The ninth edition of the best-selling Cases and Materials on Employment Discrimination blends cases, notes, and problems into an integrated pedagogy that balances scholarly and practice perspectives. The authors build a conceptual framework for understanding how discrimination is defined and proven in litigation. The text allows professors to explore particular interests more deeply and permits them to take not only a litigation approach but also explore the compliance, investigation, and counseling perspectives that are characteristic of modern practice. The broad coverage integrates scholarship with legal doctrine drawn from statutes and judicial decisions. The useful Statutory Supplement is available for separate purchase. Key Benefits: Young v. UPS (reconceptualizing pregnancy discrimination). Nassar v. Uni. of Texas Sw. Med. Ctr. (requiring but-for causation for Title VII retaliation claims) Vance v. Ball State Univ. (narrowing the definition of supervisor for purposes of employer liability for sexual harassment) EEOC v. Abercrombie & Fitch (reconceptualizing claims of religious discrimination). New circuit court decisions on sexual orientation discrimination under Title VII. Streamlined coverage. Materials have been reworked, thus reducing page count by 100 pages.
National Academies of Sciences, Engineering, and Medicine,Policy and Global Affairs,Committee on Women in Science, Engineering, and Medicine,Committee on the Impacts of Sexual Harassment in Academia
Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine
Author: National Academies of Sciences, Engineering, and Medicine,Policy and Global Affairs,Committee on Women in Science, Engineering, and Medicine,Committee on the Impacts of Sexual Harassment in Academia
Publisher: National Academies Press
Category: Social Science
Over the last few decades, research, activity, and funding has been devoted to improving the recruitment, retention, and advancement of women in the fields of science, engineering, and medicine. In recent years the diversity of those participating in these fields, particularly the participation of women, has improved and there are significantly more women entering careers and studying science, engineering, and medicine than ever before. However, as women increasingly enter these fields they face biases and barriers and it is not surprising that sexual harassment is one of these barriers. Over thirty years the incidence of sexual harassment in different industries has held steady, yet now more women are in the workforce and in academia, and in the fields of science, engineering, and medicine (as students and faculty) and so more women are experiencing sexual harassment as they work and learn. Over the last several years, revelations of the sexual harassment experienced by women in the workplace and in academic settings have raised urgent questions about the specific impact of this discriminatory behavior on women and the extent to which it is limiting their careers. Sexual Harassment of Women explores the influence of sexual harassment in academia on the career advancement of women in the scientific, technical, and medical workforce. This report reviews the research on the extent to which women in the fields of science, engineering, and medicine are victimized by sexual harassment and examines the existing information on the extent to which sexual harassment in academia negatively impacts the recruitment, retention, and advancement of women pursuing scientific, engineering, technical, and medical careers. It also identifies and analyzes the policies, strategies and practices that have been the most successful in preventing and addressing sexual harassment in these settings.
Lifetime Disadvantage, Discrimination and the Gendered Workforce fills a gap in the literature on discrimination and disadvantage suffered by women at work by focusing on the inadequacies of the current law and the need for a new holistic approach. Each stage of the working life cycle for women is examined with a critical consideration of how the law attempts to address the problems that inhibit women's labour force participation. By using their model of lifetime disadvantage, the authors show how the law adopts an incremental and disjointed approach to resolving the challenges, and argue that a more holistic orientation towards eliminating women's discrimination and disadvantage is required before true gender equality can be achieved. Using the concept of resilience from vulnerability theory, the authors advocate a reconfigured workplace that acknowledges yet transcends gender.
Procedural Rulings and Substantive Worker Rights in the United States
Author: Joseph A. Seiner
Publisher: Cambridge University Press
The US Supreme Court has systematically eroded the rights of minority workers through subtle changes in procedural law. This accessible book identifies and describes how the Supreme Court's new procedural requirements create legal obstacles for civil-rights litigants, thereby undermining their substantive rights. Seiner takes the next step of providing a framework that practitioners can use to navigate these murky waters, allowing workers a better chance of prevailing with their claims. Seiner clearly illustrates how to effectively use his framework, applying the proposed model to one emerging sector - the on-demand industry. Many minority workers now face pervasive discrimination in an uncertain legal environment. This book will serve as a roadmap for successful workplace litigation and a valuable resource for civil-rights research. It will also spark a debate among scholars, lawyers, and others in the legal community over the use of procedure to alter substantive worker rights.
A Comprehensive Path to International Copyright Reform
Author: Daniel J. Gervais
Publisher: Edward Elgar Publishing
In this bold and persuasive work Daniel Gervais, one of the world’s leading thinkers on the subject of intellectual property, argues that the international copyright system is in need of a root and branch rethink. As the Internet alters the world in which copyright operates beyond all recognition, a world increasingly defined by the might of online intermediaries and spawning a generation who are simultaneously authors, users and re-users of creative works, the structure of copyright in its current form is inadequate and unfit for purpose. This ambitious and far-reaching book sets out to diagnose in some detail the problems faced by copyright, before eloquently mapping out a path for comprehensive and structured reform. It contributes a reasoned and novel voice to a debate that is all too often driven by ignorance and partisan self-interest.
It is no secret that since the 1980s, American workers have lost power vis-à-vis employers. Along with the well-chronicled steep decline in private sector unionization, American workers alleging employment discrimination have fared increasingly poorly in the courts. In recent years, judges have dismissed scores of cases in which workers presented evidence that supervisors referred to them using racial or gender slurs. In one federal district court, judges dismissed more than 80 percent of the race discrimination cases filed over a year. And when juries return verdicts in favor of employees, judges often second guess those verdicts, finding ways to nullify the jury's verdict and rule in favor of the employer. Most Americans assume that that an employee alleging workplace discrimination faces the same legal system as other litigants. After all, we do not usually think that legal rules vary depending upon the type of claim brought. As the employment law scholars Sandra A. Sperino and Suja A. Thomas show in Unequal, though, our assumptions are wrong. Over the course of the last half century, employment discrimination claims have come to operate in a fundamentally different legal system than other claims. It is in many respects a parallel universe, one in which the legal system systematically favors employers over employees. A host of procedural, evidentiary, and substantive mechanisms serve as barriers for employees, making it extremely difficult for them to access the courts. Moreover, these mechanisms make it fairly easy for judges to dismiss a case prior to trial. Americans are unaware of how the system operates partly because they think that race and gender discrimination are in the process of fading away. But such discrimination remains fairly common in the workplace, and workers now have little recourse to fight it legally. By tracing the modern history of employment discrimination, Sperino and Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biased against workers making rights claims.
Nine to Five provides a lively and accessible introduction to the laws and policies regulating sex, sexuality, and gender identity in the American workplace. Contemporary cases and events reveal the breadth and persistence of sexism and gender stereotyping. Through a series of essays organized around sex discrimination, sexual harassment, pregnancy discrimination, and pay equity, the book highlights legal rules and doctrines that privilege men over women and masculinity over femininity. In understanding the law - what it forbids, what it allows, and to what it turns a blind eye - we see why it is far too soon to declare the triumph of working women's equality. Despite significant gains for women, gender continues to define the work experience in both predictable and surprising ways. A witty and engaging guide to the legal terrain, Nine to Five also proposes solutions to the many obstacles that remain on the path to equality.
American law schools are in deep crisis. Enrollment is down, student loan debt is up, and the profession's supply of high-paying jobs is shrinking. Meanwhile, thousands of graduates remain underemployed while the legal needs of low-income communities go substantially unmet. Many blame overregulation and seek a "free" market to solve the problem, but this has already been tested. Seizing on a deregulatory policy shift at the American Bar Association, private equity financiers established the first for-profit law schools in the early 2000s with the stated mission to increase access to justice by "serving the underserved". Pursuing this mission at a feverish rate of growth, they offered the promise of professional upward mobility through high-tech, simplified teaching and learning. In Law Mart, a vivid ethnography of one such environment, Riaz Tejani argues that the rise of for-profit law schools shows the limits of a market-based solution to American access to justice. Building on theories in law, political economy, and moral anthropology, Tejani reveals how for-profit law schools marketed themselves directly to ethnoracial and socioeconomic "minority" communities, relaxed admission standards, increased diversity, shook up established curricula, and saw student success rates plummet. They contributed to a dramatic rise in U.S. law student debt burdens while charging premium tuition financed up-front through federal loans over time. If economic theories have so influenced legal scholarship, what happens when they come to shape law school transactions, governance, and oversight? For students promised professional citizenship by these institutions, is there a need for protections that better uphold institutional quality and sustainability? Offering an unprecedented glimpse of this landscape, Law Mart is a colorful foray into these essential questions.
Since the passage of the Civil Rights Act, virtually all companies have antidiscrimination policies in place. Although these policies represent some progress, women and minorities remain underrepresented within the workplace as a whole and even more so when you look at high-level positions. They also tend to be less well paid. How is it that discrimination remains so prevalent in the American workplace despite the widespread adoption of policies designed to prevent it? One reason for the limited success of antidiscrimination policies, argues Lauren B. Edelman, is that the law regulating companies is broad and ambiguous, and managers therefore play a critical role in shaping what it means in daily practice. Often, what results are policies and procedures that are largely symbolic and fail to dispel long-standing patterns of discrimination. Even more troubling, these meanings of the law that evolve within companies tend to eventually make their way back into the legal domain, inconspicuously influencing lawyers for both plaintiffs and defendants and even judges. When courts look to the presence of antidiscrimination policies and personnel manuals to infer fair practices and to the presence of diversity training programs without examining whether these policies are effective in combating discrimination and achieving racial and gender diversity, they wind up condoning practices that deviate considerably from the legal ideals.
The popularity of his monumental and definitive works established Shabtai Rosenne as the undisputed expert on the International Court of Justice's law and practice of his time. Irrefutably the leading work on the court, previous editions of "Rosenne's Law and Practice of the International Court" have influenced generations of legal scholars, practitioners, judges, and students alike. The Fifth Edition, by Malcolm N. Shaw, combines his expertise as both an academic and practitioner to bring this monumental resource up-to-date while retaining Rosenne's distinctive voice, erudition, and rigorous objectives. Preserving Rosenne's focus on the caselaw of the court, the Fifth Edition is supplemented with increased references to the leading academic literature, and, like the Fourth Edition, is divided into four substantive volumes.
2016 NATIONAL BOOK AWARD FINALIST FOR NONFICTION A 2016 NEW YORK TIMES NOTABLE BOOK NEW YORK TIMES BESTSELLER A NEWSDAY TOP 10 BOOK OF THE YEAR A KIRKUS BEST BOOK OF 2016 One of "6 Books to Understand Trump's Win" according to the New York Times the day after the election The National Book Award Finalist and New York Times bestseller that became a guide and balm for a country struggling to understand the election of Donald Trump When Donald Trump won the 2016 presidential election, a bewildered nation turned to Strangers in Their Own Land to understand what Trump voters were thinking when they cast their ballots. Arlie Hochschild, one of the most influential sociologists of her generation, had spent the preceding five years immersed in the community around Lake Charles, Louisiana, a Tea Party stronghold. As Jedediah Purdy put it in the New Republic, “Hochschild is fascinated by how people make sense of their lives. . . . [Her] attentive, detailed portraits . . . reveal a gulf between Hochchild’s ‘strangers in their own land’ and a new elite.” Already a favorite common read book in communities and on campuses across the country and called “humble and important” by David Brooks and “masterly” by Atul Gawande, Hochschild’s book has been lauded by Noam Chomsky, New Orleans mayor Mitch Landrieu, and countless others. The paperback edition features a new afterword by the author reflecting on the election of Donald Trump and the other events that have unfolded both in Louisiana and around the country since the hardcover edition was published, and also includes a readers’ group guide at the back of the book.
The presidential historian charts the progression of American power from George Washington to George W. Bush, revealing the exercise of power through the office as it has developed into an "imperial" seat of authority, in an updated edition of the classic history. Reprint.
New York Times Bestseller A Summer Reading Pick for President Barack Obama, Bill Gates, and Mark Zuckerberg From a renowned historian comes a groundbreaking narrative of humanity’s creation and evolution—a #1 international bestseller—that explores the ways in which biology and history have defined us and enhanced our understanding of what it means to be “human.” One hundred thousand years ago, at least six different species of humans inhabited Earth. Yet today there is only one—homo sapiens. What happened to the others? And what may happen to us? Most books about the history of humanity pursue either a historical or a biological approach, but Dr. Yuval Noah Harari breaks the mold with this highly original book that begins about 70,000 years ago with the appearance of modern cognition. From examining the role evolving humans have played in the global ecosystem to charting the rise of empires, Sapiens integrates history and science to reconsider accepted narratives, connect past developments with contemporary concerns, and examine specific events within the context of larger ideas. Dr. Harari also compels us to look ahead, because over the last few decades humans have begun to bend laws of natural selection that have governed life for the past four billion years. We are acquiring the ability to design not only the world around us, but also ourselves. Where is this leading us, and what do we want to become? Featuring 27 photographs, 6 maps, and 25 illustrations/diagrams, this provocative and insightful work is sure to spark debate and is essential reading for aficionados of Jared Diamond, James Gleick, Matt Ridley, Robert Wright, and Sharon Moalem.
Hailed by Toni Morrison as “required reading,” a bold and personal literary exploration of America’s racial history by “the single best writer on the subject of race in the United States” (The New York Observer) #1 NEW YORK TIMES BESTSELLER | NATIONAL BOOK AWARD WINNER | NAACP IMAGE AWARD WINNER | PULITZER PRIZE FINALIST | NATIONAL BOOK CRITICS CIRCLE AWARD FINALIST | NAMED ONE OF THE TEN BEST BOOKS OF THE YEAR BY The New York Times Book Review • O: The Oprah Magazine • The Washington Post • People • Entertainment Weekly • Vogue • Los Angeles Times • San Francisco Chronicle • Chicago Tribune • New York • Newsday • Library Journal • Publishers Weekly In a profound work that pivots from the biggest questions about American history and ideals to the most intimate concerns of a father for his son, Ta-Nehisi Coates offers a powerful new framework for understanding our nation’s history and current crisis. Americans have built an empire on the idea of “race,” a falsehood that damages us all but falls most heavily on the bodies of black women and men—bodies exploited through slavery and segregation, and, today, threatened, locked up, and murdered out of all proportion. What is it like to inhabit a black body and find a way to live within it? And how can we all honestly reckon with this fraught history and free ourselves from its burden? Between the World and Me is Ta-Nehisi Coates’s attempt to answer these questions in a letter to his adolescent son. Coates shares with his son—and readers—the story of his awakening to the truth about his place in the world through a series of revelatory experiences, from Howard University to Civil War battlefields, from the South Side of Chicago to Paris, from his childhood home to the living rooms of mothers whose children’s lives were taken as American plunder. Beautifully woven from personal narrative, reimagined history, and fresh, emotionally charged reportage, Between the World and Me clearly illuminates the past, bracingly confronts our present, and offers a transcendent vision for a way forward. Praise for Between the World and Me “Powerful . . . a searing meditation on what it means to be black in America today.”—Michiko Kakutani, The New York Times “Eloquent . . . in the tradition of James Baldwin with echoes of Ralph Ellison’s Invisible Man . . . an autobiography of the black body in America.”—The Boston Globe “Brilliant . . . [Coates] is firing on all cylinders.”—The Washington Post “Urgent, lyrical, and devastating . . . a new classic of our time.”—Vogue “A crucial book during this moment of generational awakening.”—The New Yorker “Titanic and timely . . . essential reading.”—Entertainment Weekly
Woodson's classic work of criticism explores how the education received by blacks has failed to give them an appreciation of themselves as a race and their contributions to history. Woodson puts forward a program that calls for the educated to learn about their past and serve the black community. (Education/Teaching)
National Commission on Terrorist Attacks upon the United States
With the market for security goods and services having expanded rapidly since 9/11, this study examines the potential costs of major disruptions, the trade-offs between tighter security and economic efficiency, and the implications of tighter security for privacy and other democratic liberties.