Polarizing political beliefs are nothing new on campus, but the tactics employed by supporters of the Boycott, Divestment, Sanctions (BDS) movement create new cause for concern, from the politicization of curricula and academic associations to efforts to silence Israeli speakers to overtly anti-Semitic behavior on campus. In a new essay, the…

School districts are often given the challenging task of addressing problematic online behaviors committed by students while simultaneously protecting themselves from civil liability by not overstepping their authority. This is difficult, because the law concerning these behaviors is ambiguous and continuously evolving, and little consensus has…

Federal courts have developed contradictory answers in considering preferable remedies for discriminatory seniority systems in employment. The author offers suggestions for development of a uniform policy called for in the Supreme Court decision in Franks v. Bowman Transportation Co. (JT)

The 1974 Supreme Court decision in Kahn v. Shevin upheld a property tax exemption statute for widows. This Note analyzes the soundness and social utility of the underlying premise and evaluates its potential impact on other areas of law. Includes review of relevant state, lower federal court and Supreme Court cases. (JT)

The various standards set out in United States Steel and other recent cases are analyzed along with policy considerations and criteria development for such standards. The author suggests a standard which preserves the policy behind Title VII and provides more predictable application. (LBH)

A circuit court ruling involving sex-discrimination and college faculty tenure is examined, focusing on differences between this case's substantive analysis and the procedural focus of earlier decisions. It is concluded that the case sets a standard for judicial intervention in an area formerly considered beyond the reach of law. (MSE)

Attempts to clarify the application of rules against employment discrimination by examining the nature of the seniority system and examining the theory and mechanism of federal court and administrative agency remedies. Reviews recent problems that have tested these remedies, focusing on layoffs and liability-minimizing initiatives open to…

Reviews court decisions under Title VII of the Civil Rights Act of 1964 in which, despite Section 703(j), preferential remedial action implemented through numerical formulas is prescribed to improve minority employment opportunities. Concludes the pattern will continue until Congress or the Supreme Court clarifies the subject of preferential…

"Last hired, first fired" layoffs threaten gains made by women and minorities in equal employment opportunity under the Civil Rights Act of 1964. The author reviews and analyzes legislative and judicial history of Title VII and concludes that, contrary to recent cases, the courts have the power and duty to preserve these gains even in…

In presenting ways plant seniority provisions regarding layoffs should be modified to accomplish the policies of Title VII of the Civil Rights Act of 1964 (to end racial and sexual discrimination in employment practices), the author analyzes leading cases to demonstrate faulty interpretations currently used and suggests alternative remedies. (JT)

Argues that the solution to the problem of the discriminatory impact of layoffs on the work forces to employers with a history of past discrimination lies not in an attack on seniority but in avoidance of layoff, not in formulas for the order of layoff but in devices for distributing available work. (JT)

An overview of the problem of preferential remedies to achieve equal employment opportunities for women and minority groups. Contends that "color blindness" will not end discrimination but that some form of "color conscious" affirmative action program must be employed. Temporary preferential treatment is justified, according to…

An examination of the decision on the rights of an employee, who has unsuccessfully pursued a race or sex discrimination claim through arbitration, to "relitigate" the claim under Title VII, Civil Rights Act of 1964. Conclusion: the decision endangers Title VII rights by granting too much weight to prior arbitration awards. (JT)

The perplexities of the accommodation rule in Title VII's religious discrimination cases grown with each decision. The author suggests that if the rule is to survive, the Supreme Court must resolve the conflicts by supplying definitions for key terms and guidelines for uniform application of the rule. (LBH)