Pure Insanity Article
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Susan D. Rozelle, Pure Insanity, 42 Tex. Tech L. Rev. 543 (2009)Clicking on the button will copy the full recommended citation.
2009
Persuasian is an Art . . . But It is Also an Invaluable Tool in Advocacy Article
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Stephanie Vaughan, Persuasian is an Art . . . But It is Also an Invaluable Tool in Advocacy, 61 Baylor L. Rev. 635 (2009)Clicking on the button will copy the full recommended citation.
The article is about persuasion. It highlights the origins of advocacy, details how to write persuasive documents, and provides tips for presenting persuasive oral arguments. Appendices include practical checklists for editing and preparing for oral arguments, and a list of style tips. This Article is important because it gives advocates the tools they need to better prepare for making persuasive arguments, both in writing and orally, while grounding the “art of persuasion” in rhetoric and ancient-Greek philosophies and teachings.
U.S. Narcotic Kingpin List Snares Innocents in Its Impersonal Web Article
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Luz Estella Nagle, U.S. Narcotic Kingpin List Snares Innocents in Its Impersonal Web, 25 Int'l Enforcement L. Reporter 263 (2009)Clicking on the button will copy the full recommended citation.
Systemic Harassment Article
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Jason Bent, Systemic Harassment, 77 Tenn. L. Rev. 151 (2009)Clicking on the button will copy the full recommended citation.
Systemic employment discrimination cases, including private class actions and EEOC "pattern or practice" actions, have been used since the 1960s to redress overt forms of discrimination in the workplace. Today, however, there is an emerging area of systemic employment litigation that holds the potential to play an important role in combating the sources of structural or "second generation" discrimination: systemic harassment litigation. Unfortunately, litigants and courts are generally confused about how systemic harassment claims should be pursued and litigated. Harassment cases do not fit the mold for "pattern or practice" cases outlined by the Supreme Court in International Brotherhood of Teamsters v. United States, leaving the federal courts divided over key substantive and procedural issues in systemic harassment cases.
In this Article, I propose a litigation framework and enforcement strategy for systemic harassment cases that is founded upon the statutory language of Title VII. By carefully observing the distinction between those provisions of Title VII aimed at protecting the interests of individual "aggrieved persons" and the separate provisions aimed at protecting the public interest, a sensible litigation framework can be formulated for systemic harassment cases. Failing to observe this statutory distinction has led the EEOC to pursue an ineffective enforcement strategy. The EEOC's focus in systemic harassment cases has been to obtain monetary damages for individual victims under an increasingly outdated rules-enforcement paradigm, rather than to obtain meaningful prospective relief. As a result, the EEOC has missed an important opportunity to begin addressing structural forms of discrimination. I propose an alternative public enforcement strategy for systemic harassment cases that focuses on obtaining effective consent orders that will usher in structural reform and will result in a more efficient allocation of enforcement resources.
International Environmental Law Article
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Royal C. Gardner, International Environmental Law, 43 American Bar Association Section of International Law Year in Review 837 (2009)Clicking on the button will copy the full recommended citation.
What the Lilly Ledbetter Fair Pay Act Doesn’t Do: “Discrete Acts” and the Future of Pattern or Practice Litigation Article
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Jason Bent, What the Lilly Ledbetter Fair Pay Act Doesn’t Do: “Discrete Acts” and the Future of Pattern or Practice Litigation, 33 Rutgers Law Record 31 (2009)Clicking on the button will copy the full recommended citation.
The Lilly Ledbetter Fair Pay Act clarified the application of the EEOC charge filing period for purposes of determining whether a claim of compensation discrimination is timely. But a number of timeliness questions remain unanswered for claimants alleging discrimination on grounds other than compensation discrimination. This Essay examines one question left open after the enactment of the Ledbetter Act, specifically: When, if ever, does the EEOC charge filing period begin to run in cases where the plaintiff alleges that defendant engaged in a "pattern or practice" of unlawful "discrete acts" of discrimination? In this Essay, I consider the difficulties that arise when attempting to apply the seemingly straightforward timely-filed charge requirement to pattern or practice cases. I evaluate the policy arguments supporting the competing interpretations of the timely-filed charge requirement as applied to pattern or practice cases, and I suggest a number of possible legislative solutions that could provide certainty to employers and potential claimants.
Do We Need a Right to Housing? Article
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Kristen David Adams, Do We Need a Right to Housing?, 9 Nev. L.J. 275 (2009)Clicking on the button will copy the full recommended citation.
Homes, Rights and Communities Article
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Paul Boudreaux, Homes, Rights and Communities, 20 U. Fla. J.L. & Pub. Pol'y 479 (2009)Clicking on the button will copy the full recommended citation.
African Wetlands of International Importance: Assessment of Benefits Associated with Designations Under the Ramsar Convention Article
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Royal C. Gardner et al., African Wetlands of International Importance: Assessment of Benefits Associated with Designations Under the Ramsar Convention, 21 Georgetown International Envtl. L. Review 257 (2009)Clicking on the button will copy the full recommended citation.
A party to the Ramsar Convention on Wetlands must designate at least one site within its territory as a Wetland of International Importance. To assess the benefits associated with these international designations, the authors conducted a survey of 26 Ramsar sites in 18 countries in Africa. After a brief introduction to the Ramsar Convention, the article describes the sites that were surveyed, focusing on the ecosystem services they provide and the challenges they face. The article then examines how the sites are identified with the Ramsar Convention and found that designation provided benefits such as: increased support for protection and management of the sites; increased scientific studies; increased funding opportunities; increased ecotourism; and poverty alleviation. The article concludes with recommendations on how to strengthen the Ramsar Convention in Africa.
White Collar Crime in a Nutshell Book
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Ellen S. Podgor and Jerold H. Israel, White Collar Crime in a Nutshell (4th ed., West Academic Publishing, 2009)Clicking on the button will copy the full recommended citation.