Employment Discrimination and Presidential Immunity Cases

26 Pages Posted: 14 Nov 2013

See all articles by Eileen R. Kaufman

Eileen R. Kaufman

Touro University - Jacob D. Fuchsberg Law Center

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.

Suggested Citation

Kaufman, Eileen R., Employment Discrimination and Presidential Immunity Cases (1998). 14 Touro L. Rev. 433 (1998), Touro Law Center Legal Studies Research Paper Series, Available at SSRN: https://ssrn.com/abstract=2351517

Eileen R. Kaufman (Contact Author)

Touro University - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

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