Employment Discrimination and Presidential Immunity Cases
26 Pages Posted: 14 Nov 2013
Date Written: 1998
Abstract
At a symposium entitled, "The Supreme Court and Local Government Law 1996-97 Term," Professor Eileen Kaufman discussed four cases decided during that particular Supreme Court Term. The cases discussed do not fit neatly within one category, nor do they suggest any particular unifying theme. Robinson v. Shell Oil is a statutory case that resolves the issue of whether a former employee can bring a retaliation claim under Title VII, the employment discrimination statute. The next case, Clinton v. Jones, while also, in a sense, a discrimination case, resolves the issue of whether there is presidential immunity from civil suits based on actions taken before assuming office. The third case, Bracy v. Gramley, while also involving misconduct by one in high office, resolves the question of whether a criminal defendant has a due process right to a trial by an unbiased judge. Finally, M. L. B. v. S. L. J., while also involving due process, resolves the question of whether an indigent parent can be deprived of the right to appeal the termination of her parental rights due to an inability to pay the required costs.
Keywords: Supreme Court, Title VII, discrimination, presidential immunity, due process, access to justice, Robinson, Clinton, Bracy, M.L.B.
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