Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Civil Rights and Discrimination

Selected Works

Keyword
Publication Year
Publication
File Type

Articles 1621 - 1646 of 1646

Full-Text Articles in Entire DC Network

Welfare Servitude, Julie Nice Dec 1993

Welfare Servitude, Julie Nice

Julie A. Nice

In Welfare Servitude, Professor Nice considers whether mandating work as a condition for receiving welfare violates the Thirteenth Amendment’s prohibition of involuntary servitude and also explores the recurring intersection between race and class. She first describes the redoubling of efforts to increase enforcement of welfare work requirements once racial minorities were no longer excluded from receiving welfare benefits. Next she analyzes judicial decisions construing what constitutes involuntary servitude, including historic cases addressing indentured servitude, the padrone system, peonage, and the surety system, as well as modern cases challenging various welfare work requirements. Professor Nice distills three doctrinal types of involuntary …

Go to article

Foreword: The Jurisprudence Of Reconstruction, Angela Harris Dec 1993

Foreword: The Jurisprudence Of Reconstruction, Angela Harris

Angela P Harris

No abstract provided.

Go to article

Shaky Grounds: The Case Against The Case Against Antidiscrimination Laws [Review Essay On Richard Epstein, Forbidden Grounds], Peter Siegelman Dec 1993

Shaky Grounds: The Case Against The Case Against Antidiscrimination Laws [Review Essay On Richard Epstein, Forbidden Grounds], Peter Siegelman

Peter Siegelman

No abstract provided.

Go to article

A Moral Justification For Gay And Lesbian Civil Rights Legislation, Vincent Samar Dec 1993

A Moral Justification For Gay And Lesbian Civil Rights Legislation, Vincent Samar

Vincent Samar

This essay explores, in two parts, the problems of justifying civil rights legislation for gays, lesbians, and bisexuals. Part I shows that discrimination against gays and lesbians at least in respect to employment, housing, and public accommodations is an evil unsupported by ethical traditions in utilitarianism, rights theory, and communitarianism. It also shows that two theories, Kantian theory and natural law theory, which do support such discrimination on the claim that homoerotic behavior is universally or objectively immoral only do so because of a failure to make precise the concept of "natural" which underlies those theories. Part II argues that …

Go to article

Law And Macroeconomics: Employment Discrimination Litigation Over The Business Cycle, John Donohue, Peter Siegelman Dec 1992

Law And Macroeconomics: Employment Discrimination Litigation Over The Business Cycle, John Donohue, Peter Siegelman

Peter Siegelman

No abstract provided.

Go to article

The Urban Institute Audit Studies: Their Methods And Findings, James Heckman, Peter Siegelman Dec 1992

The Urban Institute Audit Studies: Their Methods And Findings, James Heckman, Peter Siegelman

Peter Siegelman

No abstract provided.

Go to article

"A(Nother) Critique Of Pure Reason": Toward Civic Virtue In Legal Education, Angela P. Harris, Marjorie Shultz Dec 1992

"A(Nother) Critique Of Pure Reason": Toward Civic Virtue In Legal Education, Angela P. Harris, Marjorie Shultz

Angela P Harris

No abstract provided.

Go to article

"A(Nother) Critique Of Pure Reason": Toward Civic Virtue In Legal Education, Angela P. Harris, Marjorie Shultz Dec 1992

"A(Nother) Critique Of Pure Reason": Toward Civic Virtue In Legal Education, Angela P. Harris, Marjorie Shultz

Marjorie M. Shultz

No abstract provided.

Go to article

The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles Baron Feb 1992

The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles Baron

Charles H. Baron

In the mid-19th century, when the United States was confronted with daunting changes wrought by its expanding frontiers and the advent of the industrial revolution, its state supreme courts developed the principles of law which facilitated the nation's growth into the great continental power it became. First in influence among these state supreme courts was the Supreme Judicial Court of Massachusetts-whose chief justice, Lemuel Shaw, came widely to be known as "America's greatest magistrate." It is this tradition that the court brings with it as it develops its place in the "new constitutional revolution" presently sweeping our state supreme courts. …

Go to article

The Changing Nature Of Employment Discrimination Litigation, John Donohue, Peter Siegelman Dec 1990

The Changing Nature Of Employment Discrimination Litigation, John Donohue, Peter Siegelman

Peter Siegelman

No abstract provided.

Go to article

On Doing The Right Thing: Education Work In The Academy, Angela P. Harris Dec 1990

On Doing The Right Thing: Education Work In The Academy, Angela P. Harris

Angela P Harris

No abstract provided.

Go to article

Beyond The Rhetoric Of Dirty Laundry: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Hutchinson Dec 1989

Beyond The Rhetoric Of Dirty Laundry: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Hutchinson

Darren L Hutchinson

No abstract provided.

Go to article

Race And Essentialism In Feminist Legal Theory, Angela P. Harris Dec 1989

Race And Essentialism In Feminist Legal Theory, Angela P. Harris

Angela P Harris

No abstract provided.

Go to article

Proving Discrimination After Price Waterhouse And Wards Cove.Pdf, Candace Kovacic-Fleischer Dec 1989

Proving Discrimination After Price Waterhouse And Wards Cove.Pdf, Candace Kovacic-Fleischer

Candace Kovacic-Fleischer

INTRODUCTION Anyone involved in litigation under Title VII of the Civil Rights Act of 19641 or similar state statutes may wonder what is entailed in proving or disproving discrimination after the United States Supreme Court's October 1988 Term. In fact, in the pending Civil Rights Act of 1990, Congress is considering reversing some of what the Supreme Court did during that Term. One of the issues that the Supreme Court addressed during the 1988 Term involved allocating burdens of proof in two major types of Title VII claims, dis- parate-treatment and disparate-impact. Price Waterhouse v. Hopkins, dealt with a disparate-treatment …

Go to article

Pennsylvania Juvenile Justice Manual For Junior High School & Middle School Students, Robert Hayman Dec 1987

Pennsylvania Juvenile Justice Manual For Junior High School & Middle School Students, Robert Hayman

Robert L. Hayman

No abstract provided.

Go to article

Privatization Of Prisons: An Analysis Of The State Action Requirement Of The Fourteenth Amendment And 42 U.S.C. § 1983, Ira P. Robbins Dec 1987

Privatization Of Prisons: An Analysis Of The State Action Requirement Of The Fourteenth Amendment And 42 U.S.C. § 1983, Ira P. Robbins

Ira P. Robbins

Introduction: The privatization of prisons raises important issues with respect to liability in suits brought by inmates. If a private company operates the prison, the state likely will be directly involved in some aspects of prison life, such as using force when necessary or making quasi-judicial decisions, but it may not be directly involved in the day-to-day operation of the institution. This dichotomy of involvement may lead to con- fusion over responsibility and accountability when a violation of rights is alleged to have occurred. When a private party, as opposed to a government employee, is charged with abridging rights guaranteed …

Go to article

Prayer In The Public Schools, Lawrence A. Hamermesh, Jack B. Blumenfeld Dec 1985

Prayer In The Public Schools, Lawrence A. Hamermesh, Jack B. Blumenfeld

Lawrence A. Hamermesh

No abstract provided.

Go to article

Review Of Sowell "Civil Rights: Rhetoric Or Reality?", Stephen D. Sugarman Dec 1984

Review Of Sowell "Civil Rights: Rhetoric Or Reality?", Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Go to article

Regression Analysis In Title Vii Cases: Minimum Standards, Comparable Worth, And Other Issues Where Law And Statistics Meet, Tom Campbell Dec 1983

Regression Analysis In Title Vii Cases: Minimum Standards, Comparable Worth, And Other Issues Where Law And Statistics Meet, Tom Campbell

Tom Campbell

No abstract provided.

Go to article

Pennhurst As A Source Of Defenses For State And Local Governments, George D. Brown Dec 1981

Pennhurst As A Source Of Defenses For State And Local Governments, George D. Brown

George D. Brown

No abstract provided.

Go to article

The New Model Rules Of Professional Conduct: Lawyer-Client Decision Making And The Role Of Rules In Structuring The Lawyer-Client Dialogue, Mark Spiegel Dec 1979

The New Model Rules Of Professional Conduct: Lawyer-Client Decision Making And The Role Of Rules In Structuring The Lawyer-Client Dialogue, Mark Spiegel

Mark Spiegel

No abstract provided.

Go to article

Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron Dec 1978

Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron

Charles H. Baron

In this Article, Professor Baron challenges the position taken recently by Dr. Arnold Relman in this journal that the 1977 Saikewicz decision of the Supreme Judicial Court of Massachusetts was incorrect in calling for routine judicial resolution of decisions whether to provide life-prolonging treatment to terminally ill incompetent patients. First, Professor Baron argues that Dr. Relman's position that doctors should make such decisions is based upon an outmoded, paternalistic view of the doctor-patient relationship. Second, he points out the importance of guaranteeing to such decisions the special qualities of process which characterize decision making by courts and which are not …

Go to article

Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron Dec 1977

Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron

Charles H. Baron

The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's …

Go to article

Preferences In Public Employment, Robert G. Vaughn Dec 1975

Preferences In Public Employment, Robert G. Vaughn

Robert G. Vaughn

INTRODUCTION: Open and competitive examination is generally perceived as the surest method of ensuring that public employees are selected on the basis of their merit and ability. Since the Pendleton Act of 1883, legislation has continually attempted to implement the view that efficient and impartial public sector employment requires that qualifications be demonstrated in an objective examination. But blacks, women and other minorities have been systematically excluded from public employment. This exclusion has resulted not only from bias in the examination, but also from other less visible aspects of the appointment process which supplant strict merit selection.

Go to article

Beyond The Prima Facie Case In Employment Discrimination Law: Statistical Proof And Rebuttal, Tom Campbell Dec 1974

Beyond The Prima Facie Case In Employment Discrimination Law: Statistical Proof And Rebuttal, Tom Campbell

Tom Campbell

No abstract provided.

Go to article

Equality And Health, Michael Meltsner Dec 1965

Equality And Health, Michael Meltsner

Michael Meltsner

This article describes civil rights litigation over discrimination in health care in the 1960's. As a consequence of Title VI of the Civil Rights Act of 1964 enforcement shifted to federal regulators whose performance is measured and evaluated.

Go to article

First Prev