32 research outputs found

    "Women's rights, the European Court and Supranational Constitutionalism"

    Get PDF
    This analysis examines supranational constitutionalism in the European Union. In particular, the study focuses on the role of the European Court of Justice in the creation of women’s rights. I examine the interaction between the Court and member state governments in legal integration, and also the integral role that women’s advocates – both individual activists and groups – have played in the development of EU social provisions. The findings suggest that this litigation dynamic can have the effect of fueling the integration process by creating new rights that may empower social actors and EU organizations, with the ultimate effect of diminishing member state government control over the scope and direction of EU law. This study focuses specifically on gender equality law, yet provides a general framework for examining the case law in subsequent legal domains, with the purpose of providing a more nuanced understanding of supranational governance and constitutionalism

    Amicus Brief, Lebron v. Gottlieb Memorial Hospital

    Full text link
    Illinois Public Act 82-280, § 2-1706.5, as amended by P.A. 94-677, § 330 (eff. Aug. 25, 2005), and as codified as 735 ILCS 5/2-1706.5(a), imposes a 500,000“cap”onthenoneconomicdamagesthatmaybeawardedinamedicalmalpracticesuitagainstaphysicianorotherhealthcareprofessional,anda500,000 “cap” on the noneconomic damages that may be awarded in a medical malpractice suit against a physician or other health care professional, and a 1 million “cap” on the noneconomic damages that may be awarded against a hospital, its affiliates, or their employees. This brief will address two of the questions presented for review by the parties: 1. Does the cap violate the Illinois Constitution’s prohibition on “special legislation,” Art. IV, § 3, because it unnecessarily, arbitrarily, and irrationally grants exceptional benefits and privileges exclusively to certain classes of tort defendants. 2. Does the cap violate the Illinois Constitution’s guarantee of “equal protection,” Art. I, § 2, because it unnecessarily, arbitrarily, and irrationally imposes extraordinary burdens uniquely upon certain classes and sub-classes of tort plaintiffs

    Sexual Harassment

    No full text
    This groundbreaking Symposium will analyze two seemingly conflicting value systems in recent employment discrimination areas: one that prohibits stereotyping in the workplace, and another that uploades workplace appearance standards. Part 3. Session 4 with Trina Jones, Theresa Beiner, Martha Chamallas, Adrienne Davis, Barbara Flagg, Deborah Zalesne. Panel titled: Sexual Harrassment. Appearing: Part 3. Session 4 with Theresa Beiner (University of Arkansas at Little Rock, William H. Bowen School of Law), Martha Chamallas (The Ohio State University, Michael E. Mortiz College of Law), Adrienne Davis (University of North Carolina School of Law), Barbara Flagg (Washington University in St. Louis School of Law), Deborah Zalesne (The City University of New York School of Law), panelists. Trina Jones (Duke University School of Law), moderator

    Sexual Harassment

    No full text
    This groundbreaking Symposium will analyze two seemingly conflicting value systems in recent employment discrimination areas: one that prohibits stereotyping in the workplace, and another that uploades workplace appearance standards. Part 3. Session 4 with Trina Jones, Theresa Beiner, Martha Chamallas, Adrienne Davis, Barbara Flagg, Deborah Zalesne. Panel titled: Sexual Harrassment. Appearing: Part 3. Session 4 with Theresa Beiner (University of Arkansas at Little Rock, William H. Bowen School of Law), Martha Chamallas (The Ohio State University, Michael E. Mortiz College of Law), Adrienne Davis (University of North Carolina School of Law), Barbara Flagg (Washington University in St. Louis School of Law), Deborah Zalesne (The City University of New York School of Law), panelists. Trina Jones (Duke University School of Law), moderator
    corecore