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Articles 1 - 30 of 53
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Family, Marriage, And The Same-Sex Couple, Lisa R. Zimmer
Family, Marriage, And The Same-Sex Couple, Lisa R. Zimmer
Cardozo Law Review
No abstract provided.
Civil Rights—Marital Status Discrimination—Refusing To Rent To Unmarried Cohabitants Is Not Unlawful Marital Status Discrimination Under The Minnesota Human Rights Act. State Ex Rel. Cooper V. French, 460 N.W.2d 2 (Minn.1990), Steven L. Mcconnell
University of Arkansas at Little Rock Law Review
No abstract provided.
Second Class Rights? Principles And Compromise In The Charter, Denise G. Réaume, Leslie J. M Green
Second Class Rights? Principles And Compromise In The Charter, Denise G. Réaume, Leslie J. M Green
Dalhousie Law Journal
Minority language rights are both historically and politically central to the Canadian constitution. It is also commonly supposed that they are fundamental rights, rooted in principle, and deserving generous interpretation by the courts. For a time, it seemed that the Supreme Court of Canada shared this view. In the Manitoba Language Reference, for example, they said that "The importance of language rights is grounded in the essential role that language plays in human existence, development and dignity." In Mercure v. A.G. of Saskatchewan they reiterated: "It can hardly be gainsaid that language is profoundly anchored in the human condition. Not …
Academic Freedom And The University Title Vii Suit After University Of Pennsylvania V. Eeoc And Brown V. Trustees Of Boston University, Clisby L.H. Barrow
Academic Freedom And The University Title Vii Suit After University Of Pennsylvania V. Eeoc And Brown V. Trustees Of Boston University, Clisby L.H. Barrow
Vanderbilt Law Review
Tenure' is the crowning laurel of academia. The process of reviewing a candidate for tenure at the university level generally begins with an evaluation and recommendation by a group of the candidate's peers. Candidates who are denied tenure may seek judicial review of the decision and discovery of peer review materials. Not surprisingly, universities encourage courts to defer to tenure decisions and to deny plaintiffs access to confidential peer review documents.Traditionally, in fact, courts have given great deference to university tenure decisions. Judicial deference has pervaded every phase of review from discovery to trial and remedy. As deference to university …
Sin, Stigma & Society: A Critique Of Morality And Values In Democratic Law And Policy, Timothy W. Reinig
Sin, Stigma & Society: A Critique Of Morality And Values In Democratic Law And Policy, Timothy W. Reinig
Buffalo Law Review
No abstract provided.
The Rhetorical Tapestry Of Race: White Innocence And Black Abstraction, Thomas Ross
The Rhetorical Tapestry Of Race: White Innocence And Black Abstraction, Thomas Ross
William & Mary Law Review
No abstract provided.
Remarks Made At The Second Circuit Judicial Conference, September 8, 1989, Thurgood Marshall
Remarks Made At The Second Circuit Judicial Conference, September 8, 1989, Thurgood Marshall
Trotter Review
For many years, no institution of American government has been as close a friend to civil rights as the United States Supreme Court. Make no mistake: I do not mean for a moment to denigrate the quite considerable contributions to the enhancement of civil rights by presidents, the Congress, other federal courts, and the legislatures and judiciaries of many states. It is now 1989, however, and we must recognize that the Court's approach to civil rights cases has changed markedly. The most recent Supreme Court opinions vividly illustrate this changed judicial attitude. In Richmond v. Croson, the Court took …
Hiv Positive Employees As Handicapped Persons Under State And Federal Law: West Virginia Follows The Trend To Cast Aside Irrational Fear And Prejudice In Favor Of Competent Medical Evidence And Sound Public Policy, Frank W. Volk
West Virginia Law Review
No abstract provided.
Women Lawyers And The Quest For Professional Identity In Late Nineteenth-Century America, Virginia G. Drachman
Women Lawyers And The Quest For Professional Identity In Late Nineteenth-Century America, Virginia G. Drachman
Michigan Law Review
Whenever Lelia Robinson, a nineteenth-century woman lawyer, prepared to take a case to court, she faced a particular problem what to do about her hat. "Shall the woman attorney wear her hat when arguing a case or making a motion in court," she asked in 1888, "or shall she remove it?" Robinson's question was not a frivolous matter of fashion, but a serious concern to every woman lawyer who entered the courtroom. As a proper lady of her day, it was not only appropriate that she wear a hat in public, it was expected of her. But as a lawyer, …
Deconstruction And The Impossibility Of Justice, Thomas Keenan
Deconstruction And The Impossibility Of Justice, Thomas Keenan
Cardozo Law Review
No abstract provided.
Pure Politics, Girardeau A. Spann
Pure Politics, Girardeau A. Spann
Michigan Law Review
Part I of this article considers the impact that judicial discretion has on the traditional model of judicial review, and that model's reliance on the Supreme Court as the primary guardian of minority interests. Part II argues that the interests of racial minorities can be better advanced through the ordinary political process than through the process of Supreme Court adjudication. Part Ill emphasizes that minority participation in Supreme Court proceedings cannot ultimately be avoided and, accordingly, suggests a political model of the Court that minorities can use in an effort to neutralize the Court's distortion of the political process. Part …
Applying Section 2 Of The Voting Rights Act To Single-Member Offices, Edward J. Sebold
Applying Section 2 Of The Voting Rights Act To Single-Member Offices, Edward J. Sebold
Michigan Law Review
This Note questions whether an exemption for single-member offices is justified. Part I provides a brief overview of the Voting Rights Act and the types of discrimination in the political process to which it applies., Part I then reviews the decisions on single-member offices, including the courts' attempts to define single-member offices. This Part concludes neither Congress nor the Supreme Court dictates an exemption for single-member offices. Instead, single-member offices should be open to challenge if they hamper the achievement of section 2's goals. Part II identifies the goals of section 2 by developing a number of theories to give …
Presumed Frivolous: Application Of Stringent Pleading Requirements In Civil Rights Litigation, Douglas A. Blaze
Presumed Frivolous: Application Of Stringent Pleading Requirements In Civil Rights Litigation, Douglas A. Blaze
William & Mary Law Review
No abstract provided.
Deshaney's Effect On Future "Poor Joshuas" -Whether A State Should Be Liable Under The Fourteenth Amendment For Harm Inflicted By A Private Individual, Lori Demond
BYU Law Review
No abstract provided.
The Fourteenth Amendment And The Bill Of Rights, Raoul Berger
The Fourteenth Amendment And The Bill Of Rights, Raoul Berger
BYU Law Review
No abstract provided.
Awarding Expert Witness Fees In Civil Rights Actions, Bebe Novich
Awarding Expert Witness Fees In Civil Rights Actions, Bebe Novich
Cardozo Law Review
No abstract provided.
Meanness As Racial Ideology, Derrick Bell
Meanness As Racial Ideology, Derrick Bell
Michigan Law Review
A Review of The Port Chicago Mutiny: The Story of the Largest Mutiny Trial in U.S. History by Robert L. Allen
Part Of The Solution Rather Than Part Of The Problem: A Role For American Private Elementary And Secondary Schools In The 1990s, Stephen D. Sugarman
Part Of The Solution Rather Than Part Of The Problem: A Role For American Private Elementary And Secondary Schools In The 1990s, Stephen D. Sugarman
William & Mary Law Review
No abstract provided.
Toward An Expanded Conception Of Law Reform: Sexual Harassment Law And The Reconstruction Of Facts, Holly B. Fechner
Toward An Expanded Conception Of Law Reform: Sexual Harassment Law And The Reconstruction Of Facts, Holly B. Fechner
University of Michigan Journal of Law Reform
This Note uses feminist reform of sexual harassment law to show how the reconstruction of factual descriptions can lead to change in the law. Part I describes the feminist methodology of consciousness raising and analyzes Catharine MacKinnon's Sexual Harassment of Working Women as an example of a successful consciousness-raising tool. Part II discusses sexual harassment doctrine and presents a case study illustrating how changing the way legal decision makers think about facts can lead to law reform. Part III discusses how social construction theory aids understanding of changes in sexual harassment law.
National Collegiate Athletic Ass'n V. Tarkanian: Viewing State Action Through The Analytical Looking Glass, Stephen R. Vancamp
National Collegiate Athletic Ass'n V. Tarkanian: Viewing State Action Through The Analytical Looking Glass, Stephen R. Vancamp
West Virginia Law Review
No abstract provided.
The Republican Revival: Revolutionary Republicanism's Relevance For Charles Summer's Theory Of Equality And Reconstruction, Janis L. Mcdonald
The Republican Revival: Revolutionary Republicanism's Relevance For Charles Summer's Theory Of Equality And Reconstruction, Janis L. Mcdonald
Buffalo Law Review
No abstract provided.
Rico Threatens Civil Liberties, Antonio J. Califa
Rico Threatens Civil Liberties, Antonio J. Califa
Vanderbilt Law Review
The history of conspiracy, according to Justice Robert Jackson, exemplifies the "'tendency of a principle to expand itself to the limit of its logic.' "" This same phenomenon is present today in the Racketeer Influenced and Corrupt Organizations Act of 1970 (RICO). RICO has moved beyond logic and intent into areas far removed from racketeering. Originally intended to combat organized crime, RICO is used increasingly in ideological disputes. For example, it has been used against abortion clinic protesters and anti-pornography groups.
This Article argues that using RICO in ideological disputes is inappropriate and harmful because it results in the chilling …
Teeth For A Paper Tiger: A Proposal To Add Enforceability To Florida's Hate Crimes Act, Marc L. Fleischauer
Teeth For A Paper Tiger: A Proposal To Add Enforceability To Florida's Hate Crimes Act, Marc L. Fleischauer
Florida State University Law Review
No abstract provided.
Aids And The Perception Of Aids As Handicaps Under Florida Law, Robert Craig Waters
Aids And The Perception Of Aids As Handicaps Under Florida Law, Robert Craig Waters
Florida State University Law Review
Until 1989, many questions remained unanswered about the extent of protection afforded by Florida's numerous handicap discrimination laws for those with symptomless infection of the AIDS virus or those perceived as having such an infection. The 1989 Florida Legislature settled these questions by declaring that having the infection and being perceived as infected fall within the protection of these statutes. As a rationale, the Legislature adopted an express statement of intent that found all forms of AIDS-related discrimination irrational, scientifically unfounded, and detrimental to society as a whole. This Article explores the sweeping implications of these legislative determinations.
The Broadened Dimensions And More Powerful Bite Of The State Fair Housing Act, B. Bailey Liipfert Iii
The Broadened Dimensions And More Powerful Bite Of The State Fair Housing Act, B. Bailey Liipfert Iii
Campbell Law Review
Part I of this Comment analyzes the substantive changes in the Act. These substantive changes significantly extend the scope of the protection against discriminatory practices. These changes mirror those in the recently amended Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968). Substantively, the Acts are now virtually identical. There are, however, some differences of which the practitioner should be aware. Part II discusses the procedural implications of the new State Act. How the State and Federal Acts and agencies function together in enforcement procedures is the primary focus of Part II.
North Carolina's New Aids Discrimination Protection: Who Do They Think They're Fooling?, Angela Sue Bullard
North Carolina's New Aids Discrimination Protection: Who Do They Think They're Fooling?, Angela Sue Bullard
Campbell Law Review
This Comment's primary purpose is to examine the substantive provisions of the 1989 amendments to the NCCDA. First, the Comment briefly examines background information, including: (1) medical and statistical facts about AIDS and related infections; (2) the causes, history and significance of AIDS discrimination; and (3) pre-existing or alternate protections available to persons discriminated against on the basis of AIDS, HIV or ARC. Second, the Comment proceeds with a provision-by-provision evaluation of the NCCDA amendments. It analyzes the amendments in light of the above mentioned background information, as well as existing authority on the various issues addressed by the amendments. …
In Lieu Of Preclusion: Reconciling Administrative Decisionmaking And Federal Civil Rights Claims, Marjorie A. Silver
In Lieu Of Preclusion: Reconciling Administrative Decisionmaking And Federal Civil Rights Claims, Marjorie A. Silver
Indiana Law Journal
No abstract provided.
A Matter Of Difference: Domestic Contracts And Gender Equality, Brenda Cossman
A Matter Of Difference: Domestic Contracts And Gender Equality, Brenda Cossman
Osgoode Hall Law Journal
This essay explores the feminist debates around gender difference and gender equality in the context of the Supreme Court of Canada's Pelech trilogy. It argues that the Court's approach to the enforcement of separation agreements does not adequately account for gender difference. Based on feminist critiques of difference, the essay then suggests an approach which might allow us to move beyond the dilemmas that difference presents to feminist legal theory and practice, and to the enforcement of separation agreements in particular.
Innocence And Affirmative Action, Thomas Ross
Innocence And Affirmative Action, Thomas Ross
Vanderbilt Law Review
When we create arguments, when we act as rhetoricians, we reveal ourselves by the words and ideas we choose to employ. Verbal structures that are used widely and persistently are especially worth examination. Arguments made with repeated, almost formulaic, sets of words suggest a second argument flowing beneath the apparent argument. Beneath the apparently abstract language and the syllogistic form of these arguments, we may discover the deeper currents that explain, at least in part, why we seem so attached to these verbal structures.
Argument about affirmative action in the context of racial discrimination is particularly wrenching and divisive, especially …
The Ripple Effects Of Slaughter-House: A Critique Of A Negative Rights View Of The Constitution, Michael J. Gerhardt
The Ripple Effects Of Slaughter-House: A Critique Of A Negative Rights View Of The Constitution, Michael J. Gerhardt
Vanderbilt Law Review
Upon seeing Niagara Falls for the first time, Oscar Wilde reportedly remarked that it "would be more impressive if it flowed the other way." I have a similar reaction to a series of narrow Supreme Court interpretations of the fourteenth amendment, beginning with the Slaughter-House Cases, decided in 1872, and extending to the 1989 decisions in Webster v. Reproductive Health Services and DeShaney v. Winnebago County Department of Social Services. In Slaughter-House the Court interpreted the privileges or immunities clause of the fourteenth amendment as merely protecting interests other federal laws already protected, while recently the Court interpreted the due …