All Articles tagged discrimination
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February 28, 2019 EDT This article contends that the current legislative and judicial presumption in most states that such agreements are completely open to inspection should be revised for several reasons.
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December 12, 2018 EDT Had Justice Kennedy not been on the Court, the Court would likely have decided more broadly that free exercise trumps any generally applicable obligation under a mere state statute.
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December 12, 2018 EDT The purpose of this discussion is to examine the arguments, history, and possible solutions to considering a false imputation of homosexuality defamatory.
State Constitutional Commentary
October 12, 2018 EDT To fulfill NY’s constitutional mandate to provide a sound basic education, NY should enact a constitutional amendment creating a right to appointed civil representation when students face school-disciplinary actions.
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April 08, 2016 EDT This article argues that the inequality in access to infertility treatments amongst Americans violates the ACA’s anti-discrimination framework.
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April 08, 2016 EDT This note discusses the differing roles that governments play in perpetuating domestic violence.
State Constitutional Commentary
December 02, 2015 EDT This article contrastw the religious rights of small business owners under federal and state law by visiting two recent battle sites in the American culture war.
State Constitutional Commentary
September 23, 2013 EDT In this article, the author evaluates modern efforts to repeal or amend state no-aid clauses, focusing specifically on proposals involving religious elementary and secondary schools.
State Constitutional Commentary
November 11, 2011 EDT This essay suggests that the most under-appreciated opinion in Baker is Justice Denise Johnson‘s concurring opinion that states that denying same sex couples the right to marry is sex discrimination.
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August 08, 2009 EDT This essay argues that it is clear that race privilege is likely to go unchallenged in the courts of the United States.
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August 08, 2009 EDT This article considers the examine the implications of “Black diversity” or multidimensionality within Blackness.
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January 01, 2009 EDT This note provides some general common sense guidelines that can minimize a firm’s risk of litigation related to age discrimination in law firms.
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August 08, 2007 EDT Remarks from symposium
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August 08, 2007 EDT Remarks from symposium
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March 03, 2007 EDT This comment argues that use of the NY Exeuctive Law section 296(19)(b) increase risk loophole should be limited to the sports employment context.
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January 01, 2007 EDT This article examines the current approaches to employment discrimination based on off-duty smoking.
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January 01, 2007 EDT This article analyzes the impact of Smith v. City of Jackson on the rights of older workers who may lose their employment.
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January 01, 2006 EDT “BECAUSE OF . . . SEX”: RETHINKING THE PROTECTIONS AFFORDED UNDER TITLE VII IN THE POST-ONCALE WORLDThis article explores the current doctrinal framework for addressing sexual harassment claims offers ways in which to theorize the “because of . . . sex” requirement.
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January 01, 2006 EDT This article represents a new technique for describing problems faced by intersectionals and applies it to the field of employment discrimination.