The Restorative Workplace: An Organizational Learning Approach to Discrimination

Deborah Thompson Eisenberg *

As Title VII of the Civil Rights Act of 1964 turns fifty,[1] many employers continue to search for effective ways to integrate its rights-based antidiscrimination mandates into the practical realities of managing an organization. Title VII and related laws[2] have two core purposes. The “primary objective” is an antidiscrimination or egalitarian goal: “to achieve equality of employment opportunities and remove” discriminatory barriers in the workplace.[3] In the words of one federal court, Title VII aimed “to liberate the workplace from the demeaning influence of discrimination, and thereby to implement the goals of human dignity and economic equality in employment.”[4]

Read more

A New Proposal to Address Local Voting Discrimination

Cody Gray *

Lorna Francis is an African American woman who lives in Conyers, Georgia, a quiet city southeast of Atlanta.[1] She is a hairdresser and single mother, and has little time for anything else.[2] Politics is something of an afterthought for Lorna: “Life’s been busy—I’ve been trying to make that money.”[3] So she was not surprised to learn she had missed the most recent mayoral election: “[H]onestly, I only vote in major elections.”[4]

Read more

Binding the Enforcers: The Administrative Law Struggle behind President Obama’s Immigration Actions

Michael Kagan *

President Obama has made executive action and prosecutorial discretion his signature contributions to immigration policy. His aim has been to focus enforcement against immigrants caught at the border or with criminal records while easing the path toward integration for others.[1] These actions—a collection of policies that use discretion to improve the legal standing of millions of unauthorized immigrants or at least shield them from arrest and deportation—may benefit as many as 87% of the unauthorized immigrants in the United States.[2]

Read more

Protest is Different

Jessica L. West *

Sometimes dramatic, sometimes mundane, acts of civil disobedience bring attention to issues that have recently included climate change, policing, and high school closings. In the United States, we are surrounded by protest. The stories of these protests capture deep aspects of the human experience and our relationship to government power. These stories often involve a confrontation between the protester and the law. Popular media is full of stories of protesters who have stepped over the law: the news article regarding a nun who served seven years in federal prison for pouring a vial of human blood on a Trident missile silo; the movie about an environmental protester who broke up a federal lease auction; the business journal report on the $20 million cost to the city of Baltimore for the police overtime and cleanup as a result of protests.

Read more

2015 Annual Survey: Bankruptcy Law

The Honorable Kevin R. Huennekens *

Nathan Kramer **

This survey of bankruptcy and insolvency case law is the third installment in this series, which was initiated in 2009[1] following Congress’s enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”) in 2005.[2] The previous version of this article was published in 2012,[3] not long after the Supreme Court’s 2011 ruling in Stern v. Marshall, which restricted the authority of bankruptcy courts to issue final judgments on issues arising under state law.[4] As was noted in the 2012 installment, “[t]he full impact of Stern both nationally and in the Fourth Circuit remains to be seen.”[5] There has been a significant amount of development concerning Stern claims both nationally and within the Fourth Circuit in the past three years.[6] It is fitting that this installment should come on the heels of the Supreme Court’s decision in Wellness International Network, Ltd. v. Sharif, which has resolved many of the issues posed by Stern, at least for the time being.[7] More generally, the Supreme Court has decided an abnormally large number of bankruptcy cases in the past few years.

Read more

2015 Annual Survey: Civil Practice and Procedure

John R. Walk *

Jaime B. Wisegarver **

This article surveys recent significant developments in Virginia civil practice and procedure. The article discusses opinions of the Supreme Court of Virginia from June 2014 through June 2015 addressing noteworthy civil procedure topics, amendments to the Rules of the Supreme Court of Virginia concerning procedural issues during the same period, and legislation enacted by the Virginia General Assembly during its 2015 session that relates to civil practice.

Read more

2015 Annual Survey: Election Law and Government Ethics

Christopher R. Nolen *

Jeffrey S. Palmore **

While the 2014–2015 period brought relatively modest changes to election law, it saw substantial changes in Virginia’s ethics laws for legislators, other public officials, and lobbyists. This article surveys developments in Virginia election and government ethics laws for 2014 and 2015, with an emphasis on legislative developments. The focus is on those statutory developments that have significance or general applicability to the implementation of Virginia’s election and ethics laws. Consequently, not every election-related bill approved by the General Assembly is discussed.

Read more
Page 10 of 31« First...89101112...2030...Last »