Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Washington and Lee University School of Law (16)
- University of Michigan Law School (8)
- Villanova University Charles Widger School of Law (7)
- Vanderbilt University Law School (5)
- Maurer School of Law: Indiana University (2)
-
- Cleveland State University (1)
- Fordham Law School (1)
- Loyola University Chicago, School of Law (1)
- North Carolina Central University School of Law (1)
- Seattle University School of Law (1)
- University at Buffalo School of Law (1)
- University of Georgia School of Law (1)
- University of Kentucky (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Missouri-Kansas City School of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of Richmond (1)
- University of Washington School of Law (1)
- Keyword
-
- Constitutional Law (13)
- Civil Rights (12)
- Due Process (5)
- Equal Protection (4)
- Civil Rights Act of 1964 (3)
-
- Civil Rights Law (3)
- Discrimination (3)
- Educational Aid (3)
- States (3)
- Title VII (3)
- Church and State (2)
- Cities (2)
- Civil Procedure (2)
- Civil rights (2)
- Criminal justice (2)
- Desegregation (2)
- Employees (2)
- Employment discrimination (2)
- Equal protection (2)
- Federal Courts (2)
- Fourteenth Amendment (2)
- Freedom of Speech (2)
- Judicial Review (2)
- Juveniles (2)
- Racial discrimination (2)
- Sex discrimination (2)
- 14th amendment (1)
- Abortion and Birth Control (1)
- Actions and defenses (1)
- Administration of law (1)
- Publication
-
- Supreme Court Case Files (14)
- Villanova Law Review (7)
- Vanderbilt Law Review (5)
- University of Michigan Journal of Law Reform (4)
- Michigan Law Review (3)
-
- Washington and Lee Law Review (2)
- All Faculty Scholarship (1)
- Articles (1)
- Articles by Maurer Faculty (1)
- Buffalo Law Review (1)
- Cleveland State Law Review (1)
- Faculty Articles (1)
- Faculty Scholarship (1)
- Faculty Works (1)
- Indiana Law Journal (1)
- Kentucky Law Journal (1)
- Loyola University Chicago Law Journal (1)
- Maryland Law Review (1)
- North Carolina Central Law Review (1)
- Scholarly Works (1)
- University of Richmond Law Review (1)
- Washington Law Review (1)
- Publication Type
Articles 1 - 30 of 51
Full-Text Articles in Entire DC Network
Equal Protection, Economic Legislation,And Racial Discrimination, William Silverman
Equal Protection, Economic Legislation,And Racial Discrimination, William Silverman
Vanderbilt Law Review
The drive to end racial discrimination now extends beyond blatant racial distinctions to less obvious and less intentional forms of unequal treatment; nonetheless, there still exist laws and governmental programs that are racially neutral on their face but that may have a racially discriminatory impact in practice. Such discrimination can take place when economic and social welfare legislation, lacking a sound economic grounding, attacks symptoms rather than causes and thereby unintentionally compounds the problems facing black people. At the same time, laws that are at the root of unequal treatment seem to go unchallenged. From the point of view of …
Recent Developments, Law Review Staff
Recent Developments, Law Review Staff
Vanderbilt Law Review
The fourteenth amendment provides that "[n]o State shall . ..deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."' The amendment thus explicitly forbids the state to engage in certain conduct, but places no express restriction on the acts of private individuals. Although the Supreme Court has consistently held that state action is a necessary element of a fourteenth amendment violation, the concept of state action was expanded to cover activities arguably private in nature to the extent that by 1970 the Court …
Strangers In Paradise: Griggs V. Duke Power Co. And The Concept Of Employment Discrimination, Alfred W. Blumrosen
Strangers In Paradise: Griggs V. Duke Power Co. And The Concept Of Employment Discrimination, Alfred W. Blumrosen
Michigan Law Review
In March 1966, the Equal Employment Opportunity Commission (EEOC) negotiated an extensive agreement with the Newport News Shipyard to eliminate employment discrimination. The outcome of these negotiations-which were conducted by the Office of Conciliations which I then headed-was the first major achievement for the EEOC under title Vll of the Civil Rights Act of 1964. Following that episode, Ken Holbert, Deputy Chief of Conciliations, and I decided to try to negotiate a model conciliation agreement on the subject of discriminatory employment testing. We knew that many companies had introduced tests in the 1950's and early 1960's when they could no …
Ward V. Village Of Monroeville, Lewis F. Powell Jr.
Ward V. Village Of Monroeville, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Hurtado V. United States, Lewis F. Powell Jr.
Hurtado V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Gagnon V. Scarpelli, Lewis F. Powell Jr.
Gagnon V. Scarpelli, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
White V. Regester, Lewis F. Powell Jr.
Drummond V. Acree, Lewis F. Powell Jr.
Gaffney V. Cummings, Lewis F. Powell Jr.
Gaffney V. Cummings, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Mahan V. Howell, Lewis F. Powell Jr.
Pittsburgh Press Co. V. Pittsburgh Commission On Human Relations, Et. Al., Lewis F. Powell Jr.
Pittsburgh Press Co. V. Pittsburgh Commission On Human Relations, Et. Al., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Mcdonnell Douglas V. Green, Lewis F. Powell Jr.
Mcdonnell Douglas V. Green, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Roe V. Wade, Lewis F. Powell Jr.
Keyes V. School District No. 1, Denver, Colorado, Lewis F. Powell Jr.
Keyes V. School District No. 1, Denver, Colorado, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
San Antonio Independent School District V. Rodriguez, Lewis F. Powell Jr.
San Antonio Independent School District V. Rodriguez, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Georgia V. United States, Lewis F. Powell Jr.
Georgia V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
A Woman's Right To Voluntary Sterilization, Susan L. Bloom
A Woman's Right To Voluntary Sterilization, Susan L. Bloom
Buffalo Law Review
No abstract provided.
Whither The Concept "Affected With A Public Interest"?, Sterry R. Waterman
Whither The Concept "Affected With A Public Interest"?, Sterry R. Waterman
Vanderbilt Law Review
We of the law and we who administer the law are challenged today more acutely than ever before. Many serious-minded people question whether the law is or can ever be an instrumentality of social justice.Many of our citizens believe that, irrespective of the precepts of the law,the administration of the law frequently has been used as a device to frustrate the legitimate aspirations of those seeking to participate as equals with other Americans in the benefits of American society. The inclusion of more and more activities as activities "affected with the public interest" is evidence that there are some who …
School Board Of The City Of Richmond, Virginia V. State Board Of Education Of The Commonwealth Of Virginia, Lewis F. Powell Jr.
School Board Of The City Of Richmond, Virginia V. State Board Of Education Of The Commonwealth Of Virginia, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Attorney Fees In School Desegregation Cases
Attorney Fees In School Desegregation Cases
Washington and Lee Law Review
No abstract provided.
School Desegregation And Affirmative Equitable Relief: Swann And Beyond
School Desegregation And Affirmative Equitable Relief: Swann And Beyond
Washington and Lee Law Review
No abstract provided.
Recent Developments, Law Review Staff
Recent Developments, Law Review Staff
Vanderbilt Law Review
In the recent decision of Bradley v. School Board, a Virginia federal court ordered the consolidation of the predominantly black Richmond school district with the surrounding all-white suburban school districts of Henrico and Chesterfield Counties. This decision marks the first time that a court has consolidated two or more autonomous school districts for the purpose of achieving a racial balance in the schools that reflects the racial composition of the consolidated areas as a whole. While Judge Merhige in Bradley punctiliously followed the principles enunciated by the Supreme Court in Swann v. Charlotte-Mecklenburg Board of Education and its earlier desegregation …
Racial Discrimination In Employment: Rights And Remedies, J. Ralph Beaird
Racial Discrimination In Employment: Rights And Remedies, J. Ralph Beaird
Scholarly Works
Professor Beaird believes that the current multiplicity of forums available to an employee who alleges discrimination against him should be merged into one. Ideally he would like to see an administrative agency given primary jurisdiction with authority similar to that possessed by the NLRB. Until an agency is given such power, Professor Beaird suggests that the forums themselves apply collateral estoppel principles to alleviate the inequities inherent in repetitious litigation.
Lots For Sale - Discrimination In Site Selection, Henri Norris
Lots For Sale - Discrimination In Site Selection, Henri Norris
North Carolina Central Law Review
No abstract provided.
Wilkins V. Bentley: Getting Out The Student Vote In Michigan, Michigan Law Review
Wilkins V. Bentley: Getting Out The Student Vote In Michigan, Michigan Law Review
Michigan Law Review
The right to vote is one of the most precious constitutional rights. The Supreme Court has described it as preservative of all rights, a fundamental matter in a free and democratic society, and a bedrock of our political system. Justice Black once stated, "No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live." It supports not only the individual's personal interest in self-government, but also the collective societal interest in broadly based consensual representation. The magnitude of these …
Federal Jurisdiction—Civil Rights: A Federal Remedy Against Private Class Discrimination Under 42 U.S.C. § 1985(3) (1970)—Griffin V. Breckenridge, 403 U.S. 88 (1971), Anon
Washington Law Review
Plaintiffs, black citizens of Mississippi, sued in federal court under 42 U.S.C. § 1985(3) alleging that defendants, white citizens of Mississippi, had conspired to deprive them of the equal protection of the laws and equal privileges and immunities under the law. Plaintiffs' claim arose out of an incident during which defendants, under the mistaken belief that a person in the company of plaintiffs was a civil rights worker, stopped plaintiffs' car on a public highway, forced them from the car and physically assaulted them. The district court dismissed the suit on the ground that section 1985(3) reached only conspiracies under …
Rule-Making And The Police, Carl Mcgowan
Rule-Making And The Police, Carl Mcgowan
Michigan Law Review
That remarkable man, Justice Oliver Wendell Holmes, in whose name and by whose providence we are met on this occasion, had many profound perceptions about the nature of law-making. Except for the violence of the Civil War in his youth, his life was largely lived at a time and in a society which seem simple and benevolent by comparison with our own. Some of his generalizations, nevertheless, continue to define accurately the limitations under which we confront the complexities presently assailing us on every side. This is notably true of the administration of criminal justice.
De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman
De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman
All Faculty Scholarship
No abstract provided.
A Suggested Legislative Device For Dealing With Abuses Of Criminal Records, Walter W. Steele Jr.
A Suggested Legislative Device For Dealing With Abuses Of Criminal Records, Walter W. Steele Jr.
University of Michigan Journal of Law Reform
There are pitfalls apparent in ameliorating the overuse of criminal records. For example, techniques of expunging, sealing, and limiting access do not affect legal status. No amount of expunging, or sealing, or limiting access is truly useful unless civil rights, such as the right to vote, are restored as well. Another problem is the inherent breadth of a criminal record, which can involve acts or allegations of acts ranging from traffic offenses to murder or rape. Thus, it is difficult to draw precise guidelines delineating those parts of the record which may be legitimately used. The apparently illegitimate use of …
Facially Neutral Criteria And Discrimination Under Title Vii: "Built-In Headwinds" Or Permissible Practices?, Dianne Brou Fraser
Facially Neutral Criteria And Discrimination Under Title Vii: "Built-In Headwinds" Or Permissible Practices?, Dianne Brou Fraser
University of Michigan Journal of Law Reform
This article discusses how Title VII affects the operation of these facially neutral practices and attempts to determine when such practices are unlawful under Title VII. It also discusses the possible effects of the Equal Employment Opportunity Act of 1972 on this problem.