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2004 - American Political Science Association Pages: 34 pages || Words: 13231 words || 
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1. Deardorff, Michelle. "Beyond Pregnancy--Males, Infertility, Birth Control, and Breastfeeding: Judicial Determination of Statutory Intent" Paper presented at the annual meeting of the American Political Science Association, Hilton Chicago and the Palmer House Hilton, Chicago, IL, Sep 02, 2004 <Not Available>. 2020-01-24 <http://citation.allacademic.com/meta/p60590_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: How do statutory protections against pregnancy discrimination directly affect employees who breastfeed, the infertile, and those who wish to control fertility? This paper examines the limits of the coverage federal courts have been willing to provide employees under Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978 (PDA). In the 25 years since Congress recognized pregnancy as a form of gender discrimination, federal courts have wrestled with the permissible treatment of pregnant workers. But what are the parameters of this statute? Are male employees discriminated against if they do not have identical opportunities as female colleagues? Are employers and their insurance companies responsible for infertility treatments, if infertility is the absence of pregnancy? Does the avoidance of pregnancy through the use of birth control constitute a “related condition” warranting coverage? Are employees who breastfeed protected by statutory language that considers “any discrimination on the basis of pregnancy, childbirth, and any related condition” sex discrimination? Is breastfeeding “a related condition of pregnancy”? Based on a data set of published opinions of the federal courts surrounding the application and definition of this statute, this paper examines how the federal courts have answered these questions and consequently interpreted the scope of the PDA.

2006 - American Political Science Association Words: unavailable || 
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2. Waterman, Richard. "Discerning Congressional Intent: Statutory Constraint of the Federal Courts" Paper presented at the annual meeting of the American Political Science Association, Marriott, Loews Philadelphia, and the Pennsylvania Convention Center, Philadelphia, PA, <Not Available>. 2020-01-24 <http://citation.allacademic.com/meta/p151992_index.html>
Publication Type: Proceeding

2005 - The Law and Society Words: 209 words || 
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3. Forren, John. "Radiating Effects and Bargaining Chips: Litigation, Negotiation, and the Statutory Protection of Free Exercise Rights" Paper presented at the annual meeting of the The Law and Society, J.W. Marriott Resort, Las Vegas, NV, <Not Available>. 2020-01-24 <http://citation.allacademic.com/meta/p17801_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Abstract: As a partial remedy to the reduction of First Amendment protections for religious action in Employment Division v. Smith (1990), Congress enacted the Religious Land Use and Institutionalized Persons Act (RLUIPA) in 2000. Among other things, RLUIPA's core provisions require local zoning and historic preservation officials to exempt religious organizations from burdensome regulations unless doing so would threaten a compelling governmental interest.

To what extent has RLUIPA protected religious rights? Judging by litigation outcomes alone, the evidence looks bleak; indeed, in the reported decisions to date, religious organizations have usually failed in court when pressing RLUIPA claims. Yet as this paper shows, RLUIPA has indeed fostered greater accommodation of religion in numerous instances around the country -- because its statutory remedies have increased the leverage of religious interests in bargaining outside of court. Simply put, critics of RLUIPA who decry its ineffectiveness as a judicial remedy may be missing the forest for the trees. In dozens of instances of church-state conflict from coast to coast, religious organizations have effectively used RLUIPA -- and its implicit threat of judicial remedy -- as an effective tool in gaining accommodations through negotiations. In those cases, no resort to courts and formal litigation ever became necessary.

2004 - The Law and Society Association Words: 261 words || 
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4. Blatt, William. "Exorcising Spirits from the Church: Justice Brewer's Contribution to Statutory Interpretation" Paper presented at the annual meeting of the The Law and Society Association, Renaissance Hotel, Chicago, Illinois, May 27, 2004 <Not Available>. 2020-01-24 <http://citation.allacademic.com/meta/p116949_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Holy Trinity Church v. United States considered whether a statute prohibiting the importation of "labor" prevented a New York church from hiring a English minister. Conceding that the statutory language encompassed the hiring, the Supreme Court nonetheless held the statute inapplicable, citing the "familiar rule, that a thing may be within the letter of the statute and yet not within the statute, because not within its spirit, nor within the intention of its makers." For over a century, Holy Trinity has stood for this controversial proposition.


Holy Trinity has long been cited as an exemplar of intentionalist interpretation. This is quite surprising, as the facts of that case provide poor support for Justice Brewer's "familiar rule" and intentionalist interpretation more generally. The significance of the case is, in fact, quite different. Holy Trinity provides a prototypical example of how to incorporate public perspectives into statutory interpretation. An amendment passed after the hiring but before the argument in the Supreme Court grounds the Court's result.


This analysis radically alters the significance of Holy Trinity. Its importance lies not so much in its "familiar rule," as in its implicit methodology for determining legislative audience. The case provides guidance not on the choice between text and intent, but on a very different issue: determining which of two competing statutes governs. Legislative audience forms the backdrop against which judges assess the compatibility and scope of statutory texts. An understanding of this context reconciles contradictory case law and refines bright-line rules contained in that law.

2006 - The Law and Society Association Words: 179 words || 
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5. Zatz, Noah. "Employment Without Contract? Prison Laborers as Statutory Employees" Paper presented at the annual meeting of the The Law and Society Association, Jul 06, 2006 <Not Available>. 2020-01-24 <http://citation.allacademic.com/meta/p95023_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Paid labor by prisoners is an increasingly important part of incarceration in the U.S. Prison laborers repeatedly have sought legal redress for violations of labor & employment laws, including minimum wage and antidiscrimination protections. Courts then have had to decide whether these protections apply to this form of work, and they have struggled to square the existence of an exchange of labor and economic benefits with an impulse to distinguish a distinctly non-economic field of “punishment” from a fundamentally “economic” employment relationship. For the most part, prison laborers have been denied "employee" status on the ground that they do not work in a labor market organized through free contract. This identification of statutory employment rights with individual employment contracts is ironic because, in other contexts, labor & employment statutes often are understood as repudiating contractual orderings. This paper explores how legal classification as "employment" serves not simply as the basis for a regulatory intervention in the labor market but also as a means of constituting and bounding "the market" as a distinct social field.

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