16Jan

The Supreme Court’s Surprising and Strategic Response to the Civil Rights Act of 1991

Categories: Law Review

By: Michael Selmi* Introduction The Civil Rights Act of 1991 (“CRA”) sought to change the employment discrimination landscape. The CRA overturned or repudiated eight Supreme Court decisions that had narrowed the scope of Title VII in a way that Congress determined was inconsistent with the broad purpose of eradicating employment discrimination.[1] Relatedly, the CRA transformed […]

Tags: Civil Rights Discrimination Employment Law Title VII

16Jan

From Wards Cove to Ricci: Struggling Against the “Built-in Headwinds” of a Skeptical Court

Categories: Law Review

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By: Melissa Hart* Introduction When Congress passed the 1991 Civil Rights Act (“1991 Act”), the new disparate impact provisions of the law were heralded as a victory for civil rights plaintiffs.[1] After all, the statute was enacted in response to the Supreme Court’s cramped, “near-death”[2] interpretation of disparate impact law in Wards Cove Packing Co. […]

Tags: Civil Rights Discrimination Disparate Impact Supreme Court Title VII

16Jan

Ricci’s Dicta: Signaling A New Standard For Affirmative Action Under Title VII?

Categories: Law Review

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By: Roberto L. Corrada* Introduction The standard for voluntary affirmative action[1] under Title VII has been in question in recent years. The last United States Supreme Court opinion to directly address the matter is over twenty years old, and the Court’s composition has changed since then. In the years since the last Title VII affirmative […]

Tags: Affirmative Action Civil Rights Constitutional Law Disparate Impact Title VII

16Jan

Juries, Race, and Gender: A Story of Today’s Inequality

Categories: Law Review

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By: Wendy Parker* Introduction The Civil Rights Act of 1991[1] (“Act” or “1991 Act”) was thought to be a victory for employment discrimination plaintiffs—a “dramatic” expansion of their rights.[2] Twenty years later, however, we are told that the news for employment discrimination plaintiffs has gone “from bad to worse.”[3] Employment discrimination plaintiffs should expect defendants […]

Tags: Bench Trial Civil Rights Discrimination Jury Trial

16Jan

Arbitral and Judicial Proceedings: Indistinguishable Justice or Justice Denied?

Categories: Law Review

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By: Pat K. Chew This article is only available in PDF format. Click here for the full PDF version of this article.

Tags: Alternative Dispute Resolution Discrimination Employment Law

24Nov

Note: Vernor v. Autodesk, Inc.: The Last First Sale?

Categories: Law Review

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By: Andrew L. Berrier* Licensed Application End User License Agreement The Products transacted through the Service are licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to […]

Tags: Contracts Copyright First Sale Doctrine

24Nov

Comment: Better Late Than Never? The Effect of the Native American Graves Protection and Repatriation Act’s 2010 Regulations

Categories: Law Review

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By: Zoe E. Niesel* Introduction In 1998, a thirty-year drama came to an end when anthropologists at the University of Nebraska agreed to return the skeletal remains of 1702 Native Americans to a coalition of fifteen modern tribes.[1] For the tribes involved, this repatriation represented the end of a long struggle to assert their right […]

Tags: Administrative Law Anthropology Native American Law

24Nov

Beyond the Board of Directors

Categories: Law Review

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By: Kelli A. Alces* Introduction The board of directors has outlived its purpose. The board is theoretically responsible for directing the management of a corporation, for monitoring its senior officers, and for making significant business decisions. The typical directors of the largest multinational corporations devote about seventeen hours per month to the governance of the […]

Tags: Board of Directors Corporate Governance Corporate Law

23Nov

Deterring Abuse of the Copyright Takedown Regime by Taking Misrepresentation Claims Seriously

Categories: Law Review

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By: Lydia Pallas Loren* Abstract Copyright owners routinely obtain prompt removal of allegedly infringing materials from the Internet using takedown notices. The Copyright Act’s takedown procedures are an attractive and powerful tool to combat infringement because they do not require filing a federal copyright infringement complaint, nor do they involve any neutral assessment of the […]

Tags: Copyright Cyber Law Misrepresentation

23Nov

The Power to Issue Stock

Categories: Law Review

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By: Mira Ganor* Abstract Studies of management’s disregard of the will of the shareholders have focused on combinations of entrenchment mechanisms and special governance structures. However, management’s power to issue stock—a fundamental element of the ability of management to control the corporation regardless of the will of the shareholders—has received scarce attention. This Article highlights […]

Tags: Corporate Governance Corporate Law Poison Pill Shareholders

23Nov

How Public Schools Can Constitutionally Halt Cyberbullying: A Model Cyberbullying Policy that Considers First Amendment, Due Process, and Fourth Amendment Challenges

Categories: Law Review

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By: Naomi Harlin Goodno* Introduction Schoolyard bullying has been around for generations, but recently it has taken on a new, menacing face¾cyberbullying. Now adolescents use technology to deliberately and repeatedly bully, harass, hassle, and threaten peers. No longer does the bullying end once the school day ends. With the use of technology, groups of bullies […]

Tags: Constitutional Law Cyber Law Due Process First Amendment Fourth Amendment Social Networking

21Oct

The Puzzle of Short-termism

Categories: Law Review

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By: Kent Greenfield* Introduction When pondering the question of the “sustainable corporation,” as we did in this symposium, one of the intractable problems is the nature of the corporation to produce externalities. By noting this characteristic, I am not making a moral point but an economic one. The nature of the firm is to create […]

Tags: Corporate Law Externalities Shareholders

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