Sex Discrimination and State Constitutions: State Pathways through Federal Roadblocks
State constitutions and courts can help plaintiffs overcome obstacles for pursuing sex discrimination suits in federal court
The Review: Volume 13
Preview
Issue 1
featuring
- The Japanese American Coram Nobis Cases: Exposing the Myth of Disloyalty
- Griswold Revisited in Light of Uplinger: An Historical and Philosophical Exposition of Implied Autonomy Rights in the Constitution
- Lawyers, Law and Social Change
- Workplace Exposure to Toxic Chemicals: Information Disclosure Versus Trade Secret Protection
Issue 2
featuring
Issue 3
featuring
Issue 4
featuring
- Economics and Rent Regulation: A Call for a New Perspective
- Normaive Judgment, Social Change, and Legal Reasoning in the Context of Abortion and Privacy
- Zoning for the General Welfare: A Constitutional Weapon for Lower-Income Tenants
- To Control Gentrification: Anti-Displacement Zoning and Planning for Stable Residential Districts
In Depth Reading
Volume 13 Issue 1
Workplace Exposure to Toxic Chemicals: Information Disclosure Versus Trade Secret Protection
Analysis of whether unions have the right to mandatory disclosure of toxic chemicals that employees face in the workplace in the face of trade secrets claims
Lawyers, Law and Social Change
Critical discussion of the role of the law and lawyering in the realization of social change and justice; lawyering as conduit for shifting power imbalances
Employer Liability for Coworker Sexual Harassment under Title VII
Development of doctrine protecting employees from co-worker sexual harassment requires employer liability to ensure adequate remedies and title VII protections
Volume 13 Issue 2
Employment Discrimination Claims in State Court: A Laboratory for Experimentation
Discussion of shift of employment discrimination claims to state court in light of Supreme Court's unwillingness to take expansionist approach to federal law
Expanding the Concept of Affirmative Action to Address Contemporary Conditions
Assessment of the successes and failures of affirmative action programs after the passage of the Civil Rights Act; proposes a model for the future
Federalism Issues and Title VII: Kremer v. Chemical Construction Corp.
Examination of Kremer v. Chem. Constr. Corp. and its impact on Title VII discrimination claims; argues that it's inconsistent with Title VII enforcement scheme
Equality's Riddle: Pregnancy and the Equal Treatment/Special Treatment Debate
Defense of the "equal treatment"—as opposed to the "special treatment"—approach to Title VII sex discrimination in employment cases involving pregnancy.
Volume 13 Issue 3
Fair Use Protection for News Reporting: Where Does the First Amendment Stand
Examination of the intersection of copyright law and First Amendment law as they relate to news reporting
Rehabilitative Alimony: An Old Wolf in New Clothes
Rehabilitative alimony, an often time-limited form of remuneration after a divorce, is often unjust and applied unfairly
Book Review
Judicial Politics: An Introduction
Victim-Specific Remedies: A Myopic Approach to Discrimination
Discussion of the word "victim" in the context of racial discrimination; argument for expansion of the term as a matter of fairness and practicality
Volume 13 Issue 4
Economics and Rent Regulation: A Call for a New Perspective
Discussion of rent regulations vis-a-vis economic criticisms that employ a basic supply and demand model; suggests these critiques lack empirical support
Normaive Judgment, Social Change, and Legal Reasoning in the Context of Abortion and Privacy
Critique of the intersection of abortion and privacy in society and law; proposal of critical theory of abortion and privacy.
To Control Gentrification: Anti-Displacement Zoning and Planning for Stable Residential Districts
Proposes residential stability zoning ordinances to control gentrification and limit displacement in urban areas
Zoning for the General Welfare: A Constitutional Weapon for Lower-Income Tenants
Argues that zoning laws prioritizing luxury housing over low income housing runs afoul of New York state constitutional protections