment... |
2007 |
| Naomi C. Earp |
FORTY-THREE AND COUNTING: EEOC'S CHALLENGES AND SUCCESSES AND EMERGING TRENDS IN THE EMPLOYMENT ARENA |
25 Hofstra Labor and Employment Law Journal 133 (Fall 2007) |
Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. In the years before and immediately after the passage of Title VII of the Civil Rights Act of 1964, discrimination was blatant and pervasive, as... |
2007 |
| Michael Bentley |
HOW AMERICAN EMPLOYERS (ALMOST) LEARNED TO RESPECT THEIR ELDERS: SMITH V. CITY OF JACKSON AND THE AVAILABILITY OF THE DISPARATE IMPACT THEORY UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT |
26 Mississippi College Law Review 347 (2006-2007) |
Age must give way to youth, no doubt. But not yet, not yet. Thirty-four years after the Supreme Court first sensed that built-in headwinds might perpetuate discriminatory employment practices and thus violate Title VII of the Civil Rights Act, even absent a discriminatory intent, the Court extended its disparate impact theory to claims brought... |
2007 |
| Naomi Schoenbaum |
IT'S TIME THAT YOU KNOW: THE SHORTCOMINGS OF IGNORANCE AS FAIRNESS IN EMPLOYMENT LAW AND THE NEED FOR AN "INFORMATION-SHIFTING" MODEL |
30 Harvard Journal of Law & Gender 99 (Winter, 2007) |
Knowledge is power; so, too, is the ability to control access to knowledge, and it must be wielded with awareness and purpose. This is equally as true in the employment context as in other realms, and it is paramount at the hiring stage. During the hiring stage, employers have a wealth of information about what criteria they are looking for in... |
2007 |
| Gwendolyn Leachman, Ph.D., Jurisprudence and Social Policy, 2010 (UC Berkeley) |
JORDAN V. ALTERNATIVE RES. CORP.: THE FOURTH CIRCUIT LIMITS PROTECTION FROM RETALIATION FOR EMPLOYEES REPORTING A HOSTILE WORK ENVIRONMENT |
28 Berkeley Journal of Employment and Labor Law 599 (2007) |
An employee makes a grossly racially discriminatory remark at work, and is discovered to have made many similar comments in the past. Is the fellow employee who reports the remark to his employer--pursuant to the employer's anti-discrimination policy--protected from retaliatory discharge? If you said yes, you're not a reasonable person, at least... |
2007 |
| Tanya Katerí Hernández |
LATINO INTER-ETHNIC EMPLOYMENT DISCRIMINATION AND THE "DIVERSITY" DEFENSE |
42 Harvard Civil Rights-Civil Liberties Law Review 259 (Summer, 2007) |
For the great enemy of truth is very often not the lie--deliberate, contrived and dishonest--but the myth, persistent, persuasive and unrealistic. With the growing racial and ethnic diversity of the U.S. population and workforce, scholars have begun to address the ways in which coalition building across groups not only will continue to be necessary... |
2007 |
| Charles W. “Rocky” Rhodes |
PUBLIC EMPLOYEE SPEECH RIGHTS FALL PREY TO AN EMERGING DOCTRINAL FORMALISM |
15 William & Mary Bill of Rights Journal 1173 (April, 2007) |
Long live formalism. It is what makes a government a government of laws and not of men. Despite this toast from Justice Scalia in 1997, formalism's use in constitutional discourse had waned considerably in the decades since the New Deal. The pre-New Deal Court's formalism preference, evident in its rule-based categorical distinctions between... |
2007 |
| Irina Kashcheyeva |
REACHING A COMPROMISE: HOW TO SAVE MICHIGAN EX-OFFENDERS FROM UNEMPLOYMENT AND MICHIGAN EMPLOYERS FROM NEGLIGENT HIRING LIABILITY |
2007 Michigan State Law Review 1051 (Winter 2007) |
C1-3Table of Contents L1-2Introduction . L31052 I. Survey of Negligent Hiring Doctrine in Michigan. 1055 A. Negligent Hiring in Michigan at Its Nascent Stage. 1056 B. An Evasive Concept of Legal Duty: The Triggering Factors. 1057 C. Establishing Proximate Causation: In the Hands of Jurors?. 1060 II. Records-Based Employment Discrimination: Federal... |
2007 |
| Nicole B. Porter |
REASONABLE BURDENS: RESOLVING THE CONFLICT BETWEEN DISABLED EMPLOYEES AND THEIR COWORKERS |
34 Florida State University Law Review 313 (Winter, 2007) |
This Article addresses one of the most difficult issues under the reasonable accommodation provision of the Americans with Disabilities Act (ADA): how to resolve the conflict that arises when accommodating a disabled employee negatively affects or interferes with the rights of other employees. Several scholars and the Supreme Court (in U.S.... |
2007 |
| Sandra F. Sperino |
RECREATING DIVERSITY IN EMPLOYMENT LAW BY DEBUNKING THE MYTH OF THE MCDONNELL DOUGLAS MONOLITH |
44 Houston Law Review 349 (Summer 2007) |
I. Introduction. 350 II. The Importance of State Law in Developing Discrimination Law. 353 III. Creating and Maintaining the Monolithic Myth. 359 A. The McDonnell Douglas Framework. 360 B. Examining the Origins of the Monolithic Standard. 362 C. Discussing Federalism Through Specific Examples. 365 1. Examining Reverse-Discrimination Standards. 366... |
2007 |
| Jennifer D. Growe |
REFORM THE EEOC GUIDELINES: PROTECT EMPLOYEES FROM GENDER DISCRIMINATION AS MANDATED BY TITLE VII |
24 Washington University Journal of Law and Policy 275 (2007) |
Although Title VII of the Civil Rights Act of 1964 (Title VII or the Act) expressly prohibits sex discrimination in employment, the courts and the Equal Employment Opportunity Commission (EEOC), empowered with enforcing Title VII, have promulgated different standards for sexual harassment and sex discrimination. This phenomenon has had the... |
2007 |
| Anjetta McQueen |
SECURITY BLANKET: THE STATE SECRETS PRIVILEGE THREAT TO PUBLIC EMPLOYMENT RIGHTS |
22 Labor Lawyer 329 (Winter/Spring, 2007) |
Because it is so powerful and can trample legitimate claims against the government, the state secrets privilege is not to be lightly invoked. In January 2006, the Supreme Courtwithout commentdeclined to hear an appeal by a former covert Central Intelligence Agency (CIA) officer who had accused the agency of race discrimination. Jeffrey... |
2007 |
| Lorrie E. Bradley |
STRIKING BACK AGAINST RETALIATORY DISCRIMINATION: HOW BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANY V. WHITE EXPANDS PROTECTIONS FOR EMPLOYEES UNDER TITLE VII'S PARTICIPATION AND OPPOSITION CLAUSES |
85 North Carolina Law Review 1224 (May, 2007) |
What happens when someone claims she has been discriminated against at work? We usually focus on two actors: the aggrieved employee and the employer. The reports, charges, and court filings, however, often reveal a wider cast of characters, including the claimant's coworkers, supervisors, and occasionally organized groups in the workplace or... |
2007 |
| Dennis R. Kuhn , John A. Pearce II |
THE LEGALITY OF USING EMPLOYEE APPEARANCE POLICIES TO PROMOTE ORGANIZATIONAL CULTURE |
24 Hofstra Labor and Employment Law Journal 181 (Winter 2007) |
An organizational culture is a learned body of tradition consisting of the beliefs, norms, values, and premises that are held by the members of an organization, and provides the basis for behavior that satisfies the standards of group membership. Since organizational culture influences employee attitudes on commitment, motivation, morale, and... |
2007 |
| Ritu Mahajan |
THE NAKED TRUTH: APPEARANCE DISCRIMINATION, EMPLOYMENT, AND THE LAW |
14 Asian American Law Journal 165 (May, 2007) |
Physical beauty elicits benefits that are more than skin deep. In every aspect of our lives we are reminded that appearance matters. Evidence suggests that society tends to attribute to those who are physically attractive the added qualities of sociability, friendliness, and competence. The appropriate standards for appearance are measured and... |
2007 |
| Anand Swaminathan |
THE RUBRIC OF FORCE: EMPLOYMENT DISCRIMINATION IN THE CONTEXT OF SUBTLE BIASES AND JUDICIAL HOSTILITY |
3 Modern American 21 (Spring, 2007) |
When the United States Supreme Court instructed lower federal courts to enforce Brown v. Board of Education with all deliberate speed, it made vagueness and gradualism its official policy for social advancement. Fifty years along the path of gradualism, has our society lost the ability to make continuing progress in combating racial... |
2007 |
| LaToya S. Brown |
THE TITLE VII TUG-OF-WAR: APPLICATION OF U.S. EMPLOYMENT DISCRIMINATION LAW EXTRATERRITORIALLY |
40 Vanderbilt Journal of Transnational Law 833 (May, 2007) |
Companies around the world increasingly are engaging in cross-border business transactions. Globalization is a must if companies want to continue to be competitive in the marketplace--indeed it is an inevitable reality. However, in the midst of this reality is another reality: the legal implications of establishing operations abroad. Transnational... |
2007 |
| Ernest F. Lidge III |
WHAT TYPES OF EMPLOYER ACTIONS ARE COGNIZABLE UNDER TITLE VII?: THE RAMIFICATIONS OF BURLINGTON NORTHERN & SANTA FE RAILROAD CO. V. WHITE |
59 Rutgers Law Review 497 (Spring 2007) |
In Burlington Northern & Santa Fe Railroad Co. v. White, the Supreme Court discussed two open questions regarding coverage under Title VII. Both questions relate to the kinds of employer actions that will trigger liability under Title VII's anti-retaliation provision. First, does the employer's retaliatory action have to be related to the... |
2007 |
| Clare Tower Putnam |
WHEN CAN A LAW FIRM DISCRIMINATE AMONG ITS OWN EMPLOYEES TO MEET A CLIENT'S REQUEST? REFLECTIONS ON THE ACC'S CALL TO ACTION |
9 University of Pennsylvania Journal of Labor and Employment Law 657 (Spring 2007) |
Robert Black and William White are senior associates at Makeus Lotsuf Munnie, LLP, a large law firm in Metropolis. They both went to good colleges and the same top-tier law school. The firm has several hundred lawyers and has had success over the years in hiring, retaining and promoting female and minority attorneys. Both Bob and Will have done... |
2007 |
| Yoonjo J. Lee |
WHITE PRIVILEGE OR BLESSING?: STANDING TO SUE AS NON-TARGETED BYSTANDERS OF RACIAL DISCRIMINATION IN HOUSING AND EMPLOYMENT |
28 Hamline Journal of Public Law and Policy 557 (Spring 2007) |
As elite judges summarily determine which interests are worthy of legal cognizance, they unsurprisingly embrace concerns that strike closest to home, sustaining harms that mirror the experiences and predilections of their own lives. In the early 1920's, in a forgotten portion of New York City, Paul was born to Italian immigrants. During that time... |
2007 |
| William Lynch |
A NATION ESTABLISHED BY IMMIGRANTS SANCTIONS EMPLOYERS FOR REQUIRING ENGLISH TO BE SPOKEN AT WORK: ENGLISH-ONLY WORK RULES AND NATIONAL ORIGIN DISCRIMINATION |
16 Temple Political & Civil Rights Law Review 65 (Fall 2006) |
As Gregor Samsa awoke one morning from uneasy dreams he found himself transformed in his bed into a gigantic insect. Pedro Perez awoke one morning from uneasy dreams. Arriving at work at 6:30 a.m. sharp, he found posted on the wall: Absolutely No Guns, Knives or Weapons of any kind are allowed on these Premises at any time! English is the... |
2006 |
| Linda Hamilton Krieger , Susan T. Fiske |
BEHAVIORAL REALISM IN EMPLOYMENT DISCRIMINATION LAW: IMPLICIT BIAS AND DISPARATE TREATMENT |
94 California Law Review 997 (July, 2006) |
The first call of a theory of law is that it should fit the facts. - Oliver Wendell Holmes Although they serve different social functions and employ different methods and tools, both law and the empirical social sciences need, use, and produce theories of human behavior. But their respective relationships to these theories differ in significant... |
2006 |
| Cynthia L. Estlund |
BETWEEN RIGHTS AND CONTRACT: ARBITRATION AGREEMENTS AND NON-COMPETE COVENANTS AS A HYBRID FORM OF EMPLOYMENT LAW |
155 University of Pennsylvania Law Review 379 (December, 2006) |
The employment relationship is governed largely by contract, but with a heavy overlay of rights: minimum terms and individual rights that are established by external law and are typically nonwaivable. But some terms of employment are governed neither by ordinary contract nor by ordinary rights, nor even by ordinary waivable rights. Both of the... |
2006 |
| Daniel S. Klein |
BRIDGING THE FALCON GAP: DO CLAIMS OF SUBJECTIVE DECISIONMAKING IN EMPLOYMENT DISCRIMINATION CLASS ACTIONS SATISFY THE RULE 23(A) COMMONALITY AND TYPICALITY REQUIREMENTS? |
25 Review of Litigation 131 (Winter 2006) |
I. Introduction. 132 II. General Telephone Company of the Southwest v.Falcon and the Oracular Footnote Fifteen. 138 A. Introduction. 138 B. Footnote Fifteen Indicates that Subjective Decisionmaking is an Example of a Policy that Can Provide a Common Issue for a Class. 141 C. Problems Inherent in Interpreting Footnote Fifteen as an Exception to... |
2006 |
| Andrew M. Milz |
BUT NAMES WILL NEVER HURT ME?: EL-HAKEM V. BJY, INC. AND TITLE VII LIABILITY FOR RACE DISCRIMINATION BASED ON AN EMPLOYEE'S NAME |
16 Temple Political & Civil Rights Law Review 283 (Fall 2006) |
In El-Hakem v. BJY, Inc. the Ninth Circuit Court of Appeals was faced with deciding whether a manager's persistent referral to an Arab employee by a Westernized, non-Arabic name against the employee's repeated objections was race discrimination. The appellants, an engineering firm and its Chief Executive Officer, contested the district court's... |
2006 |
| Ronald C. Brown |
CHINA'S EMPLOYMENT DISCRIMINATION LAWS DURING ECONOMIC TRANSITION |
19 Columbia Journal of Asian Law 361 (Spring 2006) |
I. INTRODUCTION. 362 II. CHINA'S CURRENT CONDITIONS AFFECTING HUMAN RESOURCES MANAGEMENT. 363 A. Economic Transition to a Socialist Market Economy. 363 B. Human Rights Management Practices in China. 365 1. Regulation of Labor Market Management. 365 III. CHINA'S ANTI-DISCRIMINATION LAWS. 386 A. Laws Providing Protected Status . 386 1. The 1994... |
2006 |