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Respecting Language as Part of Ethnicity: Title VII and Language Discrimination at Work
Get PDFThis article argues that, in the absence of a legitimate, non-discriminatory reason or a business necessity, Title VII of the 1964 Civil Rights Act can protect employees from language-based discrimination in the workplace. Language is a part of one’s ethnicity, which refers to one’s culture. Ethnicity, much as race already does, should receive protection under Title VII. Plaintiffs, however, have the burden of proof in litigation, and so a plaintiff who sues under a discrimination theory should have to make his or her case to the appropriate fact-finder. Drawing upon the insights of critical theory, particularly to explore concepts like ethnicity and race in a dynamic way, the article develops this position in two major sections. Section II of the article looks at the current state of the law and consists of subsections on Title VII claims in general, language discrimination and national origin, and circuit approaches to language discrimination cases. Section III of the article addresses proposals for reforming the law and includes subsections on amendments to Title VII, responses to objections to the proposed amendments, disparate impact and disparate treatment analyses in the courts, and the linguistic situations of monolingual and bilingual speakers
Legally Ill: Is the Federal Health Insurance Mandate Constitutional?
Get PDFThis article explores the constitutionality of the individual mandate of the health care reform bill known as the Patient Protection and Affordable Care Act, as well as the economic penalty that is assessed to those who do not meet the mandate. A brief history of prior health reform initiatives in the United States will be examined to provide a historical context for the current political debate regarding the currently instituted reforms. The legal justifications of the proponents for the mandate will be analyzed regarding their constitutionality, and the legal fate of the mandate will be examined. Lastly, this article will explore other potential health care reform alternatives that are constitutionally sound
Use and Disposition of Life Insurance in Dissolution of Marriage
Get PDFThis article explores life insurance considerations in Florida dissolution of marriage proceedings, reviews current applicable law, and suggests methods of effectively dealing with life insurance in the divorce context
Standing on a Spectrum: Third Party Standing in the United States, Canada, and Australia
Get PDFThis article examines third party standing cases in the United States, Canada, and Australia. It demonstrates that third party standing can only be understood with reference to the role of modern courts in broad-based, constitutional style rights protection. This type of protection has been the main factor driving courts to create exceptions to the traditional standing requirements. It is only once these exceptions have been established that a court begins to consider allowing third party standing in cases that do not involve rights. The effects of this theory can be seen in the three countries examined in this article
