Introduction - II. The importance of collective actions in providing redress for negative value consumer claims - A. Injuries to Consumers in the United States and Italy: An Illustration - B. The Collective Action as a Consumer’s Only Remedy - III. Italy’s new class action as the government’s remedy - IV. The U.S. and Italian approaches to protecting consumers through collective actions for damages: two important features - A. The Opt-In/Opt-Out Comparison: Which Is More Effective for Consumer Class Actions? - B. Associational Standing: Should it be Broad or Limited? - 1. Associational Standing in Italy - 2. Associational Standing in the United States - V. Synthesizing the opt-in/opt-out class action device and associational standing in Italy and the United States: which flaws are ad...
In addition to set-asides and subcontracting opportunities, price evaluation adjustments for SDBs were authorized, providing a 10% preference in competitive acquisitions.33 Preferences, as applied to small businesses, have long been an accepted practice.34 However, when such preferences are applied to SDBs, protestors contend that it is a violation of equal protection rights and that the government, while promoting affirmative action, is engaging in reverse discrimination.35 III.\n Further, at the level of public policy development, there is a clear recognition that workplace diversity is a critical variable in developing harmonious, stable, and progressive societies.186 Government agencies continue to face the pressure of protecting the equal rights of non-minority or non-disadvantaged...
The solidification of the doctrine in the late nineteenth century was of a piece with the national abandonment of Reconstruction, just as the gradual undermining of the traditional contours of the state action doctrine in the 1940s and 1950s was largely a product of the rising tide of the civil rights movement.\n Such a ruling would have required a rationale that would have been different from the rightremedy discussion that emerged out of Morgan, which the Court used as the basis for limiting Congress's Section 5 discretion in Boerne.363 If there ever was an opportunity to fundamentally reshape the state action doctrine, it came in the federal government's confrontation with public accommodations discrimination in the years following the sit-in movement. At the heart of the story of t...
Discrimination against transgender individuals in housing is pervasive. Nonetheless, American jurisprudence has not explicitly addressed whether there are legal protections available to transgender individuals who are the targets of housing discrimination. This Note argues that courts should utilize a broad and literal understanding of the Fair Housing Act's prohibition against discrimination on the basis of "sex," thereby recognizing that animus towards an individual's sex and his or her expression thereof, is, by its very terms, discrimination on account of "sex." In so doing, courts will find that transgender housing discrimination constitutes actionable "sex" discrimination within the meaning of the Fair Housing Act.
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