scholarly journals Compared to What? Menstruation, Pregnancy, and the Complexities of Comparison

2021 ◽  
Vol 41 (1) ◽  
pp. 218-27
Author(s):  
Emily Gold Waldman
Keyword(s):  
Line Drawing ◽  
Sex Discrimination ◽  
Court Case ◽  
Equal Protection Clause ◽  
Bodily Fluids ◽  
Light Duty ◽  
Tax Exempt ◽  
Comparative Model ◽  
Menstrual Products ◽  
The One

This piece explores the complexities of the comparative model as applied to sex discrimination claims that are connected to female biology. On the one hand, comparisons can be a useful and precise way to pinpoint discrimination. The notion that bandages and adult diapers are tax-exempt, while tampons and pads are not, brings the unfairness of the tampon tax into sharp relief: Why are those products for absorbing bodily fluids tax-free, when menstrual products are not? The same is true for a pregnant employee who can show that her request for a light-duty accommodation was denied while the identical light-duty request by another similarly-situated, non-pregnant employee was granted. But the model also contains two traps. First, almost no comparison is perfect. There is often some potential for distinguishing and line-drawing, some way to argue that the comparison does not fully hold up. Second, the comparative model is itself inherently limiting. The biological processes of menstruation and pregnancy (along with menopause and breastfeeding, which this piece does not address) are closely intertwined with female sex and have no obvious analogues. Indeed, these processes impose specific challenges and needs that are not borne equally across the sexes. Yet the comparative model reductively suggests that if no products receive tax-exempt status, or if no employees receive accommodations for their inability to work, there is no sex discrimination issue at all. Although advocates cannot escape the current comparative framework within which they must work—and indeed should use it to their advantage when possible—we should all remain mindful of the framework’s ultimate limitations. The piece begins by analyzing Young v. United Parcel Service, Inc., the 2015 Supreme Court case that grappled with how to apply the PDA’s comparison-based standard. I discuss how Young illustrates the complexities of comparison and unpack the compromise approach that emerged. I then consider the potential usefulness of the Young approach to the tampon tax cases, while acknowledging that they arise under the Equal Protection Clause rather than Title VII. I conclude with some broader reflections.

Argumentation of the Courts and Contemporary Legal Scholarship

2017 ◽  
Author(s):  
Adrian Kuenzler
Keyword(s):  
Case Law ◽  
Copyright Law ◽  
Court Case ◽  
Supply Side ◽  
Resale Price Maintenance ◽  
Goods And Services ◽  
Supreme Court Case ◽  
Resale Price ◽  
The One ◽  
Price Maintenance

This chapter analyzes existing U.S. Supreme Court case law with respect to, on the one hand, antitrust’s minimum resale price maintenance plans, bundling and tying practices, as well as refusals to deal, and, on the other hand, trademark law’s dilution, postsale, sponsorship, and initial interest confusion doctrines, including design patent and selected areas of copyright law. It demonstrates that courts, based on the free riding hypothesis, have come to protect increasing amounts of artificial shortage of everyday consumer goods and services and corresponding incentives to innovate. Through the preservation of such values, antitrust and intellectual property laws have evolved into “dilution laws” and have focused, almost exclusively, on the refurbishment of the technological supply side of our present-day digital economies rather than also on the human demand side of “creative consumption.”

Sex Discrimination and the Transformation of U.S. Education

2018 ◽  
Author(s):  
Erin E. Buzuvis
Keyword(s):  
Equal Opportunity ◽  
Sex Discrimination ◽  
Sexual Misconduct ◽  
Fourteenth Amendment ◽  
Equal Protection Clause ◽  
Lgbt Students ◽  
Societal Norms ◽  
Sex Equality ◽  
Equality In Education

This chapter highlights the role of Title IX of the Education Amendments Act of 1972 and the U.S. Constitution’s Equal Protection Clause of the Fourteenth Amendment in transforming the gendered landscape of U.S. education. After first providing an overview of these two sources of law, the chapter examines the role they have played in challenging sex-based designations in admissions and in the classroom, in promoting equal opportunity and access to school-sponsored athletics, in challenging sexual harassment and other sexual misconduct, in reducing barriers to LGBT students, and in promoting equal opportunity for students who are pregnant. Sections addressing each one of these topics will also note limitations and shortcomings of the law’s approach to these issues, as there is still more work to do to fully realize sex equality in education. While the law has not cured all the problems of sex discrimination education, owing to limitations in its scope, as well as enforceability, it has proven to be a powerful source of societal norms and expectations, which themselves operate to motivate compliance and beyond.

Jauna slota tīri slauka jeb muižnieka Bernharda Magnusa fon Vulfa tiesas prāva pret mācītāju Frīdrihu Danielu Vāru

2021 ◽  
pp. 122-136
Author(s):  
Ginta Pērle-Sīle
Keyword(s):  
Western Europe ◽  
18Th Century ◽  
Contextual Information ◽  
Social Groups ◽  
Literary Work ◽  
Court Case ◽  
Political Events ◽  
The One ◽  
The Relationship ◽  
Research Show

The subject of this article is a court case between Aumeisteri nobleman Berhard Magnus von Wulf (1732–1784) and the minister of Palsmane and Aumeisteri parishes Friedrich Daniel Wahr (1749–1827) about the suspension of the minister from his duties from 1775 to 1779. The aim of the research is to approach the court case as evidence of the different opinions of several social groups where extreme colonial ideas in Vidzeme meet Enlightenment ideas from Western Europe. At the same time, the court case is a source of contextual information for a better understanding of the development of Wahr’s literary and folkloristic heritage. The research is based on studies of documents found in the Latvian State History Archive that are approached using the culture-historical and comparative methods, thus trying to contextualize certain events in a specific place and time. The results of the research show the Palsmane and Aumeisteri society as typical of the second part of the 18th century. The existence of specific social groups, particularism, and the implementation of colonial attitudes by the local nobility are also evident. The attitude of Wahr towards Latvian peasants shows the influence of Enlightenment, especially his efforts in education. The relationship between the parish and its minister incorporates evidence of a syncretic praxis with pagan and Christian traditions. In the light of political events of that particular time, i. e. peasant rebels in Vidzeme, the court case allows Wulf’s accusations to be treated as an opportunity to decrease the implementation of Enlightenment ideas, thus safeguarding the local nobility’s power. At the same time, the court case is a source of biographic, private, and daily life details. The broad range of the parish territory which was often challenging to navigate, the modest means of the minister, and distancing of the local nobility on the one hand, along with the influence of enlightenment ideas, on the other hand, are the most probable grounding for Wahr’s folkloristic and literary work.

3. Certainty and formalities

2018 ◽  
Author(s):  
Elizabeth Macdonald ◽  
Ruth Atkins ◽  
Jens Krebs
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
The Other ◽  
Court Case ◽  
Flexible Systems ◽  
Electronic Transactions ◽  
Supreme Court Case ◽  
Electronic Contracting ◽  
The One ◽  
Binding Agreement

This chapter looks at the need for certainty and formalities in contracting. It explores case law which illustrates, on the one hand, that a willingness of the parties to make a contract does not necessarily amount to a legally binding agreement, whilst on the other hand, there is potential for the court to fill in any gaps to give effect to agreements. The issues surrounding an agreement which is expressed to be ‘subject to contract’ are explored in light of the recent Supreme Court case of RTS Flexible Systems Ltd. The reasons for when contract formalities may be required are also noted. There is also discussion of electronic contracting, in relation to the introduction of the Electronic Identification and Trust Services for Electronic Transactions Regulations (2016/696).

scholarly journals Hardware/software co-design for a parallel three-dimensional bresenham’s algorithm

2019 ◽  
Vol 9 (1) ◽  
pp. 148
Author(s):  
Sarmad Ismael ◽  
Omar Tareq ◽  
Yahya Taher Qassim
Keyword(s):  
Field Programmable Gate Array ◽  
Complete System ◽  
Line Drawing ◽  
Three Dimensional ◽  
End Point ◽  
Field Programmable ◽  
Speed Up ◽  
The One ◽  
Scan Conversion ◽  
Number Of Segments

<p>Line plotting is the one of the basic operations in the scan conversion. Bresenham’s line drawing algorithm is an efficient and high popular algorithm utilized for this purpose. This algorithm starts from one end-point of the line to the other end-point by calculating one point at each step. As a result, the calculation time for all the points depends on the length of the line thereby the number of the total points presented. In this paper, we developed an approach to speed up the Bresenham algorithm by partitioning each line into number of segments, find the points belong to those segments and drawing them simultaneously to formulate the main line. As a result, the higher number of segments generated, the faster the points are calculated. By employing 32 cores in the Field Programmable Gate Array, a line of length 992 points is formulated in 0.31μs only. The complete system is implemented using Zybo board that contains the Xilinx Zynq-7000 chip (Z-7010).<em></em></p>

Russia's Constitutional Court and a Decade of Hard Cases: A Postscript

2003 ◽  
Vol 28 (3-4) ◽  
pp. 655-678 ◽  
Author(s):  
William Simons
Keyword(s):  
Rule Of Law ◽  
Research Effort ◽  
Court Case ◽  
Constitutional Court ◽  
Reform Era ◽  
The Rule Of Law ◽  
Reform Legislation ◽  
Narrow View ◽  
Court Dispositions ◽  
The One

AbstractMuch attention has been focused on the promulgation of legislation as a bellwether of change in Russia since the beginning of perestroika in the mid-1980s; for a brief period at the beginning of the 1990s, there was even a "war of laws". In the 2000s, legislative activity continues unabated—albeit usually charged with less emotion and devoted to more thorough analyses, if not always wide-ranging discussions, of signifi cant policy issues. The implementation of transition-era legislation is also sharing the limelight in recent years. Dispositions of the USSR Committee of Constitutional Supervision (and, later, of the RF Constitutional Court) are prime examples of a prism through which to view the interpretation and implementation of reform-era legislation in the RF. The outcomes of the controversies resolved by the Court could themselves be a bellwether in ascertaining the degree to which reforms in the Russian legal, political, and economic systems are being anchored in the rule of law. For example, the banning of secret laws from the Russian landscape was the outcome of an early landmark Court case. Yet the hangover of an old policy of only partially disseminating information on the judicial interpretation of Russian legislation still remains. This, in turn, stymies further efforts to cement the pieces of the rule of law puzzle more firmly together. While citizens have been entitled for more than a decade to access the full texts of RF laws, they (or their representatives) can only view a part—albeit one that is far greater than in Soviet times—of the work of the judiciary. This is due to a distinctly narrow view of state acts that, alas, does not encompass the gamut of RF judicial dispositions. So, at the beginning of the 2000s, the RF Constitutional Court still applies a fine-line, technical distinction between its two classes of dispositions: postanovleniia and zakliucheniia , on the one hand (that are subject to mandatory publication), and opredeleniia (that are only selectively published) on the other hand. The use of this approach as a filter, limiting access to judicial information in the RF, is especially remarkable in light of the fact that the use of an analogous practice by the legislative branch has been declared unconstitutional. The Court's approach to accessing judicial information throws, in effect, a mantel of secrecy around a not-insignifi cant category of high-court dispositions. This puts the Court at loggerheads with attempts in other sectors of society to strengthen the evolving rule-of-law regime in Russia. This roadblock notwithstanding, the interpretation and application of reform legislation are not longer hidden from full view owing to a unique compilation of published—as well as unpublished—RF Constitutional Court dispositions from the fi rst decade of its operation. The present postscript outlines the research effort that has produced this compilation; it also argues for the rapid enactment of a full-publication policy at all levels of the RF judicial system.

The Italian Constitutional Court Case Law on Competition Law and Free Trade within the Framework of the European Union Legal System

ICL Journal ◽  
2016 ◽  
Vol 10 (3) ◽  
Author(s):  
Elisabetta M. Lanza
Keyword(s):  
European Union ◽  
Free Trade ◽  
Legal System ◽  
Case Law ◽  
Court Case ◽  
Constitutional Court ◽  
The European Union ◽  
European Union Law ◽  
The One

AbstractThis paper analyzes the path paved by the Italian Constitutional Court (ICC) in order to reconcile the series of its inconsistent judgments dealing with free trade, right to economic initiative, and freedom of competition. For this purpose, this article aims at investigating the role of the Italian Constitutional Court in the ‘constitutionalization’ of free trade and freedom of competition and at assessing the relationship between European Union policies and the Constitutional Court interpretation thereof.The last decade demonstrates, on the one hand, that the European Union law has influenced the domestic case law and, on the other hand, that, in turn, the European Union legal system has been ‘constitutionalized’ through the introduction of social and constitutional principles deriving from the Member States’ Constitutions.

Responsibility for a Transmitted Command: A Juror Simulation

1980 ◽  
Vol 50 (3_suppl) ◽  
pp. 1097-1098
Author(s):  
Eric Hoffman
Keyword(s):  
Sex Discrimination ◽  
Mock Juror ◽  
Court Case ◽  
Newspaper Article ◽  
Attributions Of Responsibility ◽  
The Status ◽  
Student Subjects

A mock juror simulation was employed to analyze observers' attributions of responsibility for the transmittal of an illegal act. Student subjects ( N = 261) were presented a newspaper article depicting a court case in which a subordinate personnel interviewer was being sued for sex discrimination which was (1) admitted and (2) under orders from a superior. As predicted the higher the status of the interviewer—the more attributed responsibility. However, the superior was attributed more responsibility than the subordinate regardless of the latter's status in the organization.

scholarly journals Menstruation Discrimination and the Problem of Shadow Precedents

2021 ◽  
Vol 41 (1) ◽  
pp. 235-43
Author(s):  
Deborah A. Widiss
Keyword(s):  
Sex Discrimination ◽  
Reproductive Organs ◽  
Title Vii ◽  
Court Case ◽  
Medical Conditions ◽  
Federal Law ◽  
Pregnancy Discrimination ◽  
Discrimination In Employment ◽  
Supreme Court Case ◽  
Pregnancy Discrimination Act

The burgeoning menstrual justice movement highlights that women, girls, transgender men and boys, and non-binary persons may face discrimination or harassment due to their menstruation in workplaces, schools, prisons, and many other aspects of life. In recent years, a few courts have suggested such discrimination may violate Title VII, the federal law that prohibits sex discrimination in employment. Their analysis focuses on the Pregnancy Discrimination Act (PDA), an amendment to Title VII passed in response to a Supreme Court case holding that pregnancy discrimination was not sex discrimination. The PDA overrode the decision by explicitly defining sex as including “pregnancy, childbirth, or related medical conditions.” The menstruation discrimination cases thus implicate more general questions of how statutory overrides should be interpreted, a subject I’ve explored extensively in prior work. My research suggests that this nascent litigation campaign may face two distinct challenges. The first is that courts will simply deny the claims, reasoning that menstruation is not directly addressed by the text of the PDA and therefore should not be recognized as sex discrimination. The second—which is more subtle, and also perhaps more likely—is that courts could find such discrimination to be actionable, but do so relying solely on the PDA’s explicit reference to “medical conditions” related to pregnancy. While that would be helpful for addressing discrimination in workplaces, it could open the door to arguments that menstruation is outside the ambit of sex discrimination laws that were not amended in a manner analogous to how Title VII was amended. To avoid these potential risks, theorists and advocates should seek to establish that menstruation discrimination is discrimination on the basis of “sex” itself, in that it is a condition linked to female reproductive organs and associated with stereotypes about women’s inferiority. That reasoning, which suggests that the PDA is properly interpreted as signaling Congress’s disapproval with the Supreme Court’s unduly narrow understanding of what constitutes sex discrimination in the earlier pregnancy case, should apply not only to Title VII, but also to the interpretation of statutory and regulatory prohibitions on sex discrimination in non-employment contexts.

Neighbor Love and Legal Precedent

2017 ◽  
Author(s):  
Cathleen Kaveny
Keyword(s):  
Court Case ◽  
Universal Love ◽  
Legal Context ◽  
Administration Of Justice ◽  
Legal Precedent ◽  
Judicial Administration ◽  
Supreme Court Case ◽  
The One ◽  
Relationship Of ◽  
The Relationship

This chapter engages the important recent work of Gene Outka on the relationship of love and justice. Outka’s work examines the relationship of universal love and impartiality. This topic can be explored in the legal context by asking what love requires in the process of the judicial administration of justice. How do the requirements of universal love shape the way we understand the demands of legal impartiality in specific cases? The chapter places Outka’s ideas in conversation with Watts v. Watts, an intriguing Wisconsin Supreme Court case involving the breakup of a couple who held themselves out as legally married without actually having gone through the ceremony. It uses Watts as a touchstone to examine the tension between our obligations of special care for the particular neighbors before us, on the one hand, and the demand for equal regard for all neighbors, near and distant, on the other.

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