All Articles tagged discrimination

• General
  February 28, 2019 EDT
  TOO MUCH SUN CAN BURN: REASSESSING PUBLIC ACCESS TO CONFIDENTIAL EMPLOYMENT SETTLEMENT AGREEMENTS IN PUBLIC EDUCATION
  Mark A. Paige

  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.

• General
  December 12, 2018 EDT
  PROPHYLACTIC FREE EXERCISE: THE FIRST AMENDMENT AND RELIGION IN A POST-KENNEDY WORLD
  Brendan Beery

  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.

• General
  December 12, 2018 EDT
  THE TIDES OF TRANSGRESSIONS: AN ANALYSIS OF DEFAMATION AND THE RIGHTS OF THE LGBT COMMUNITY
  Ashley Milosevic

  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
  GIDEON GOES TO SCHOOL: AN ARGUMENT FOR A RIGHT TO APPOINTED COUNSEL IN SCHOOL DISCIPLINARY PROCEEDINGS
  Eric Weinhold

  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.

• General
  April 08, 2016 EDT
  BRIDGING THE GAP BETWEEN THE “HAVE” AND THE “HAVE-NOTS”: THE ACA PROHIBITS INSURANCE COVERAGE DISCRIMINATION BASED UPON INFERTILITY STATUS
  Marissa A. Mastroianni

  This article argues that the inequality in access to infertility treatments amongst Americans violates the ACA’s anti-discrimination framework.

• General
  April 08, 2016 EDT
  WE’RE ALL IN THIS TOGETHER: A GLOBAL COMPARISON ON DOMESTIC VIOLENCE AND THE MEANS NECESSARY TO COMBAT IT
  Caitlin Mahserjian

  This note discusses the differing roles that governments play in perpetuating domestic violence.

• State Constitutional Commentary
  December 02, 2015 EDT
  RUNNING MOM AND POP BUSINESSES BY THE GOOD BOOK: THE SCOPE OF RELIGIOUS RIGHTS OF BUSINESS OWNERS
  Loren F. Selznick

  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
  REFERENDA, INITIATIVES, AND STATE CONSTITUTIONAL NO-AID CLAUSES
  James N.G. Cauthen

  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
  STATE CONSTITUTIONAL DECISION-MAKING AND PRINCIPLES OF EQUALITY: REVISITING BAKER V. STATE AND THE QUESTION OF GENDER IN THE MARRIAGE EQUALITY DEBATE
  Cheryl Hanna

  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.

• General
  August 08, 2009 EDT
  DEFINING RACE THROUGH LAW: ENFORCING THE SOCIAL NORMS OF POWER AND PRIVILEGE
  Donna E. Young

  This essay argues that it is clear that race privilege is likely to go unchallenged in the courts of the United States.

• General
  August 08, 2009 EDT
  TRANSNATIONAL DIMENSIONS OF RACE IN AMERICA
  Hope Lewis

  This article considers the examine the implications of “Black diversity” or multidimensionality within Blackness.

• General
  January 01, 2009 EDT
  “BUT I’M DENNY CRANE!”: AGE DISCRIMINATION IN THE LEGAL PROFESSION AFTER SIDLEY
  Donald J. Labriola

  This note provides some general common sense guidelines that can minimize a firm’s risk of litigation related to age discrimination in law firms.

• General
  August 08, 2007 EDT
  RELIGIOUS FREE EXERCISE AND ANTI-DISCRIMINATION LAW
  Michael P. Moreland

  Remarks from symposium

• General
  August 08, 2007 EDT
  RELIGIOUS FREE EXERCISE AND ANTI-DISCRIMINATION LAW
  Michael P. Moreland

  Remarks from symposium

• General
  March 03, 2007 EDT
  “KNICKEL” AND DIME ISSUES: AN UNEXPLORED LOOPHOLE IN NEW YORK’S GENETIC DISCRIMINATION STATUTE AND THE VIABILITY OF GENETIC TESTING IN THE SPORTS EMPLOYMENT CONTEXT
  Paul Trumble

  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.

• General
  January 01, 2007 EDT
  IS LEISURE-TIME SMOKING A VALID EMPLOYMENT CONSIDERATION?
  Karen L. Chadwick

  This article examines the current approaches to employment discrimination based on off-duty smoking.

• General
  January 01, 2007 EDT
  CORPORATE REORGANIZATIONS, JOB LAYOFFS, AND AGE DISCRIMINATION: HAS SMITH V. CITY OF JACKSON SUBSTANTIALLY EXPANDED THE RIGHTS OF OLDER WORKERS UNDER THE ADEA?
  Aïda M. Alaka

  This article analyzes the impact of Smith v. City of Jackson on the rights of older workers who may lose their employment.

• General
  January 01, 2006 EDT
  “BECAUSE OF . . . SEX”: RETHINKING THE PROTECTIONS AFFORDED UNDER TITLE VII IN THE POST-ONCALE WORLD
  Andrea Meryl Kirshenbaum

  This article explores the current doctrinal framework for addressing sexual harassment claims offers ways in which to theorize the “because of . . . sex” requirement.

• General
  January 01, 2006 EDT
  INTERSECTIONALITY AS “CATCH 22”: WHY IDENTITY PERFORMANCE DEMANDS ARE NEITHER HARMLESS NOR REASONABLE
  Gowri Ramachandran

  This article represents a new technique for describing problems faced by intersectionals and applies it to the field of employment discrimination.