Vanderbilt Law Review

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from April 2004
Last Number: January 2014

Vanderbilt Law Review
ISSN 0042-2533

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Vol. 67 Nbr. 1, January 2014

Delimiting Title Vii: Reverse Religious Discrimination and Proxy Claims in Employment Discrimination Litigation

This Note attempts to explore the most challenging legal questions raised by reverse religious discrimination claims. The primary goals of this Note are to analyze these new and controversial issues and to propose a pragmatic solution. Part II discusses the constitutional values implicated by reverse religious discrimination claims; the prima facie analysis for Title VII discrimination claims; federal, state, and local sexual orientation discrimination laws; and unsuccessful litigation strate...

Designing Administrative Law for Adaptive Management

Administrative law needs to adapt to adaptive management. Adaptive management is a structured decisionmaking method, the core of which is a multistep, iterative process for adjusting management measures to changing circumstances or new information about the effectiveness of prior measures or the system being managed. It has been identified as a necessary or best-practices component of regulation in a broad range of fields, including drug and medical-device warnings, financial system regulatio...

Multiple-Agency Delegations & One-Agency Chevron

Congress frequently delegates to agencies, and a host of Supreme Court decisions have articulated tests for determining what level of deference courts should give to agency interpretations of their statutory directives. Courts have historically undertaken these analyses in the context of a single agency. Congressional authorization of joint rulemaking authority is more complicated, however, and the traditional frameworks for review are inadequate. This Note argues for a shift in the tradition...

The Right to Vote Under State Constitutions

This Article provides the first comprehensive look at state constitutional provisions explicitly granting the right to vote. Virtually every state constitution includes direct, explicit language granting the right to vote, as contrasted with the US Constitution, which mentions voting rights only implicitly. Yet those seeking to protect the right to vote have largely ignored the force of state constitutions, particularly because many state courts "lockstep" their state constitutional voting pr...

Toward a Definitive History of Griggs V. Duke Power Co.

When Griggs v Duke Power Co was unanimously handed down by the US Supreme Court on Mar 8, 1971, the decision did not draw prominent headlines. Griggs v Duke Power Co emerged from the immediate aftermath of the enactment of Title VII of the Civil Rights Act of 1964. The legislative history of the Act's consideration, debate, and amending in both houses of Congress has been revisited many times, but it bears strong emphasis that Title VII, targeted at eliminating discrimination on the basis of ...

Uncovering the Silent Victims of the American Medical Liability System

A frequently overlooked problem with the current medical liability system is the vast number of medical errors that go uncompensated. Although studies indicate that 1% of hospital patients are victims of medical negligence, fewer than 2% of these injured patients file claims. In this Article, the author explains that many victims of medical malpractice do not file claims because they are unable to find attorneys willing to take their cases. She conducted the first national survey of attorneys...

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