Digital Commons Network^™

The Nature Of The Constitutional Process: Equal Protection And The Burger Court, Albert Broderick

North Carolina Central Law Review

No abstract provided.

Sex Discrimination: Theories And Defenses Under Title Vii And Burwell V. Eastern Airlines, Inc., Debra G. Archer

West Virginia Law Review

Following the enactment of Title VII of the Civil Rights Act in 1964 dealing with equal opportunity and employment discrimination, there arose a large body of case-law litigating Title VII issues and a large body of articles dissecting the cases and issues. Within this area, different methods for proving Title VII violations and different types of defenses developed. Almost inevitably, confusion arose concerning the applicability of specific defenses to specific types of Title VII violations. The Fourth Circuit Court of Appeals attempted to resolve some of this confusion in a sex discrimination case captioned Burwell v. Eastern Airlines, Inc. In …

Set-Offs Against Back Pay Awards Under The Federal Age Discrimination In Employment Act, Michigan Law Review

Michigan Law Review

This Note proposes a theory to govern set-offs against ADEA damage awards that best effectuates congressional ~tent. It suggests that courts should set off those types of benefits received after a violation that, had they been lost because of a violation, would have been included in the damage award. Part I identifies the proper measure of damages under the ADEA as the net loss of 'job-related benefits," doubled in cases of willful violation. It explains first that job-related benefits should be broadly defined to include unemployment compensation and social security benefits as well as wages, and second that the congressional …

Pregnancy And Hiring Discrimination, April L. Dowler

West Virginia Law Review

The employer looks over the application on his desk. The applicant has the right educational requirements; her references are impressive; she has experience which would greatly benefit her in the position. She looks like a good prospect. The employer buzzes his secretary and requests that the applicant be shown to his office for an interview. As the applicant enters the room he rises to meet her. Half way out of his chair he stops. Printed on the front of the woman's shirt are the letters B-A-B-Y with an arrow pointing down to the slight bulge at the woman's stomach. Politely …

Survey Of Developments In The Fourth Circuit: 1980

West Virginia Law Review

No abstract provided.

Affirmative Action And Reverse Discrimination: Where Do We Stand Now, Kenneth Galchus

University of Arkansas at Little Rock Law Review

No abstract provided.

Bakke, Weber And Fullilove: Benign Discrimination And Congressional Power To Enforce The Fourteenth Amendment, Robert A. Bohrer

Indiana Law Journal

No abstract provided.

To Set The Law In Motion: The Freedmen's Bureau And The Legal Rights Of Blacks, 1865-1868, Michigan Law Review

Michigan Law Review

A Review of To Set the Law in Motion: The Freedmen's Bureau and the Legal Rights of Blacks, 1865-1868 by Donald G. Nieman

Britain, Blacks, And Busing, Derrick Bell

Michigan Law Review

A Review of Doing Good By Doing Little: Race and Schooling in Britain by David L. Kirp

The Supreme Court: A Citadel For White Supremacy, Sidney Willhelm

Michigan Law Review

A Review of Race, Racism and American Law by Derrick A. Bell, Jr.

Apartheid In America: A Historical And Legal Analysis Of Contemporary Racial Segregation In The United States, Michigan Law Review

Michigan Law Review

A Review of Apartheid in America: A Historical and Legal Analysis of Contemporary Racial Segregation in the United States by James A. Kushner

A True Deliverance: The Joan Little Case, Michigan Law Review

Michigan Law Review

A Review of A True Deliverance: The Joan Little Case by Fred Harwell

Compensating The Handicapped: An Approach To Determining The Appropriateness Of Damages For Violations Of Section 504, James R. Layton

BYU Law Review

No abstract provided.

Vii. Employment Discrimination

Washington and Lee Law Review

No abstract provided.

Constitutional Privacy, The Right To Die And The Meaning Of Life: A Moral Analysis, David A.J. Richards

William & Mary Law Review

No abstract provided.

Sex-Based Wage Discrimination Under Title Vii: Equal Pay For Equal Work Or Equal Pay For Comparable Work?, Faith D. Ruderfer

William & Mary Law Review

No abstract provided.

Certificate: Abwa Citation Of Appreciation, American Business Women's Association

Saffy Collection - All Textual Materials

ABWA Citation of Appreciation presented to Dr. Edna Saffy. As an expression of appreciation for courtesies extended this chapter and the American Business Women’s Association, we hereby present this Citation. Beaches Charter Chapter February 17, 1981.

Potential Immunity Of Land Use Control Systems From Civil Rights And Antitrust Liability (With J. Bonder), Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

The Age Discrimination Act Of 1975, As Amended: Genesis And Selected Problem Areas (Symposium), Howard C. Eglit

All Faculty Scholarship

No abstract provided.

Constitutional Law - Racial Discrimination - Thirteenth Amendment, Nicholas D. Krawec

Duquesne Law Review

42 U.S.C. § 1982-The United States Supreme Court has held that the official closing of a public street, resulting in a benefit for the white residents of that street and an inconvenience disparately impacting black residents of a neighboring community, is neither a badge of slavery prohibited by the thirteenth amendment nor an impairment of property interests protected by 42 U.S.C. § 1982.

City of Memphis v. Greene, 101 S. Ct. 1584 (1981).

Civil Rights Act Of 1964 - Title Vii - Sex Discrimination - Pregnancy - Defenses, Margaret L. Cohen

Duquesne Law Review

The United States Court of Appeals for the Ninth Circuit has held that an airline's employment policy mandating immediate unpaid maternity leave for all flight attendants upon discovery of pregnancy is sex discrimination but is justified by safety considerations.

Harriss v. Pan American World Airways, Inc., 649 F.2d 670 (9th Cir. 1980).

Integration Maintenance: The Unconstitutionality Of Benign Programs That Discourage Black Entry To Prevent White Flight, Rodney A. Smolla

Scholarly Articles

Not available.

Slouching Toward Bethlehem With The Ninth Amendment, William W. Van Alstyne

Faculty Publications

This review discusses Charles Black’s work “Decision According to Law”, which examines the tendency and the means used by activist judges to provide fair decisions through the use of more flexible principles of Constitutional law. While Black’s writing style is both informative and powerful, his original thesis regarding the Ninth Amendment acting as Congressional endorsement of the courts’ activist role is uncompelling and poorly supported.

Constitutional Law - Police Power - Equal Protection - Voluntary Deviate Sexual Intercourse Statute, Louis Bader

Duquesne Law Review

The Pennsylvania Supreme Court has held that the Pennsylvania voluntary deviate sexual intercourse statute is beyond the valid exercise of the state's police power and is violative of the equal protection clauses of the Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania.

Commonwealth v. Bonadio, 490 Pa. 91, 415 A.2d 47 (1980).

A Tale Of Two Amendments: The Reasons Congress Added Sex To Title Vii And Their Implication For The Issue Of Comparable Worth, Michael Evan Gold

Duquesne Law Review

The author of this article examines and dispels the frequently cited account that the provisions against sex discrimination in Title VII of the Civil Rights Act of 1964 were created as a Congressman's joke or as an attempt to defeat the bill. He analyzes the background of the Smith and Bennett amendments, focusing on the congressional debates as they appear in the Congressional Record. He concludes that the Members of Congress were serious about sex discrimination, and that this seriousness has important implications for the interpretation of Title VII.

Civil Rights - Race Discrimination - Title Vii Of The Civil Rights Act Of 1964 - Res Judicata - Individual Actions Subsequent To Eeoc Actions, John R. O'Keefe

Duquesne Law Review

The United States Court of Appeals for the Fifth Circuit has held that dismissal for failure to comply with the Administrative Procedure Act of a Title VII employment discrimination action brought by the Equal Employment Opportunity Co mission is res judicata as to an individual's subsequent private action based upon the same claim.

Jones v. Bell Helicopter Co., 614 F.2d 1389 (5th Cir. 1980).

Civil Rights - Title Vii Of The Civil Rights Act Of 1964 - Remedies - Tenure Award To Title Vii Complainant, Jane Roberts Cobb

Duquesne Law Review

The United States Court of Appeals for the Third Circuit has ordered a. college to award tenure to a Title VII complainant who was a victim of unlawful disparate treatment.

Kunda v. Muhlenberg College, 621 F.2d 532 (3d Cir. 1980).

The Attorney/Client Relationship And 42 U.S.C. 1983: The Impact Of Owen V. City Of Independence, 14 J. Marshall L. Rev. 285 (1981), S. Bennet Rodick

UIC Law Review

No abstract provided.

Eeoc V. City Of Janesville: Promoting Age Discrimination - The Exception Becomes The Rule, 14 J. Marshall L. Rev. 895 (1981), James E. Debruyn

UIC Law Review

No abstract provided.

The Haitian Boat People: An Overview Of The Present Situation Concerning Their Illegal Immigration To Florida, Peter Gordon Lalime

MA TESOL Collection

Beginning about 1972, many of the impoverished people of the Carribean nation of Haiti have fled their country for Florida. Because they come in sea vessels - invariably of questionable quality for an open sea voyage - a name which has been attached to them is that of "boat people". The Haitian boat people leave their homeland for reasons both economic and political in nature. Both their departure from Haiti and their arrival in the United States are illegal events. Once they reach Florida, therefore immigration authorities attempt to deport them, viewing the Haitians as "economic refugees" not entitled to …