{"title":"A time to live, a time to die.","authors":"L S Stiefel","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80399,"journal":{"name":"Akron law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1991-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24994690","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
During his thirty-four year tenure on the Supreme Court, Justice William Joseph Brennan, Jr. demonstrated unparalleled sensitivity to the protection of individual rights. Justice Brennan's landmark opinions included Baker v. Carr, Goldberg v. Kelly, and New York Times Co. v. Sullivan. before Brennan, Supreme Court jurisprudence exalted judicial passivity by employing techniques for avoiding constitutional issues, such as abstention, comity, exhaustion of remedies and the political question doctrine.Against this background, Brennan became an active judicial voice in a series of innovative landmark cases, including decisions requiring federal officials to pay damages for violation of citizens' constitutional rights; authorizing federal courts to issue injunctions forbidding state court prosecutions under laws violating the First Amendment; and permitting congressional employees to sue members of Congress for discriminatory treatment.However, less attention has been focused on Justice Brennan's dramatic impact on the Supreme Court's gender jurisprudence. More than any other member of the Court, Justice Brennan recognized the complexity and pervasiveness of sex discrimination and its costs to society as a whole. Brennan's opinions recognized that sex differentiation is largely cultural in origin, rather than based on "real" gender differences. As a result, Justice Brennan created a truly independent gender jurisprudence, eventually emerging as the architect of the Supreme Court's contemporary test for evaluating claims of sex-based discrimination.
{"title":"Justice Brennan's Gender Jurisprudence","authors":"R. Korzec","doi":"10.2139/SSRN.1420159","DOIUrl":"https://doi.org/10.2139/SSRN.1420159","url":null,"abstract":"During his thirty-four year tenure on the Supreme Court, Justice William Joseph Brennan, Jr. demonstrated unparalleled sensitivity to the protection of individual rights. Justice Brennan's landmark opinions included Baker v. Carr, Goldberg v. Kelly, and New York Times Co. v. Sullivan. before Brennan, Supreme Court jurisprudence exalted judicial passivity by employing techniques for avoiding constitutional issues, such as abstention, comity, exhaustion of remedies and the political question doctrine.Against this background, Brennan became an active judicial voice in a series of innovative landmark cases, including decisions requiring federal officials to pay damages for violation of citizens' constitutional rights; authorizing federal courts to issue injunctions forbidding state court prosecutions under laws violating the First Amendment; and permitting congressional employees to sue members of Congress for discriminatory treatment.However, less attention has been focused on Justice Brennan's dramatic impact on the Supreme Court's gender jurisprudence. More than any other member of the Court, Justice Brennan recognized the complexity and pervasiveness of sex discrimination and its costs to society as a whole. Brennan's opinions recognized that sex differentiation is largely cultural in origin, rather than based on \"real\" gender differences. As a result, Justice Brennan created a truly independent gender jurisprudence, eventually emerging as the architect of the Supreme Court's contemporary test for evaluating claims of sex-based discrimination.","PeriodicalId":80399,"journal":{"name":"Akron law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1991-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68179187","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Pre-employment inquiries: drug testing, alcohol screening, physical exams, honesty testing, genetics screening--do they discriminate? An empirical study.","authors":"D H Stone","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80399,"journal":{"name":"Akron law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1991-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24994693","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Someone to watch over me: medical decision-making for hopelessly ill incompetent adult patients.","authors":"D L Dippel","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80399,"journal":{"name":"Akron law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1991-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24994691","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
How do employers decide who to hire for their workplace? Are there tests that are administered to screen out those job applicants that do not fit the employer's for good, honest, hard-working, never-complaining workers? Do employers use screening devices to discriminate against persons with disabilities? What kinds of screening tests do employers use to assist in hiring workers for their company? Fifty-four of the Fortune 500 companies from across the country were surveyed to elicit their opinions on these and other questions relating to pre-employment inquiries. The responses of these companies are tabulated and discussed and serve as a backdrop in this Article which analyzes pre-employment screening practices. Also, a look into the not too distant future where honesty and integrity testing are on the rise and genetics testing of job applicants is heading into the employment arena. Court cases in the area of pre-employment inquiries are analyzed and federal statutes are reviewed and discussed to demonstrate the prevalence of certain forms of employment tests being administered.The U.S. Census Bureau reported in 1988 that 13,415,000 people had a work disability, comprising 8.6% of the 16 to 64 year old population. The number of disabled persons participating in the labor force was 31.6%, however, only 18.2% of the 13.4 million people with a work disability were employed full time. The unemployment rate for those persons with a work disability was much greater than for those with no work disability, 14.2% as compared to 5.8%. Persons with a work disability earned less than half the income of those persons with no disability, $6,319 median annual income as compared to $14,354 of those persons with no work disability.These statistics serve as a reminder that many disabled people continue to face obstacles in gaining access into the employment arena. This Article will reveal how disabled persons are at greater risk when employers increase their screening and testing arsenal in the job selection area.
{"title":"Pre-employment inquiries: drug testing, alcohol screening, physical exams, honesty testing, genetics screening--do they discriminate? An empirical study.","authors":"D. Stone","doi":"10.2139/SSRN.1345949","DOIUrl":"https://doi.org/10.2139/SSRN.1345949","url":null,"abstract":"How do employers decide who to hire for their workplace? Are there tests that are administered to screen out those job applicants that do not fit the employer's for good, honest, hard-working, never-complaining workers? Do employers use screening devices to discriminate against persons with disabilities? What kinds of screening tests do employers use to assist in hiring workers for their company? Fifty-four of the Fortune 500 companies from across the country were surveyed to elicit their opinions on these and other questions relating to pre-employment inquiries. The responses of these companies are tabulated and discussed and serve as a backdrop in this Article which analyzes pre-employment screening practices. Also, a look into the not too distant future where honesty and integrity testing are on the rise and genetics testing of job applicants is heading into the employment arena. Court cases in the area of pre-employment inquiries are analyzed and federal statutes are reviewed and discussed to demonstrate the prevalence of certain forms of employment tests being administered.The U.S. Census Bureau reported in 1988 that 13,415,000 people had a work disability, comprising 8.6% of the 16 to 64 year old population. The number of disabled persons participating in the labor force was 31.6%, however, only 18.2% of the 13.4 million people with a work disability were employed full time. The unemployment rate for those persons with a work disability was much greater than for those with no work disability, 14.2% as compared to 5.8%. Persons with a work disability earned less than half the income of those persons with no disability, $6,319 median annual income as compared to $14,354 of those persons with no work disability.These statistics serve as a reminder that many disabled people continue to face obstacles in gaining access into the employment arena. This Article will reveal how disabled persons are at greater risk when employers increase their screening and testing arsenal in the job selection area.","PeriodicalId":80399,"journal":{"name":"Akron law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1991-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68167637","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Business ethics, law, and the corporate use of laboratory animals.","authors":"D Hoch","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80399,"journal":{"name":"Akron law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1987-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24945482","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Parents, judges, and a minor's abortion decisions: third party participation and the evolution of a judicial alternative.","authors":"W Green","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80399,"journal":{"name":"Akron law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1983-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24944862","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1972-01-01DOI: 10.1515/9781400868254-018
W. Solf
It is a cruel irony that so many of our national leaders and opinion shapers who were silent or supported the original intervention during the Kennedy administration now adopt moralistic postures in the wake of the horrors of that war. There appears to be emerging a curious American inversion of the old "stab in the back" theory. Where the German general staff succeeded in placing the blame for the loss of World War I on the ensuing civilian leadership of the Weimar Republic, the liberal Establishment in America now seems to have embarked on placing the onus of the Vietnam adventure on the military. * . . [A] minor industry exists in the production of books and lectures castigating the military mind, the Pentagon, and GI butchers.
{"title":"A Response to Telford Taylor's Nuremberg and Vietnam: An American Tragedy","authors":"W. Solf","doi":"10.1515/9781400868254-018","DOIUrl":"https://doi.org/10.1515/9781400868254-018","url":null,"abstract":"It is a cruel irony that so many of our national leaders and opinion shapers who were silent or supported the original intervention during the Kennedy administration now adopt moralistic postures in the wake of the horrors of that war. There appears to be emerging a curious American inversion of the old \"stab in the back\" theory. Where the German general staff succeeded in placing the blame for the loss of World War I on the ensuing civilian leadership of the Weimar Republic, the liberal Establishment in America now seems to have embarked on placing the onus of the Vietnam adventure on the military. * . . [A] minor industry exists in the production of books and lectures castigating the military mind, the Pentagon, and GI butchers.","PeriodicalId":80399,"journal":{"name":"Akron law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1972-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/9781400868254-018","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66836009","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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